MULTIFIT TERMS & CONDITIONS

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. 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.multifit.inwebsite and Multifit application for mobile and handheld devices.

Please read the Terms and Privacy Policy carefully before using or registering on the Website or accessing any material, information or Website Services through the Platform. If you do not agree to these Terms of Use, you may not use the services on the Platform, and we request you to uninstall the App. By installing, downloading or even merely using the Platform, you shall be contracting with Multifit and you signify your acceptance to the Terms of Use and other Multifit policies (including but not limited to the Termination& Refund Policy and Privacy Policy) as posted on the Platform from time to time, which takes effect on the date on which you download, install or use the Services, and create a legally binding arrangement to abide by the same.

The Platform (defined herein) is operated and owned by Multifit Wellness Private Limited, a company incorporated under the Companies Act, 2013 and having its registered office at FL-1 S No. 213/215 PL 18 Barons Court Kalyani Nagar Pune - 411014. For the purpose of these terms of Use(“Terms of Use”), wherever the context so requires, ”you” or “Your” or “Yourself” or “Members”shall mean any natural or legal person who has agreed to become a member or customer on the Platform by registering on our website www.multifit.in (the “Website”), and our “Multifit” application for mobile and handheld devises (the “App”) as a registered user. The terms “Multifit”, “we” or “us” or “our” or “ourself”or “Company” shall mean Multifit Wellness Private Limited.The Website and the App are jointly referred to as the “Platform”.

AMENDMENTS

These Terms of Use are subject to modifications at any time. We reserve the right to modify or change these Terms of Use and other Multifit policies at any time by posting changes on the Platform, and you shall be liable to update yourself of such changes, if any, by accessing the changes on the Platform. You shall, at all times, be responsible for regularly reviewing the Terms of Use and the other Multifit policies and note the changes made on the Platform. Your continued usage of the services after any change is posted constitutes your acceptance of the amended Terms of Use and other Multifit policies. As long as you comply with these Terms of Use, Multifit grants you a personal, non-exclusive, non-transferable, limited privilege to access, enter, and use the Platform. By accepting these Terms of Use, you also accept and agree to be bound by the other terms and conditions and Multifit policies (including but not limited to Refund Policy, Privacy Policy and Notice) as may be posted on the Platform from time to time.

Platform Services

You acknowledge that the Platform is a web service that allows You to avail services / buy products directly from the Multifit as well as from various vendors. Some of the services and products available on the Platform are listed below:

Purchase and avail Multifit physical and mental fitness centre memberships / classes, personal trainings and allied services (“Fitness Services”);

Purchase any transformation services or Corporate wellness services or online consultation or physical consultation, nutrition coach’s appointments or recommended nutrition supplements(“Transformation Services”);

Purchase books and original merchandise such as clothing, footwear and accessories from Multifit (“Allied Products”)

Booking appointments/sessions of Fitness Services and Transformation Services; and (ii) communicating instructions for Allied Products ("Allied Booking Services”);

Allied Products, Allied Booking Services and Other Allied Services shall be collectively referred to as “Allied Offerings”. Fitness Services, Transformation Services and Allied Offerings shall be collectively referred to as “Platform Services” and shall be provided by any third party with whom the Company has contractual arrangements (“Vendors”). The Company shall facilitate the provision of the Platform Services and independently provide Allied Offerings and provide such other services (including account creation and management, management of various products and services purchased / booked on the Platform, payment and transaction summary generation services etc.) to You by allowing You to register and access the Platform on the terms and conditions set forth below. Multifit shall also assist its accompanying entities (“Franchisee”) by providing its Platform to sell Platforms Services.

