Terms & Conditions
This document is an electronic record in compliance with the Information Technology Act, 2000 and the Rules and Regulations framed thereunder, as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Please read the following terms and conditions carefully before browsing, downloading, registering, accessing or using the application as defined below. By accessing, registering on or using the Website/ mobile App or by using the Services as defined below, you agree to be bound by the terms and conditions set forth below including any additional guidelines and future modifications thereto. If, at any point of time, you do not agree to these terms and conditions or do not wish to be bound by any of these terms and conditions, you may not access or use the Website/Mobile App and immediately terminate your use of the services.
These Terms and Conditions (as may be amended from time to time, the "Agreement" or “Terms”) constitute a legal contract between You being, an individual User, User, or beneficiary of at least 18 years of age (“You” or “User”), and FLABFIT HEALTH TECHNOLOGIES PVT LTD (“FLABFIT”) having its registered office at No. 5, Habibullah Road, 1st Lane, T.Nagar, Chennai - 600017.
Flabfit is a software and technology company, which owns and operates the website, namely, “www.flabfit.com” (“Website”) and a mobile application FLABFIT (collectively the “Platform”), facilitating the Users (as defined above), by providing a platform, to book the service provided by third-party service providers, either directly or indirectly engaged in, inter alia, providing gym services (collectively the “Services”). Flabfit is an aggregator where, on its platform You are provided access to the Services provided by third parties ("Vendors") at a special rate provided by the Vendors/Flabfit for You as user of FLABFIT Platform. FLABFIT does not warrant or take any responsibility or liability in respect of the Services offered by Service Provider, nor does it assert any rights or claims over the Services offered by Service Provider to the User. The Service Providers have been listed on the Website and Platform, in accordance with the Services they provide to Users(“Listed Service Providers”). It is clarified that FLABFIT shall not be directly engaged in providing any Services (including sale of any product / service) to You and all Services shall be provided by the Listed Service Providers alone and without any involvement of Flabfit.
By accessing the present Platform, You represent that You are at least 18 (eighteen) years of age and have not been previously suspended or prohibited from accessing the Platform or otherwise availing the Services through the Platform. You represent and warrant that You have the right legal and mental capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
The Services are provided by the Listed Service Providers and Flabit provides no Services and only acts as an aggregator by providing platform to the Users to utilise the Services provided by the said Service Providers. FLABFIT will not be in any way liable or responsible for the non-delivery of the Services under any circumstances.
Cancellation by the User: In case of cancellation of service request, FLABFIT’s responsibility shall be limited to transmitting information relating to such cancellation to the concerned third-party Service Provider. FLABFIT shall not be responsible or liable to any financial loss which may accrue to You or the third-party Service Provider as a result of such cancellation. Any dispute, which may arise due to such cancellations, will be between the third-party Service Provider and the User in this regard or otherwise shall solely be between such third-party Service Provider and the User.
Cancellation by FLABFIT/VENDOR: There may be certain Service orders that the Service Providers may be unable to accept and service and these may be cancelled or otherwise not provided by the Listed Service Providers. Situations, that may result in Your service request being cancelled. FLABFIT will inform You if Your service request is cancelled or otherwise unavailable, or if additional information is required to accept Your Service request.
FLABFIT may, at its sole discretion, charge and recover from the User any fees for availing the Services provided by the Service Providers. These charges shall be effective from the time they are posted on to the Platform. By accessing the Platform, You agree that You are bound by such revisions and should therefore visit the Platform or check with the FLABFIT business partner channel through which You are availing the Service to review the current fees from time to time. In the event that You stop or seek a reversal of the Payment Instructions as may have been submitted, FLABFIT shall be entitled to charge and recover from You and You shall be liable to pay such charges to the Bill Payment Service as may be decided by FLABFIT.
While availing the services from the FLABFIT service providers, there may be difference from service provider to service provider in terms of feature of the services, payment options, charges, or there may be an additional fees or charge when the payment is made using certain types of payment options.
FLABFIT may at its sole discretion, add to or delete from such list of payment methods that can be used to make payments and third-party Service Providers.
Depending on the specific facilities allowed by the Service Provider, payments to Service Providers can be made online payment using credit/debit card or net banking.
The fees as displayed on [name of the application/website] is inclusive of taxes.
