Introduction

Fitness 365 Daysis a proprietorship firm founded by Sakshi Khattar, who is operating the website www.fitness365days.com (including but not limited to software applications, mobile applications and website, hereinafter “the platform”) for providing services across the world.

This Terms of Use and Conditions Policy (hereinafter “Usage Policy”) for the platform and the services provided thereunder is applicable to all users of the platform and the services thereunder as provided from time to time by Fitness 365 Days and its affiliates, subsidiaries or its successors in interest.

By visiting the platform or availing the services provided thereunder, you agree that you have read, understood and agree to be bound by the terms and conditions of this Usage Policy.

This Usage Policy includes, by reference, the terms and conditions and policies, including the Privacy Policy and Cookie Policy that are referenced here. You agree and warrant that you will not use (or plan, encourage or help others to use) this platform or the service thereunder for any purpose or in any manner that is prohibited by these terms and conditions, law, regulation, or other prohibition. It is your responsibility to ensure that your use of this platform complies with these terms and conditions including but not limited the following:

  1. You undertake to be eligible to use the platform in accordance with the legal age of your country or have consent from your parents or guardian.
  2. While registering on our platform, you undertake to provide accurate information and keep such registration with your exclusive self. You further undertake to not register an account on behalf of a third party or transfer your own account to a third party. You undertake to inform us at mail@fitness365days.com in case of knowledge of any unauthorized usage of your account. Fitness 365 Days is not responsible for any loss or activity resulting from any unauthorized usage of your account.
  3. All trademark, service marks, trade names “FITNESS 365 DAYS” etc. are owned by Sakshi Khattar. You do not acquire ownership rights in the Content created at the platform including intellectual property of the platform. You shall not violate laws prohibiting copyright, patent, trademark or trade secret infringement, misuse or misappropriation thereof. Further, any unauthorized usage of the Content available on the platform may subject you to criminal or civil charges and penalties in accordance with laws of India.
  4. You shall not engage in distribution of any work which amounts to illegal gambling; defamation, harassment or libel; false advertising; slander or transmission of malicious code or to gain access to other networks or to any offence under the prevailing criminal laws of India.
  5. Fitness 365 Days is not responsible for content posted on the platform by users. You undertake any content posted by you as comments, feedback, ideas etc. shared by you without our consent, you grant Fitness 365 Days perpetual and worldwide license to use such to, but not limited to, develop and market our services and products in order to improve our services. You shall not use the platform in connection with any content that Fitness 365 Days reasonably believe promotes, incites or threatens violence, contains harassing content, objectionable content or hate speech, is defamatory or violates a person’s privacy, infringes on another person’s copyright, trade or service mark, patent or other property right; constitutes illegal arms trafficking, or is likely to result in retaliation against Fitness 365 Days’ system, network or employees, including behaviour that results in a server being the target of a denial of service attack.
  6. You are not permitted to use or cause the Fitness 365 Days’ systems services to store or process sensitive or otherwise regulated personally-identifiable information such as Protected Health Information, cardholder data that is protected under the Payment Card Industry Data Security Standard (including, but not limited to, credit or debit card data), or other financial data (such as bank account details).
  7. You acknowledge and agree that Fitness 365 Days cannot be responsible for any liabilities arising from your violation of this restriction. Fitness 365 Days  is not responsible for your interactions with other users of the platform or any damage or harm caused to you resulting from such interactions.
  8. If you are additionally subject to the European Data Directive, then you also represent and warrant that your terms of use and privacy policy will incorporate the material portions or essence of Fitness 365 Days’ privacy policy.
  9. You agree that you are responsible for and will responsibly utilize the services to transmit email. You acknowledge that sending or promoting spam using the Services is prohibited and will result in immediate termination of your account.
    Spam is the transmission of any unsolicited electronic communication for which no verifiable permission has been granted by the recipient.
  10. You acknowledge that Fitness 365 Days, at its discretion, may place limits on the number of outbound messages you may send if your account indicates that you are jeopardizing Fitness 365 Days’ network stability.
  11. If you are found to have committed any such acts, Fitness 365 Days reserves the right, without notice and in its sole discretion, to terminate your license to use the platform and/or services, and/or to block or prevent future access to and use of the platform or services, and/or initiate appropriate legal action.
  12. You shall not excessively burden the services provided by Fitness 365 Days on the platform www.fitness365days.com or the providers of Third-Party Services or other resources or interfere with the services may provide other customers.
  13. You further agree to receive electronic communications from Fitness 365 Days, subject to applicable laws.

INDEMNIFICATION

You undertake to indemnify and hold Fitness 365 Days and its affiliates, officers, directors, employees, agents, licensors and suppliers harmless from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, legal costs, arising from or relating in any way to content generated by you, your use of the platform, your unauthorized conduct of the platform or any violation of the Usage Policy, any law or the rights of third party.

BILLING/PAYMENT TERMS

We, Fitness 365 Days, offer a subscription-based service model to the content listed on our website and our official pages on various social media (“app”).

All the purchases made are subject to our Terms & Conditions Policy.