• All commercial/contractual terms are offered by and agreed to between Members and Company or its Franchisee alone. The commercial/contractual terms include without limitation price, taxes, payment methods, payment terms, date, period and services. Multifit does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Members and its Franchisee. Multifit may, however, offer support services to its Franchisee in respect to services, payment collection, call centre, and other services, pursuant to independent contracts executed by it with the Franchisee.
• The charges indicated on the Platform for the Platform Services will be as determined by the Company,Multifit Franchisee or respective Vendor, as the case may be, and is excluding taxes and other applicable charges as mentioned on the Platform. The charges and Platform Services may change at the Company’s, Franchisee or Vendors’ sole discretion and the Company, Franchisee and Vendors do not guarantee that the charges will be the lowest in the city, region or geography or if the products / services will be available for delivery / performance at all times.
• Multifit does not make any representation or warranty as to the Platform Services of any of the Franchisee. You are advised to independently verify the bona fides of any particular Franchisee that you choose to deal with on the Platform and use your best judgment in that behalf. Multifit takes no responsibility for the Services of its Franchisee or third party Vendor.
• Any booking made for a Platform Service(s) through the Platform shall be, in addition to the terms mentioned herein, subject to additional terms and conditions by the Vendor (including offers, terms of sale or use, discount and sales schemes/ campaigns offered from time to time) mentioned on Vendor’s respective website/mobile application, which You are presumed to have read and accepted at the time of placing the order/booking.
• Multifit neither make any representation or warranty as to specificsof the products or services proposed to be sold or offered to be sold or purchased on the Platform nor does implicitly or explicitly support or endorse the sale or purchase of any products or services on the Platform. Multifit accepts no liability for any errors or omissions, whether on behalf of itself, its Franchisee or third parties.
• Multifit is not responsible for any non-performance or breach of any contract entered into between member and Franchisee on the Platform. Multifit cannot and does not guarantee that the concerned member and/or Franchisee will perform any transaction concluded on the Platform. Multifit is not responsible for unsatisfactory or non-performance of services of the Franchisee.
• Multifit is providing a platform for communication as a brand and Franchisor and it is agreed that the contract for services shall be a strictly bipartite contract between the member and the respective Franchisee. In case of complaints from the members pertaining to quality of services, or any other issues, Multifit shall notify the same to Franchisee. The Franchisee shall be liable for redressing members complaints.

The Platform Services shall be additionally governed by specific terms and policies (payment terms, cancellation policy, exchange policy, return policy, etc.) which are briefly mentioned below.

Fitness Services:

1. Multifit and its Franchisee provides a number of offline and online Fitness Services, including physical fitness, booking of its facilities, sports related training activities, mindful yoga, psychotherapy and meditation related training activities, under the brand names ‘MultiFit’.

2. Multifit, its Franchisee and its business partners hereby disclaims any guarantees of exactness as to the duration, type, satisfaction from the Fitness Services provided by it. Further, Multifit, its Franchisee and its business partnersmakes no representation that Fitness Services provided by it are appropriate or safe for use; You agree that the Fitness Services offered herein, by their very nature, include certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries and/or any kind of losses. You hereby assert that Your participation is voluntary and that You knowingly assume all such risks and hence hereby release Multifit, its Franchisee or its business partnersof all liability arising out of such aforementioned risks;

3. Multifit or its Franchise shall enrol a minor (people below the age of 18 (eighteen) years) for Fitness Services unless the parent or a guardian on behalf of such minor shall have duly executed a guardian consent form, in the format, as approved by Multifit, for the minor to sign up / purchase membership(s) / sessions / book a class (including free of cost classes) or any activity (including free of cost activities). In this regard, the parent or guardian of such minor agrees to indemnify, defend and hold harmless Multifit, its Franchisee and its business partner(s) from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Multifit, its Franchisee and its business partner(s) that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these terms;

4. If Multifit or its business partner(s) run any offers or discounts subsequent to Your purchase, neither Multifit nor its business partner(s) are obliged to offer You the benefits under such subsequent offers, however Multifit or its business partner(s), as may be the case, may offer You benefits under subsequent offers at an additional fee. In addition to these terms, there are additional terms and conditions applicable on You under the specific offers, discount and sales schemes/ campaigns;

5. You agree to abide by Fair Usage Policy mentioned below:

a. In case you wishes to attend the scheduled classes (“Batches”) under Fitness Services, you have to book for Batches in advance and the seats in Batches will be done on First come First Serve basis. You shall not be allowed or provide access to Batches, if you have not booked the classes in advance with respect to your home centre or other centres subject to the Rule of Conduct of Multifit. However, Multifitor its Franchisee reserves the right to penalize you or reduce or suspend / terminate Your membership period, in case you fails to attend the Batches. Multifit shall not be responsible in any manner, if there is cancellation of any Batch due to any unavoidable circumstances.