FLABFIT assumes no responsibility and shall incur no liability direct or implied if the User is unable to affect any Payment Instruction(s), when owing to any one or more of the following circumstances:
You understand that except for information, products or services clearly indicated as being supplied through our Platform, we do not operate, control, or endorse any information, products or Services in anyway. Additionally, You are responsible for implementing procedures and necessary control systems on your devices, to satisfy Your particular requirements and to protect your systems and for ensuring accuracy of data input and output.
By using the Services provided through our Platform, You agree not to;
You agree to indemnify, save, and hold FLABFIT, its promoters, its directors, its affiliates, contractors, service providers, employees, officers, agents and its third party suppliers, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to Your use or misuse of the Services or of the Platform any violation by You of this Agreement, or any breach of the representations, warranties, and covenants made by You herein. We reserve our right, at Your expense, to assume the exclusive defence and control of any matter for which You are required to indemnify FLABFIT, including rights to settle, and You agree to cooperate with FLABFIT's defence and settlement of these claims. FLABFIT will make reasonable efforts to notify You of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Agreement.
In no event will FLABFIT or its contractors, directors, officers, agents, licensors, partners be liable to You for any special, indirect, incidental, consequential, punitive, or exemplary damages, including but not limited to lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever, arising out of or relating to (i) this Agreement, (ii) the Services offered on the Platform or any reference site, or (iii) Your use or inability to use the Services due to any reason.
You acknowledge and agree that FLABFIT operates the Platform and has entered into this Agreement in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between You and FLABFIT. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions may not apply to You. In such cases, FLABFIT's liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive termination of this Agreement.
FLABFIT PLATFORM, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE PLATFORM, IS PROVIDED 'AS IS.' TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT/SERVICES ON THE PLATFORM, OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH PLATFORM, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH PLATFORM OR ANY LINKED SITE. FURTHER, FLABFIT AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN PALTFORM, OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED. COMPANY AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF PLATFORM, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. FLABFIT FURTHER DOES NOT ENDORSE ANY SERVICES NOT GUARANTEES AND SERVICES PROVIDED BY THE SERVICE PROVIDER OR ANY INFORMATION/DATA PROVIDED ON IT IN ITS PLATFORM.
FLABFIT is an aggregator where, you are provided access to the Services provided by Listed Service Providers. The actual contract for Services is directly between the Service Provider and You. FLABFIT does not, at any point of time, during any transaction between You and the Service Provider, take any responsibility or liability in respect of the Services offered by Service Provider nor does it at any point assert any rights or claims over the Services offered by Service Providers to the User. FLABFIT possesses no control or responsibility with respect the quality or nature, with respect any Service availed by the User, and the sole responsibility shall be that of the third party Service Provider.
All rights, including copyright, in the content Platform are owned or controlled for these purposes by FLABFIT. Except where expressly stated otherwise, you are not permitted to do any derivative work, copy, download, store (in any medium), transmit, broadcast, show or display in public, adapt or change in any way the content of thePlatform , web pages for any other purpose whatsoever without the prior written permission of FLABFIT. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible under applicable law. Any other rights, not expressly granted herein, are reserved.
The Website/Mobile App includes a combination of content that FLABFIT creates, that our partners or licensors or associates create, and that the User may create. All materials published on the Website/ mobile app, including, but not limited to software(s), advertisement(s), written content, views, reviews, photographs, graphics, images, illustrations, marks, logos, sound or video clips, and Flash animation, are protected by our copyrights or trademarks or those of our partners or licensors or associates. You are not permitted to copy, modify, publish, transmit, reproduce, create derivative works of, distribute, publicly perform or display, or in any way exploit any of the materials or content on the websites in whole or in part. Without prejudice to the above, FLABFIT may share Your Content with the Listed Service Providers, in order to facilitate the provision of the Services to You or otherwise performing our obligations under this Agreement. Further, FLABFIT may also disclose Your Content, in case FLABFIT reasonably believes that disclosure is: (i) is necessary in order to comply with a legal process (such as a court order, search warrant, etc.) or other legal requirement of any governmental authority; (ii) would potentially mitigate FLABFIT’s liability in an actual or potential lawsuit; (iii) is otherwise necessary or appropriate to protect our rights or property, or the rights or property of any person or entity; (iv) to enforce this Agreement (including, but not limited to ensuring payment of fees by Users); or (v) as may be required or necessary to deter illegal behavior (including, but not limited to, fraud).