The aforesaid Subscriptions can be purchased either directly from:

  1. The Fitness 365 Days website (Fitness 365 Days Website Direct Purchase)
  2. Externally (Social Media purchase)

The various subscription plans offered may depend on your location of purchase.

The subscription fee will apply regardless of the magnitude and frequency of your access or use of your subscription.

Fitness 365 Days Website Purchase

Subscriptions purchased directly from Fitness 365 Days’ website are managed and billed by us.

All Fitness 365 Days website purchased directly are processed through a secure payment gateway provider, such as Paytm and Paypal. You must refer to their terms and conditions for additional information regarding the same.

All transactions are handled over SSL and are PCI-Compliant. We do not store your credit or debit card details.

Payment

Subject to any free trial period, payment must be made at the time of purchase and before you have access to your subscription.

You must notify us of any change to your Payment Method.

  • We will assume your Payment Method is correct and will continue to bill fees and charges relating to your subscription by your nominated Payment Method.
  • If any subscription fees billed to your account are not processed for any reason, we may suspend your subscription until the payment is made in full.

We reserve the right to vary the fees billed for your subscription-based products from time to time, but only for the next and subsequent billing periods.

  • In that event, we will give you notice of the variation at least 15 days before the same will come into effect; and
  • If you do not cancel your subscription within 15 days of the notice of the variation, you will be deemed to have accepted the variation.

Free Trials

Your Fitness 365 Days subscription may start with a free trial for a fixed period as specified at the time of sign up.

Free trials are only available to new Fitness 365 Days users and are at the sole discretion of Fitness 365 Days. If you attempt to sign up for an additional free trial, you will be immediately charged the standard subscription fee.

We reserve the right to revoke your free trial at any time.

Unless you cancel before the end of the trial period, your free trial will automatically be converted to a paid subscription.

Any unused portion of your free trial period will be forfeited upon purchases of a subscription.

Free trial is a promotional offer and may be revoked anytime without prior notice. However, users who are in the free trial won’t be affected.

Promotions

Fitness 365 Days may offer special promotions, trials, discounts, offers or coupons from time to time directly through social media or through third parties, subject to and on its terms and conditions separate to those of Fitness 365 Days. It is your responsibility to read and understand those terms and conditions.

Any trial offers or subscriptions will automatically rollover to a paid subscription unless cancelled at the end of the promotional period, or unless otherwise stated.

Cancellation

Your subscription may be cancelled at any time, without any refunds.

Unless you cancel at least 24 hours before the start of Your next billing period, you will be charged for the next billing period.

For Web & Android, you cancel the subscription by mailing us at mail@fitness365days.com

We do not offer refunds or credits for unused subscription periods, accidental purchases, medical conditions, or any similar reason or event, unless required by law to do so.

In case of any grievance/dissatisfaction regarding our services, kindly contact our support team at mail@fitness365days.com

Disclaimer

FITNESS 365 DAYS PROMOTES WELLNESS AND PHYSICAL ACTIVITIES FOR INFORMATIONAL PURPOSES ONLY. SUCH INFORMATION IS NOT INTENDED AS MEDICAL ADVICE OR SERVICES OR FOR DIAGNOSTIC OR TREATMENT PURPOSES.

FITNESS 365 DAYS IS NOT RESPONSIBLE FOR ANY INJURIES OR DAMAGES SUSTAINED BY USERS RESULTING FROM THE USE OR INABILITY TO USE THE CONTENT ON THE PLATFORM.

FITNESS 365 DAYS USES THIRD-PARTY TECHNOLOGIES WHOSE PERFORMANCE IS DISCLAIMED BY FITNESS 365 DAYS. FITNESS 365 DAYS SHALL NOT BE LIABLE FOR THE LAPSES BY ANY THIRD-PARTY TECHNOLOGY USED BY FITNESS 365 DAYS IN PROVIDING THE SERVICES ON THE PLATFORM.

Fitness 365 Days reserves its right to change these policies periodically by updating this page. Such modifications will be effective when posted. Any use of the platform or the services provided thereunder after such modifications shall constitute acceptance of such modifications.

This platform, Fitness 365 Days’ services and the use of it is governed by the laws of India and the courts in Delhi, India shall have exclusive jurisdiction over any disputes connected to our platform.

Further, in case any provision of this Usage Policy is held invalid or unenforceable, the remainder of the Usage Policy shall continue to be enforceable.

INTELLECTUAL PROPERTY RIGHTS

The intellectual property rights in our content including all information, data, recordings and all source code and other software is owned by us or licensed to us. At no point shall the said intellectual property rights transfer to you under these terms.

TERMINATION OR SUSPENSION

  1. We reserve the right to suspend or terminate your access to our content at any time without any liability.
  2. You can disable the App from your device at any time. If you do so, and would like us to delete your personal data from our systems too, please contact us so that we can do so.

GENERAL

  1. hese terms and conditions (as amended from time to time) constitute the entire agreement relating to your use of the Fitness 365 Days’ content.
  2. If any provision/clause of these terms and conditions is deemed to be invalid, unenforceable or unlawful by any Court of competent jurisdiction, then such provision shall be construed as nearly as possible to reflect the intentions of the parties and all other provisions shall remain in full force and effect.
  3. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.