b. Under the membership,You can cancel the classes of the batches booked by You at Multifit or its Franchisee. However, Multifitor its Franchisee reserves the right to penalize You or reduce/suspend / terminate Your membership in case of excessive / delayed / last-minute cancellations.

c. Your membership is non-transferrable, however in case of You moving to another city where Multifit provides its services, Multifit may transfer Your membership against the receipt of price difference and any applicable service fee for the same or reduce the duration of your membership period (as applicable) as per the code of conduct/house rules

d. You agree to abide by the fitness center’s Rules of conduct

6. Multifitor its Franchisee may review Your usage of the Fitness Services that violates the Rules of Conduct, and reduce or suspend or terminate Your membership at any time for any reason in Multifitor its Franchisee sole discretion with or without notice to You. If any complaint is received against a member to the effect he/she has used the Fitness Services violating Rules of Conduct, then upon receiving such complaint Multifit reserve the right to terminate the account / User’s membership in question. Multifit also reserve the right to initiate legal action against You.

7. You have agreed that your Testimonial can be used in connection with publicizing and promoting Multifit or its Franchisee. You have also authorized Multifit or its Franchisee to use your name, brief biographical information in every possible manner, as and when required, by every means of advertisement which shall include but not limited to electronic media, print media or any other form of advertisement. You further irrevocably authorize Multifit or its Franchisee to copy, exhibit, publish or distribute the Testimonial for purposes of publicizing Multifit’s or its Franchisee programs or for any other lawful purpose. These statements may be used in printed publications, multimedia presentations, on the Platform or in any other distribution media. You hereby agree that in any case, you will not claim any monetary or other benefits, directly or indirectly, against Multifit or its Franchisee for the use of the Testimonial. In addition, you waive of your right with your free consent, to inspect or approve the finished product, including written copy, wherein your likeness or your testimonial appears.You hereby hold harmless and release Multifit or its Franchisee from all claims, demands and causes of action which you, your heirs, or the legal successor’s or any other persons acting on my behalf have or may have by reason of this authorization.

Multifitor its Franchisee may, from time to time, offer event programs for different aged people and enrol them for various different purposes subject to terms and conditions for such enrolment at that time. Multifit shall also allow Junior Memberships within a age of children of 5 to 16 years, for which parent or guardian of such children shall duly sign consent terms or approve the consent terms as prescribed by Multifit or its Franchisee.

Transformation Services:

Sam Sports Nutrition and Wellness Private Limited (“Sam Nutrition”) provides transformation services or Corporate wellness services or online consultation or physical consultation, nutrition coach’s appointments or recommended nutrition supplements.

In case, you require services from Sam Nutrition, you have to separately procure the services from them.

Multifit does not make any representation or warranty as to the Transformation Services of Sam Nutrition. You are advised to independently verify the bona fides of any particular of Sam Nutrition that you choose to deal with on the Platform and use your best judgment in that behalf. Multifit takes no responsibility for the Services of Sam Nutrition.

Allied Products:

You may order Allied Products such as books and merchandise such as clothing, footwear and accessories from the Platform. You are supposed to collect the said Allied Products from your home centre. Multifit assumes no responsibility with respect to quality of products.

Booking appointments/sessions of Fitness Services and Transformation Services; and (ii) communicating instructions for Allied Products ("Allied Booking Services”);

Allied Booking Services:

You may book, cancel or reschedule appointments using the Platform, subject to permitted cancellation & rescheduling timelines and availability of a timeslot/registered Batches.

Multifit shall not be liable for any inconvenience or loss caused to You as a result of such rescheduling, cancellation and delay in performance or failure to meet its obligations except for the reasons expressly specified.

As part of the Platform Services provided to You, after availing such services, You agree to provide honest feedback/review about the concerned Platform Service, if required by the Multifit.

