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DISCLAIMER

DISCLAIMER

The website/mobile application is provided on an as-is and as-available basis. You agree that your use of the website/mobile application and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the website/mobile application and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the website/mobile application’s content or the content of any websites linked to the website/mobile application and we will assume no liability or responsibility for any:

  • Errors, mistakes, or inaccuracies of content and materials,
  • Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the website,
  • Any unauthorized access to or use of our secure servers and/or any personal information and/or financial information stored therein,
  • Any interruption or cessation of transmission to or from the website/mobile application,
  • Any bugs, viruses, trojan horses, or the like which may be transmitted to or through the website/mobile application by any third party, and/or
  • Any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the website/mobile application.

We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the website/mobile application, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

 

TERMS AND CONDITIONS

Welcome to Letsgetfit hereby addressed as the “Company” and/or “Letsgetfit”. This document is an electronic record in terms of Information Technology Act, 2000 and published by the provisions of Rule 3 of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the Rules and Regulations, Privacy Policy and Terms and Conditions for access or usage of this Website – https://www.Letsgetfit.co.in (hereinafter referred to as “Website”) and our related Website, Application, Services, Products and content (together referred to as “Services”).

 

AGREEMENT TO TERMS

User agreement:These Terms and Conditions (“Terms”) are agreed upon as of today between you (“You”) an individual or entity residing anywhere in the world and Letsgetfit to govern your engagement with the usage of Letsgetfit nutrition and exercise advice provided through mobile application or website through the PC, mobile or any other device/platform as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto. Letsgetfit may have subsidiaries and affiliated legal entities around the world (“Subsidiaries and Affiliates”), providing the Services to you on behalf of Letsgetfit. You acknowledge and agree that the Subsidiaries and Affiliates will be entitled to provide the Services to you under the terms of this Agreement. You agree that by accessing the Website and/or Mobile Application, you have read, understood, and agree to be bound by all of these Terms and Conditions.

IF YOU DO NOT AGREE WITH ALL OR ANY OF THESE TERMS AND CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE WEBSITE AND MOBILE APPLICATION AND YOU MUST DISCONTINUE THEIR USE IMMEDIATELY. PLEASE REVIEW THE FOLLOWING USER AGREEMENT CAREFULLY BEFORE USING THIS WEBSITE:

By clicking on “Accept” you acknowledge that you have read and fully agree to and accept the Terms of Use, Privacy Policy, and Disclaimer statements of LETSGETFIT. Furthermore, by clicking “accept” you acknowledge that you agree to the following:

  • By entering this website or purchasing our programs/ services, you are agreeing to accept all parts of this disclaimer. Thus, if you do not agree to the disclaimer below, STOP now, and do not use our website, programs, services, or products.
  • Always consult your physician or healthcare provider before beginning any nutrition or exercise program. You should be in the good physical condition and be able to participate in the exercise. LETSGETFIT trainers are not licensed medical care providers and represent that they have no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition.
  • You should understand that when participating in any exercise or exercise program, there is the possibility of physical injury. If you engage in this exercise or exercise program, you agree that you do so at your own risk, are voluntarily participating in these activities, assume all risk of injury to yourself, and agree to release and discharge LETSGETFIT from any claims or causes of action.
  • Exercise is not without its risks and this or any other exercise program may result in injury. As with any exercise program, if at any point during your workout you begin to feel faint, dizzy, or have physical discomfort, you should stop immediately and consult a medical professional.
  • We make no guarantees concerning the level of success you may experience, and you accept the risk that results will differ for each individual.
  • The testimonials and examples provided are exceptional results, which do not apply to the average purchaser and are not intended to represent or guarantee that anyone will achieve the same or similar results.
  • Each individual’s health, fitness, and nutrition success depend on his or her background, dedication, desire, and motivation. As with any health-related program or service, your results may vary, and will be based on many variables, including but not limited to, your capacity, life experience, unique health and genetic profile, starting point, expertise, and level of commitment.
  • All plans are prepared based on the information provided by you. You are responsible for the accuracy of any information that you provide to us. You are responsible for informing us of any health issues or medical conditions when asking us to prepare a plan
  • You hereby acknowledge and agree that you are physically and mentally sound and currently have no physical conditions that would be aggravated by your involvement in an exercise program, nutrition plan, or exercise training session and that you have permission from a licensed physician that you can undertake health, fitness, and/or performance training program and/or to follow a nutrition plan.