If you find any contents or materials published on our sites as obscene, offensive, indecent, racial, hatred to religion or objectionable or that is inaccurate, you will refrain from use of the materials or contents and shall bear all risks associated with using that content. You unequivocally agree not to publish or post such material in Your Content. We have the right, but not the obligation, to remove any content that may, in our sole discretion, violate these Terms or that is otherwise objectionable. All names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on the Platform belonging to any person, entity or third party are recognized as proprietary to the respective owners and any claims, controversy or issues against these names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights must be directly addressed to the respective parties under notice to us. You irrevocable confirm and undertake that FLABFIT shall not be liable for any claims, expenses and liabilities for display or use of the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on the Website under license or rights or affiliation with the said person, entity or third party.
FLABFIT does not in any way warrant or represent about the quality or nature of the products or services which may be advertised on the The Platform. Your correspondence or dealings with, or participation in promotions of advertisers displayed on the Platform, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser / third-party. FLABFIT shall not be responsible or liable for any loss or damage of any sort incurred by You as a result of any such dealings or as the result of the presence of such advertisers on the Website, and any such interaction with a third-party advertiser shall be undertaken by You at your sole risk and liability.
Termination by FLABFIT: You agree that FLABFIT, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate Your account (or any part thereof) or Your use of the Services and remove and discard all or any part of Your account, at any time without assigning any reason. FLABFIT may also in its sole discretion and at any time discontinue providing access to the Services, or any part thereof, with or without notice. You agree that any termination of Your access to the Services or any account You may have or portion thereof may be effected without prior notice, and You agree that FLABFIT will not be liable to You or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies FLABFIT may have at law or in equity. Upon termination for any reason, You agree to immediately stop using the Services.
FLABFIT reserves the exclusive right to change, modify, add, delete or remove portions of this Agreement at any time by posting notification to the Site or otherwise communicating the notification to You. The changes will become effective, and shall be deemed accepted by You 24 (twenty four) hours after the initial posting and shall be applicable immediately on a going-forward basis with respect to payment transactions initiated after the posting date. If You do not agree with any such modification, Your sole and exclusive remedy is to terminate Your use of the Services. If you continue to use the services, it will be deemed as your acceptance to the terms. For certain changes, FLABFIT may be required under applicable law to give You advance notice, and FLABFIT will comply with such requirements.
The failure of FLABFIT to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by authorised representatives of FLABFIT.
FLABFIT may provide You with notices and communications by email, regular mail or postings on the Website or by any other reasonable means. Except otherwise communicated, notice to FLABFIT must be sent by courier or registered mail to: Flabfit Health Technologies Pvt. Ltd., No:5, Habibullah Road, 1st Lane, T.Nagar, Chennai - 6000017.
You and / or FLABFIT may elect to resolve any dispute arising out of or relating to this Agreement or Service provided in connection with this Agreement by binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996. Any such dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Chennai, India and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either You or FLABFIT may seek any interim or preliminary relief from a court of competent jurisdiction in Chennai, India, necessary to protect the rights or the property of You or FLABFIT (or its agents, suppliers, service providers and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither You nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of the arbitration award. In all arbitrations, each party will bear the expense of its own lawyers and preparation. The language of Arbitration shall be English.
If any provision of this Agreement is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable.
Subject to Clause 19, You agree that Courts in Chennai, India, shall have exclusive jurisdiction in respect of disputes You and / or FLABFIT may have against one another arising out of or in connection with these Terms and Conditions. This Agreement shall be governed by the laws of India, without giving effect to any principles of conflicts of law.
This Agreement, and any rights granted hereunder, may not be transferred or assigned by You without our prior written consent which may be withheld in our sole discretion, but may be assigned by us without restriction. Any assignment attempted to be made in violation of this provision shall be void and of no effect.
Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration as applied to transfers and relationship prior to such termination or expiration.
This is the entire agreement between You and FLABFIT relating to the subject matter hereof and will not be modified except in writing, signed by both parties, or by a change to this Agreement made by FLABFIT in accordance with the terms of this Agreement.
If any User has any question, issue, complaint, please contact our customer service at email@example.com