In case of any dissatisfaction with the Platform Services, You shall first file a formal complaint with the customer service of the Multifit, prior to pursuing any other recourse. The complaints can be lodged at member.care@multifit.co.in, and upon lodging a complaint You agree to provide complete support to the customer service team with such reasonable information as may be sought by them from You. The decision of the Multifit on the complaints shall be final and You agree to be bound by the same.

Acceptance of Terms of Use

1. You agree and acknowledges that you have read, understood and agreed all the conditions, terms and contents including every amendments on the Platform, available on Platform in Terms of Use and further agrees to be bound by these Terms of Use available at Multifit website and mobile app.

2. You agree and acknowledge that neither us nor any of the Franchisee shall be liable in the event of you failing to adhere to the Terms of Use. Multifit retains an unconditional right to amend this Terms of Use without any requirement to notify You of the same. You shall be responsible to check this Terms of Use periodically for changes. Your continued use of the Platform following the posting of changes to this Terms of Use on the Platform, will constitute Your consent and acceptance of those changes.

3. Each purchase on the Service shall contain necessary instructions to redeem the Services. The terms of the Services shall be governed by these Terms of Use and any other terms as set out in such document confirm such sale of Service. You shall not be entitled to receive any credit, refund or cash back for the value of the Service sold, if you fail to redeem the Service within the expiry date or in accordance with the terms therein.

4. You might be required to provide your credit or debit card details to the approved payment gateways while making the payment. In this regard, you agree to provide correct and accurate credit/ debit card details to the approved payment gateways for availing the Services. 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. We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of your credit/ debit card.

General terms of Eligibility

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 Platform. Only individuals who are 18 years of age or older may use the Platform and avail Services. If you are under 18 years of age and you wish to download, install, access or use the Platform, your parents or legal guardian must acknowledge and agree to the Terms of Use and Privacy Policy in the prescribed format. Should your parents or legal guardian fail to agree or acknowledge the Terms of Use and Multifit policies, you shall immediately discontinue its use. Multifit or its Franchisee reserves the right to terminate your Membership and / or deny access to the platform if it is brought Multifit’s or its Franchisee’s notice that you are under the age of 18 years.

Multifit at all time reserves the right to refuse access to the Platform or Platform Services to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.

You may have one Multifit Account and not permitted to create multiple accounts. If found, you having multiple accounts, Multifit reserves right to suspend such multiple account without being liable for any compensation. Additionally, You will not use the Platform in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.

Account Registration or use of the Platform

You may access the Platform by registering to create an account (“MultifitAccount”) and become a member (“ Membership”); or (c) you can also register to join by logging into your account with certain third party social networking sites (“ SNS”) (including, but not limited to, Facebook); each such account, a “ Third Party Account”, via our Platform, as described below. The Membership is limited for the purpose and are subject to the terms, and strictly not transferable. As part of the functionality of the Platform services, you may link your Multifit Account with Third Party Accounts, by either:

a. providing your Third Party Account login information to us through the Platform; or

b. allowing us to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account.

You represent that you are entitled to disclose your Third Party Account login information to us and/or grant us access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third party service providers.

By granting us access to any Third Party Accounts, you understand that we will access, make available and store (if applicable) any content or information that you have provided to and stored in your Third Party Account (“SNS Content”) so that it is available on and through the Platform via your Multifit Account.

Unless otherwise specified in these Terms of Use, all SNS Content, if any, will be considered to be your content for all purposes of these Terms of Use.

Depending on the Third Party Accounts, you choose, and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your Multifit Account on the Platform.

Please note that if a Third Party Account or associated service becomes unavailable or our access to such Third Party Account is terminated by the third party service provider, then SNS Content will no longer be available on and through the Platform.

We will create your Multifit Account for your use of the Platform services based upon the personal information provided by you to us or that we obtain via an SNS, as described above. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.

We reserve the right to suspend or terminate your Multifit Account and your access to the Services (i) if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete; (ii) if it is believed that your actions may cause legal liability for you, other users or for us; and/or (iii) if you are found to be non- compliant with the Terms of Use.

You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Multifit Account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your Multifit Account.

Goods and services purchased from the Platform are intended for your personal use and you represent that the same are not for resale or you are not acting as an agent for other parties.