Eligibility: You must be at least 18 to enroll under a coach on the Platform. If you are between the ages of 13-18, you may use our other free services (excluding registering for a Coach) (“Paid Services”) only with the supervision and consent of a parent or guardian. No individual under these age limits may use the Paid Services, provide any Personal Data to Letsgetfit or otherwise submit Personal Data through the Services (e.g., a name, address, telephone number, or email address).

HEALTH DISCLAIMER: In consideration of being allowed to participate in the activities and structured diet programs offered by Letsgetfit and to use its structured diet programs and training schedule, in addition to the payment of any fee or charge, you do hereby waive, release and forever discharge and hold harmless Letsgetfit and its coaches, consultants, officers, agents, and employees from any responsibility, liability, cost, and expenses, including injuries or damages, resulting from your participation in any activities, or your use of any structured diet or training programs. You do also hereby release Letsgetfit, its coaches, consultants, officers, agents, and employees from any responsibility or liability for any injury, damage, or disorder (physical, metabolic, or otherwise) to you, or in any way arising out of or connected with your participation in any activities with Letsgetfit. You understand that fitness activities involve a risk of loss of personal property, serious injury, and even death and that you are voluntarily participating in these activities and using equipment and machinery with knowledge of the risk involved. You hereby agree to expressly assume and accept any risks of loss of personal property, serious injury, or death related to said fitness activities. In addition, you certify that you are 18 years of age or older. You do hereby further declare yourself to be physically sound and suffering from no condition, impairment, disease, infirmity, or other illness that would affect nutrient metabolism or prevent your participation or use of equipment or machinery except as hereinafter stated. You also agree that if you are suffering from any ailment or any medical condition you have to inform and produce relevant documents to Letsgetfit before beginning any program, physical activities, or any other plans that may be referenced, discussed, or offered under the Services. You do hereby acknowledge that you have a physician’s approval for your participation in an exercise/fitness activity or the use of exercise equipment and machinery. You also acknowledge that you have regular physical examination and consultation with your physician as to physical activity, exercise, and use of exercise and training equipment so that you might have his/her recommendations concerning these fitness activities and use of equipment. You acknowledge that you have either had a physical examination and been given your physician’s permission to participate, or that you have decided to participate in an activity and use of equipment, machinery, and programs designed by Letsgetfit without the approval of your physician and do hereby assume all responsibility for your participation and activities, and utilization of equipment and machinery in your activities.

LETSGETFIT DOES NOT PROVIDE PROFESSIONAL MEDICAL SERVICES OR ADVICE. THE SERVICES PROVIDED BY THE COACHES/TRAINING SPECIALISTS AND AVAILABLE ON THE WEBSITE AND/OR MOBILE APP DO NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS MEDICAL ADVICE OR OPINION. NO DOCTOR-PATIENT RELATIONSHIP IS CREATED. USE OF THE SERVICES IS NOT FOR MEDICAL EMERGENCIES. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CONSULT YOUR DOCTOR.

The diet/training programs provided by the coaches/training specialists and available on our website are not meant to treat or manage any health condition. Always consult with your healthcare provider before adjusting your current style of eating or beginning any new diet and/or training plan. You understand that you are agreeing to the terms of the Company i.e., LETSGETFIT having known that beforehand and understand that not following the instructions and structured diet programs entirely and regularly will not produce 100% results.

User representations by using the website/mobile application, you represent and warrant that:

  • All registration information you submit will be true, accurate, current, and complete. —You will maintain the accuracy of such information and promptly update such registration information as necessary.
  • You have the legal capacity and you agree to comply with these Terms and Conditions. -You are not a minor in the jurisdiction in which you reside.
  • You will not access the Website/Mobile Application through automated or non-human means, whether through a bot, script, or otherwise.
  • You will not use the Website/Mobile Application for any illegal or unauthorized purpose, and your use of the Website/Mobile Application will not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any current or future use of the Website/Mobile Application (or any portion thereof).

