This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.gympp.com website.

Your use of the Website and services and tools are governed by the following terms and conditions (hereinafter referred to as “Terms of Use”) as applicable to the Website including the applicable policies which are incorporated herein by way of reference.  If you do not agree to these terms, please refrain from using the Website.

For the purpose of these Terms of Use, wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed to become a buyer on the Website by providing Registration Data while registering on the Website as Registered User using the computer systems. The term “We”, “Us”, “Our” shall mean Plus Technologies Private Limited. We allow the User to surf the Website or making purchases without registering on the Website.

ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING.

1. GENERAL

  • 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.
  • You agree that these Terms of Use are supported by reasonable and valuable consideration, the receipt and sufficiency and hereby acknowledged. Without any limitation to the general consideration, it includes your use of the services provided by Us through the Website including but not limited all materials and information available at or through it and receipt of data.

By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by PTPL Policies ((including but not limited to Privacy Policy available on the Website) as amended from time to time.

2. SERVICES

  • 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 register as a User by creating an Account in order to avail of the Services provided by the Website, You shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse to provide You with access to the Website.

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).

5. PAYMENT

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 access and use the materials solely for personal, informational, and internal purposes, in accordance with the Terms of Use;
  • 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.

Any software that is available on the Website is the property of PTPL or its vendors. You may not use, download or install any software available at the Website, unless otherwise expressly permitted by these Terms of Use or by the express written permission of 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.

9. INDEMNITY

You shall indemnify and hold harmless PTPL, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, Privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

10. LIMITATION ON LIABILITY

  • In no event shall PTPL or related parties to be liable for any special, incidental, indirect, consequential or punitive damages whatsoever, of any kind in connection with these Terms of Use. In addition, such limitations shall apply to any damages resulting after the use of services, products or content received through or advertised on or through the Website, as well as resulting after the use of any information or advice received through or advertised on or through the Website or any links on the Website. Such limitations shall apply to any damages resulting by the post of any content posted by a third-party or action by a third-party on the Website.
  • PTPL’s entire liability to You under this Terms of Use or otherwise shall be the refund of the money charged from You for any specific voucher or product or service, under which the unlikely liability arises during the preceding twelve 12 month period.

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.

11. TERMINATION

  • We, at any time, with or without notice, may suspend or terminate your user account or your ability to use the Website (in part or in whole) for any reason, including, but not limited to, your failure to comply with these Terms of Use, the Privacy Policy or any other terms, conditions, or policies that may be applicable to You from time to time.
  • 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.
  • Notwithstanding the foregoing, these Terms of Use will survive indefinitely unless and until PTPL chooses to terminate them.

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

Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. All claims, differences and disputes arising under or in connection with or in relation hereto the Website shall be subject to the exclusive jurisdiction of the courts at New Delhi.

13. TESTIMONIALS

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.

14. DISCLAIMERS

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: [email protected], Time: Mon to Fri (9:00 a.m. to 06:00 p.m.)

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