Use of another User’s Account information for availing the Platform Services is expressly prohibited.

Bookings and Financial Terms

All payments in respect of the Platform Services shall be made to Multifit through the Platform. All payments made against the purchases/services on the Platform by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. The Platform will not facilitate transactions with respect to any other form of currency with respect to the purchases made on Platform. You can pay by (i) credit card or debit card or net banking; (ii) any other RBI approved payment method at the time of booking an order; or (iii) credit or debit card or cash at the time of delivery. You understand, accept and agree that the payment facility provided by Multifit is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment on delivery, collection and remittance facility for the transactions on the Platform using the existing authorized banking infrastructure and credit card payment gateway networks. Further, by providing payment facility, Multifit is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price.

You agree to pay us for the total amount for the services chosen by you on the Platform. We will collect the total amount in accordance with the terms and conditions of these Terms of Use and the pricing terms set forth in the applicable price list for Multifit or its Franchisee. Please note that we cannot control any amount that may be charged to you by your bank related to our collection of the total amount, and we disclaim all liability in this regard.

By providing the Payment Details, You represent, warrant, and covenant that: (1) You are legally authorized to provide such Payment Details; (2) You are legally authorized to perform payments using such Payment Details; and (3) such action does not violate the terms and conditions applicable to Your use of such Payment Details or applicable law. Multifit shall use the Payment Details as described in the Company’s Privacy Policy. You may add, delete, and edit the Payment Details, You have provided from time to time through the Platform.

The payment receipt/final tax invoice for completion of a transaction shall be provided by the respective Vendors and the transaction summary shall be provided by Multifit, the payment receipt and transaction summary shall be made available on the Platform and also sent to your registered email address.

Except to the extent otherwise required by applicable law, Multifit shall not be liable for any payments authorized through the Platform using Your Payment Details. Particularly, Multifit shall not be liable for any payments that do not complete because: (1) Your payment card or bank account or third party wallet does not contain sufficient funds to complete the transaction or the transaction exceeds the credit limit in respect of the Payment Details provided; (2) You have not provided the Company with correct Payment Details; (3) Your payment card has expired; or (4) circumstances beyond the Multifit’s control (such as, but not limited to, power outages, interruptions of cellular service, or any other interferences from an outside force) prevent the execution of the transaction.

Refund Policy

• Any memberships purchased by You are non-refundable, non-exchangable, non-saleable and non-transferrable from Multifit owned centres or its Franchisee.
• Multifit shall have the right to cease/terminate relationship with You unilaterally without any reason, and applicable amount or cash back (if any) shall be refunded to You subsequently. However, in case of breach of any Terms of Uses or defaulting in compliance of Rules of Conduct, members shall not be refunded any amount from Multifit or its Franchisee and can be penalised. Multifit or its Franchisee can initiate legal action against You.
• With regards to payments, we shall not be responsible for any unauthorised transactions conducted on our Platform using Your payment card or internet banking. We shall not be obligated to refund any money to You in such instances.

Use of Platform

Subject to compliance with the Terms of Use, the Company grants You a non-exclusive, limited privilege to access and use this Platform and the Platform Services. You agree to use the Platform Services, Platform and the materials provided therein only: (a) for purposes that are permitted by the Terms of Use; (b) for purposes for which the Platform Services are meant to be used; and (b) in accordance with any applicable law, regulation or generally accepted practices or guidelines. You agree not to engage in activities that may adversely affect the use of the Platform by Multifit/other Users.

If you choose to use the Platform, it shall be your responsibility to treat your user identification code, password and any other piece of information that we may provide, as part of our security procedures, as confidential and not disclose the same to any person or entity other than us. We shall at times and at our sole discretion reserve the right to disable any user identification code or password if you have failed to comply with any of the provisions of these Terms of Use.

You understand and agree that the use of the Services does not include the provision of a computer or mobile device or other necessary equipment to access it. You also understand and acknowledge that the use of the Platform requires internet connectivity and telecommunication links. You shall bear the costs incurred to access and use the Platform and avail the Services, and we shall not, under any circumstances whatsoever, be responsible or liable for such costs.