 

USER REGISTRATION

You may be required to register with the Website/Mobile Application. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

 

INTELLECTUAL PROPERTY RIGHTS

LETSGETFIT is a Registered Trademark. Unless otherwise indicated, the Website/Mobile Application is our proprietary property and all content, source code, databases, functionality, software, website designs, audio, video, text, images, photographs, graphics, illustrations, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles, and other materials, including nutritional information contributed to the Food Database on the Website/Mobile Application (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of India, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Website/Mobile Application “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Website/Mobile Application and no Content or Marks may be modified, copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, performed, encoded, translated, transmitted, distributed, sold, licensed, create derivative works of or otherwise exploited for any commercial purpose whatsoever in whole or in part without our express prior written permission. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded to your computer, phone, tablet, or any other mobile device, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other applications or networked computer environment is strictly prohibited unless you receive our prior written consent.

 

FEES AND PAYMENT

FEES AND PAYMENT

We accept the following forms of payment.

  • Credit Card
  • Debit Card
  • Net Banking
  • Mobile Wallets
  • UPI
  • PayPal

You may be required to purchase or pay a fee to access some of our services. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Website/Mobile Application. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We bill you through an online billing account for purchases made via the Website/Mobile Application. GST will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in Indian National Rupees. You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the website/mobile application.

 

CANCELLATION /REFUND POLICY AND CHANGE OF COACH POLICY:

All purchases made online/ offline at LETSGETFIT website are NON-REFUNDABLE. If you are not satisfied with the service of the coach then you can ask for a change of Coach in the same tier as of your purchase by logging into your account or contacting us using the contact information provided below. Your re-allocation of Coach will take effect upon due diligence by management and will only be given if there is any proven negligence of duty of the coach. Coach change may only be provided in the same tier as that of the enrolled client, at the discretion of Letsgetfit. If there is no coach available in same tier then coach of a different tier might be provided if the management deems it fit. If you are unsatisfied with our services, please email us at matterstous@letsgetfit.co.in

 

COMMUNITY STANDARDS AND CONDUCT GUIDELINES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. Your privilege to use the Services (including your ability to contribute to discussions on the Public Forum or communicate with coaches and/or other users on LETSGETFIT) depends on your compliance with the community standards and conduct guidelines. We may revoke your privileges to use all or a portion of the Services and/or take any other appropriate measures to enforce these community standards and conduct guidelines if violations are brought to our attention. Further, if you fail to adhere to our community standards and conduct guidelines, or any part of these Terms & Conditions, we may terminate, at our discretion by use of, or participation in, any Public Forum or the Services. Any violation of this section may subject you to civil and/or criminal liability.

YOU AGREE AND UNDERSTAND THAT YOU MAY BE HELD LEGALLY RESPONSIBLE FOR DAMAGES SUFFERED BY OTHER MEMBERS OR THIRD PARTIES AS THE RESULT OF YOUR REMARKS, INFORMATION, FEEDBACK, OR OTHER CONTENT POSTED OR MADE AVAILABLE ON THE SERVICES (INCLUDING ANY FORUM) THAT IS DEEMED DEFAMATORY OR OTHERWISE LEGALLY ACTIONABLE. UNDER SECTION 79 OF THE INFORMATION TECHNOLOGY AMENDMENT ACT, 2008, LETSGETFIT IS NOT LEGALLY RESPONSIBLE, NOR CAN IT BE HELD LIABLE FOR DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION TO ANY DEFAMATORY OR OTHERWISE LEGALLY ACTIONABLE REMARKS, INFORMATION, FEEDBACK, OR OTHER CONTENT POSTED OR MADE AVAILABLE ON THE SERVICES

 

PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy at www.Letsgetfit.co.in/disclaimer. By using the Website/Mobile Application, you agree to be bound by our Privacy Policy, which is incorporated into these Terms and Conditions. Please be advised the Website/Mobile Application is hosted in EU Region as per the GDPR Guidelines.

If you access the Website/Mobile Application from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in India or EU, then through your continued use of the Website/Mobile Application, you are transferring your data to India and EU, and you expressly consent to have your data transferred to and processed in India and stored in EU region.

Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. If we receive actual knowledge that anyone under the age of 18 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Website/Mobile Application as quickly as is reasonably practicable.

 

COPYRIGHT INFRINGEMENTS

We respect the intellectual property rights of others. If you believe that any material available on or through the Website/Mobile Application infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”).

A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that under Indian Copyright laws you may be held liable for damages if you make material misrepresentations in a Notification by making false copyright claims. Thus, if you are not sure that material located on or linked to by the Website/Mobile Application infringes your copyright, you should consider first contacting an attorney.

 

TERM AND TERMINATION

These Terms and Conditions shall remain in full force and effect while you use the Website/Mobile Application.

WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE/MOBILE APPLICATION (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS AND CONDITIONS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE/MOBILE APPLICATION OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, ATby, by, about, OUR SOLE DISCRETION

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

 

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Website/Mobile Application at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Website/Mobile Application. We also reserve the right to modify or discontinue all or part of the Website/Mobile Application without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Website/Mobile Application. We cannot guarantee the Website/Mobile Application will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Website/Mobile Application, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Website/Mobile Application at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Website/Mobile Application during any downtime or discontinuance of the Website/Mobile Application. Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the Website/Mobile Application or to supply any corrections, updates, or releases in connection therewith.

 

GOVERNING LAW

These Terms and Conditions and your use of the Website/Mobile Application shall be governed by and shall be construed following the laws of India. All disputes relating to this Agreement shall be settled in the courts located at Kolkata, West Bengal. Any cause of action arising out of a User’s use of Services must be commenced within 30 (thirty) days after:

  1. A) when such cause of action accrues; or
    B) such User becomes aware of the facts giving rise to the cause of action, whichever is later, else, such cause of action shall be permanently barred.

 

DISPUTE RESOLUTION

Binding Arbitration

  • If any dispute, controversy, or claim arises under this Agreement or about the Letsgetfit Platform, including any question regarding the existence, validity, or termination of this Agreement or T&Cs (hereinafter Dispute), the parties shall use all reasonable endeavors to resolve such Dispute amicably.
  • If the parties are unable to resolve the Dispute amicably within 30 days of the notice of such Dispute, endeavors elect to resolve any Dispute by binding arbitration by the provisions of the Indian Arbitration & Conciliation Act, 1996 (hereinafter Act). 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 Dispute shall be resolved by a sole arbitrator, appointed following, the Act. The seat of the arbitration shall be Kolkata and the language of this arbitration shall be English. Either You or Letsgetfit may seek any interim or preliminary relief from a court of competent jurisdiction in Kolkata necessary to protect the rights or the property belonging to You or Letsgetfit (or any of our agents, suppliers, and subcontractors, employees), pending the completion of arbitration.
  • Any arbitration shall be confidential, and neither You nor ‘Letsgetfit’ may disclose the existence, content, of, the a or results of any arbitration, except as may be required by law or for purposes of enforcing the arbitration award. All administrative fees and expenses of arbitration will be divided equally between You and Letsgetfit. In all arbitrations, each party will bear the expense of its lawyers and preparation. This paragraph shall survive termination of this Agreement.

 

RESTRICTIONS

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law,

  • No arbitration shall be joined with any other proceeding;
  • There is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and
  • There is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons

 

EXCEPTIONS TO ARBITRATION

The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration:

  • Any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party;
  • Any dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and
  • Any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

 

CORRECTIONS

There may be information on the Website/Mobile Application that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Website/Mobile Application at any time, without prior notice.

 

DISCLAIMER

THE WEBSITE/MOBILE APPLICATION IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE WEBSITE/MOBILE APPLICATION AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE/MOBILE APPLICATION AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE/MOBILE APPLICATION’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE WEBSITE/MOBILE APPLICATION AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:

  • Errors, mistakes, or inaccuracies of content and materials,
  • Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the website,
  • Any unauthorized access to or use of our secure servers and/or any personal information and/or financial information stored therein,
  • Any interruption or cessation of transmission to or from the website/mobile application,
  • Any bugs, viruses, trojan horses, or the like which may be transmitted to or through the website/mobile application by any third party, and/or
  • Any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the website/mobile application. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the website/mobile application, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services.

