- Gympp.com (hereinafter referred to as the “Website”) is owned and is trading under the name of Plus Technologies Private Limited (referred to as the “PTPL”) at Pune, India, a Private Limited Company registered with Registrar of Companies.
- The Website is a platform that facilitates the online searching of gyms including but not limited to sale and purchase of passes for entrance into Partner gyms, connecting with Fitness professionals and selling fitness products (hereinafter referred to as the “Services”) however PTPL may from time to time enter into other services as to which the following terms and conditions apply..
3. MINIMUM AGE TO MAKE A PURCHASE
- Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Website and shall not transact on or use the Website. As a minor if you wish to use or transact on Website, such use or transaction may be made by your legal guardian or parents on the Website.
PTPL reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to PTPL’s notice or if it is discovered that you are under the age of 18 years.
4. USER ACCOUNT, PASSWORD, AND SECURITY
If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or PTPL has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, PTPL has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website (or any portion thereof).
While availing any of the payment method/s available on the Website, We will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
- Lack of authorization for any transaction/s, or
- Exceeding the preset limit mutually agreed by You and between “Bank/s”, or
- Any payment issues arising out of the transaction, or
- Decline of transaction for any other reason/s
All payments made against the purchases/services on Website by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website.
You agree to provide correct and accurate credit/ debit card details to the approved payment gateway for availing Services on the Website. You shall not use the credit/ debit card which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit/ debit card. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of Your credit/ debit card details. PTPL expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/ debit card.
6. USAGE CONDUCT
- You shall solely be responsible for maintaining the necessary computer equipments and Internet connections that may be required to access, use and transact on the Website.
- You are also under an obligation to use this Website for reasonable and lawful purposes only, and shall not indulge in any activity that is not envisaged through the Website.
- You shall use this Website, and any voucher/ coupons purchased through it, for personal, non-commercial use only and shall not re-sell the same to any other person.
PTPL shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of you/cardholder having exceeded the preset limit mutually agreed by PTPL with our acquiring bank from time to time.
7. USE Of WEBSITE
- Except as expressly indicated to the contrary in any applicable Additional Terms, PTPL hereby grants You a non-exclusive, freely revocable, non-transferable access to view, download and print product catalogues or any other materials available on the Website, subject to the following conditions:
- You may not modify or alter product catalogues or any other materials available on the Website;
- You may not distribute or sell, rent, lease, license or otherwise make the product catalogues or any other materials available on the Website available to others; and
- You may not remove any text, copyright or other proprietary notices contained in the product catalogues or any other materials available on the Website.
- The rights granted to You in the product catalogues or any other materials as specified above are not applicable to the design, layout or look and feel of the Website. Such elements of the Website are protected by intellectual property rights and may not be copied or imitated in whole or in part. The product catalogues or any other materials available on the Website may be copied or retransmitted unless expressly permitted by PTPL.
Users are allowed to create one account only on the Website. We reserve the right to close all the accounts of any user that is suspected of creating multiple account to take advantage of promotions or referral offers.
8. INTELLECTUAL PROPERTY RIGHTS
- Intellectual Property Rights for the purpose of this Agreement shall always mean and include copyrights whether registered or not, patents including rights of filing patents, trademarks, trade names, trade dresses, house marks, collective marks, associate marks and the right to register them, designs both industrial and layout, geographical indicators, moral rights, broadcasting rights, displaying rights, distribution rights, selling rights, abridged rights, translating rights, reproducing rights, performing rights, communicating rights, adapting rights, circulating rights, protected rights, joint rights, reciprocating rights, infringement rights.
- Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, all those Intellectual Property rights arising as a result of domain names, internet or any other right available under applicable law shall vest in the domain of PTPL as the owner of such domain name.
You agree and confirm that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Intellectual Property Rights through any medium without obtaining the necessary authorization from PTPL or thirty party owner of such Intellectual Property Rights.
10. LIMITATION ON LIABILITY
These limitations shall apply to the fullest extent permitted by law. However, in some jurisdictions limitations of liability are not permitted; therefore, some of the above stated limitations may not apply to you.
- If You want to terminate Your agreement with PTPL, You may do so by (i) not accessing the Website; or (ii) closing Your accounts for all of the Services that You use, where PTPL has made this option available to You.
You hereby agree that PTPL and related parties shall not be liable to you or any third party for any termination or suspension of your user account or for refusing or limiting your access to the Website.
12. APPLICABLE LAW AND GOVERNING JURISDICTION
Not all testimonials on the Website were prepared by us. Therefore, we do not check all endorsement experiences to determine whether or not they match the average user’s expectations of achievement. Accordingly, not all users may achieve the same results.
We take all reasonable steps to ensure that the information on this Website is correct. However, we do not guarantee the correctness or completeness of material on this Website. The Website, Services and other materials are provided by PTPL on “as is” and “as available” basis without any warranty of any kind, express, implied, statutory or otherwise. PTPL makes no warranty that:
- The Website or Services will meet your requirements;
- The Website or Services will always be uninterrupted, timely, secure or error-free;
- The quality of the Website, Services or other materials will meet your expectations;
The results and information of the Website will be accurate and reliable
15. GRIEVANCE OFFICER
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Mr. Karan Gulati
Plus Technologies Private Limited
Address: 203, Creative Cameo, Park Street, Wakad, Pune, Maharashtra – 411027
Email: firstname.lastname@example.org, Time: Mon to Fri (9:00 a.m. to 06:00 p.m.)