Privacy Policy

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 Let’s Get Fit 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 Let’s Get Fit 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 Let’s Get Fit (or any of our agents, suppliers, and subcontractors, employees), pending the completion of arbitration.
  • Any arbitration shall be confidential, and neither You nor ‘Let’s Get Fit’ 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 Let’s Get Fit. 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.