As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

 

LIMITATIONS OF LIABILITY

In consideration of being allowed to participate in the activities and structured diet programs offered by Letsgetfit and to use its structured diet programs and training schedule, in addition to the payment of any fee or charge, you or any third party do hereby waive, release and forever discharge and hold harmless Your Fitness Lane, its partners/directors, consultants, officers, agents, and employees from any responsibility, liability, cost, and expenses, including injuries or any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages, resulting from your participation in any activities, or your use of any structured diet programs designed by Your Fitness Lane. You do also hereby release Your Fitness Lane, its directors or partners, consultants, officers, agents, and employees from any responsibility or liability for any injury, damage, or disorder (physical, metabolic, or otherwise) to yourself, or in any way arising out of or connected with your participation in any activities with Your Fitness Lane. You understand and you are aware that strength, flexibility, and aerobic exercise, including the use of equipment are potentially hazardous activities. You also understand that fitness activities involve a risk of injury and even death and that you are voluntarily participating in these activities and using equipment and machinery with knowledge of the risk involved.

You hereby agree to expressly assume and accept any risks of injury or death related to said fitness activities. In addition, you certify that you are 18 years of age or older. You do hereby further declare yourself to be physically sound and suffering from no condition, impairment, disease, infirmity, or other illness that would affect nutrient metabolism or prevent your participation or use of equipment or machinery except as hereinafter stated.

And You also agree that if you are suffering from any ailment or any medical condition you have to inform and produce relevant documents to Letsgetfit before signing any document or agreement. You do hereby acknowledge that Letsgetfit has recommended to you to obtain a physician’s approval for your participation in an exercise/fitness activity or the use of exercise equipment and machinery. You also acknowledge that Letsgetfit has recommended that you have a yearly or more frequent physical examination and consultation with your physician as to physical activity, exercise, and use of exercise and training equipment so that you might have his/her recommendations concerning these fitness activities and use of equipment.

You acknowledge that you have either had a physical examination and been given your physician’s permission to participate, or that you have decided to participate in an activity and use of equipment, machinery, and programs designed by Letsgetfit without the approval of your physician and do hereby assume all responsibility for your participation and activities, and utilization of equipment and machinery in your activities. Letsgetfit diet/training programs are not meant to treat or manage any health condition. Always consult with your healthcare provider before adjusting your current style of eating or beginning any new diet and/or training plan.

You understand that you are agreeing to the terms of the Company that is Letsgetfit having known that beforehand and understand that not following the instructions and structured diet programs entirely and regularly given by Letsgetfit will not produce 100% result.

IN NO EVENT WILL WE OR OUR DIRECTORS/PARTNERS EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE WEBSITE/MOBILE APPLICATION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:

  • Your Contributions;
  • Use of the Website/Mobile Application
  • Breach of these Terms and Conditions;
  • Any breach of your representations and warranties outlined in these Terms and Conditions;
  • Your violation of the rights of a third party, including but not limited to intellectual property rights; or
  • Any overt harmful act toward any other user of the Website/Mobile Application with whom you connected via the Website/Mobile Application.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

 

USER DATA

We will maintain certain data that you transmit to the Website/Mobile Application to manage the performance of the Website/Mobile Application, as well as data relating to your use of the Website/Mobile Application. Although we encrypt and perform routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Website/Mobile Application. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

 

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Website/Mobile Application, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, and on the Website/Mobile Application, satisfy any legal requirement that such communication is in writing.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE WEBSITE/MOBILE APPLICATION. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY STATUTES, REGULATIONS, RULES, ORDINANCES, OR OTHER LAWS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, OR TO PAYMENTS OR THE GRANTING OF CREDITS BY ANY MEANS OTHER THAN ELECTRONIC MEANS

 

MISCELLANEOUS

These Terms and Conditions and any policies or operating rules posted by us on the Website/Mobile Application or in respect to the Website/Mobile Application constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. These Terms and Conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms and Conditions or use of the Website/Mobile Application.

You agree that these Terms and Conditions will not be construed against us by having drafted them. You hereby waive any defenses you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.