By using the Platform you represent and warrant that:

• All registration information you submit is truthful, lawful and accurate and that you agree to maintain the accuracy of such information.
• You will not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Platform or any connected network, or otherwise interfere with any person use or enjoyment of the Platform. You agree not to access (or attempt to access) the Platform and the materials or Platform Services by any means other than through the interface that is provided by the Multifit. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform.
• You acknowledge and agree that by accessing or using the Platform, You may be exposed to content from others that You may consider offensive, indecent or otherwise objectionable. Multifit disclaims all liabilities arising in relation to such offensive content on the Platform.
• Your use of the Platform shall be solely for your personal use and you shall not authorize others to use your account, including your profile or email address and that you are solely responsible for all content published or displayed through your account, including any email messages, and your interactions with other users and you shall abide by all applicable local, state, national and foreign laws, treaties and regulations, including those related to data privacy, international communications and the transmission of technical or personal data.
• You will not submit, post, upload, distribute, or otherwise make available or transmit any content that: (a) is defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking or constitute an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; (d) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them.
• You will not (a) use any services provided by the Platform for commercial purposes of any kind, or (b) advertise or sell any products, services or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind. In the event you want to advertise your product or service contact contact@multifit.co.in.
• You will not use another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph or impersonate any person or entity or misrepresent your identity or affiliation with any person or entity.
• You will not engage in any form of antisocial, disrupting, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet.
• You will not delete or modify any content of the Platform, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.
• You will not post or contribute any information or data that may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political or contrary to our interest.
• You will not violate the Terms of Use contained herein or elsewhere; and
• You will not reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platform.
• You shall not access the Platform without authority or use the Platform in a manner that damages, interferes or disrupts:

  a. any part of the Platform or the Platform software; or

  b. any equipment or any network on which the Platform is stored or any equipment of any third party

You release and fully indemnify Multifit and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Platform and specifically waive any claims that you may have in this behalf under any applicable laws of India. Notwithstanding its reasonable efforts in that behalf, Multifit cannot take responsibility or control the information provided by other Users which is made available on the Platform. You may find other User’s information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Platform.Collect or store data about other Users in connection with the prohibited conduct and activities set forth in this Section.

Intellectual Property Rights

The Platform and the processes, and their selection and arrangement, including but not limited to, all text, videos, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (and any combinations thereof) (collectively, the “Content”) on the Platform is owned and controlled by the Multifit and / or its licensors (if any) and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.

The trademarks, logos and service marks displayed on the Platform (“Marks”) are the property of the Mulitifit and / or Vendor and / or other respective third parties, as the case may be. You are not permitted to use the Marks without the prior consent of the Multifit, or the Vendors, or the third party that may own the Marks.

Disclaimer

• The platform may be under constant upgrades, and some functions and features may not be fully operational.
• Due to the vagaries that can occur in the electronic distribution of information and due to the limitations inherent in providing information obtained from multiple sources, there may be delays, omissions, or inaccuracies in the content provided on the platform or delay or errors in functionality of the platform. As a result, we do not represent that the information posted is correct in every case.
• We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of credit/ debit cards or by any other payment modes.
• You acknowledge that third party services are available on the Platform. We may have formed partnerships or alliances with some of these third parties from time to time in order to facilitate the provision of certain services to you. However, you acknowledge and agree that at no time we are making any representation or warranty regarding any third party’s services nor will we be liable to you or any third party for any consequences or claims arising from or in connection with such third party including, and not limited to, any liability or responsibility for, death, injury or impairment experienced by you or any third party. You hereby disclaim and waive any rights and claims you may have against us with respect to third party’s services.
• While the materials provided on the platform were prepared to provide accurate information regarding the subject discussed, the information contained in these materials is being made available with the understanding that we make no guarantees, representations or warranties whatsoever, whether expressed or implied, with respect to professional qualifications, expertise, quality of work or other information herein. Further, we do not, in any way, endorse any Service offered or described herein. In no event shall we be liable to you or any third party for any decision made or action taken in reliance on such information.
• The information provided hereunder is provided “as is”. We and / or our employees make no warranty or representation regarding the Content, sequence, accuracy, effectiveness or completeness of any information or data furnished hereunder or that the information or data provided hereunder may be relied upon. Multiple responses may usually be made available from different sources and it is left to the judgement of users based on their specific circumstances to use, adapt, modify or alter suggestions or use them in conjunction with any other sources they may have, thereby absolving us as well as our consultants, business associates, affiliates, business partners and employees from any kind of professional liability.
• We shall not be liable to you or anyone else for any losses or injury arising out of or relating to the information provided on the platform. In no event will we or our Franchisee or our employees, affiliates, authors or agents be liable to you or any third party for any decision made or action taken by your reliance on the content contained herein.
• In no event will we be liable for any damages (including, without limitation, direct, indirect, incidental, special, consequential or exemplary damages, damages arising from personal injury/wrongful death, and damages resulting from lost profits, lost data or business interruption), resulting from any services provided by any third party or merchant accessed through the platform, whether based on warranty, contract, tort, or any other legal theory and whether or not we are advised of the possibility of such damages.

Indemnification and Limitation of Liability

• You agree to indemnify, defend and hold harmless the Multifit or its Franchisee or any of its affiliates including but not limited to its officers, directors, consultants, agents, employees and Vendors on the Platform (“Indemnitees”) from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Indemnitees that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms of Use. Further, You agree to hold the Indemnitees harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Platform or Platform Services, any misrepresentation with respect to the data or information provided by You, Your violation of the Terms of Use, or Your violation of any rights of another, including any intellectual property rights.
• In no event shall the Indemnitees be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, arising out of or in connection with Your use of or access to the Platform, Platform Services or Content on the Platform. The limitations and exclusions in this Section apply to the maximum extent permitted by applicable laws.

Violation of the Terms of Use

You agree that any violation by You of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to the Multifit and/or its Franchisee and/or Vendors, as the case may be, for which monetary damages would be inadequate, and You consent to the Company and/or Vendors obtaining any injunctive or equitable relief that they deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that the Multifit and/or its Franchisee and/or Vendors obtaining may have at law or in equity. If the Company and/or Vendors takes any legal action against You as a result of Your violation of these Terms of Use, they will be entitled to recover from You, and You agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief that may be granted.

Suspension and Termination

The Terms of Use will continue to apply until terminated by either You or Multifit as set forth below. If You object to the Terms of Use or are dissatisfied with the Platform, your only recourse is to (i) close Your Account on the Platform; and/or (ii) stop accessing the Platform.

Multifit or its Franchisee may delist You or block Your future access to the Platform or suspend or terminate your Account if it believes, in its sole and absolute discretion that you have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Use or anyway otherwise acted unethically. Notwithstanding anything in this clause, these Terms of Use will survive indefinitely unless and until the Company chooses to terminate them.

If You or Multifit or its Franchisee terminate Your use of the Platform, Multifit may delete any Content or other materials relating to Your use of the Platform Services and the Company shall have no liability to You or any third party for doing so. However, your transactions details may be preserved by the Company for purposes of tax or regulatory compliance.

You shall be liable to pay for any Platform Services that you have already ordered till the time of termination by either party whatsoever.

Governing Law and Dispute Resolution

These Terms of Use are governed by the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to this Platform, shall be subject to the jurisdiction of the courts tribunals, fora, applicable authorities atPune, India.

Report Abuse and Grievance Redressal

In the event You come across any abuse or violation of these Terms of Use or if You become aware of any objectionable content on the Platform or if You wish to report a grievance regarding Platform or Platform Services, please report the same to the following e-mail id: member.care@multifit.co.in.

Communications

You hereby expressly agree to receive communications by way of SMS and/or e-mails from the Company, Vendors and other third parties relating to the Platform Services provided through the Platform. You can unsubscribe/ opt-out from receiving communications through SMS and e-mail anytime by e-mailing to member.care@multifit.co.in However, this may limit the extent of Platform Services that you can avail.

General Provisions

Notice: All notices from the Company will be served by email to Your registered email address or by general notification on the Platform. Any notice provided to the Company pursuant to the Terms of Use should be sent to member.care@multifit.co.in with subject line - Attention: TERMS OF USE.

Non- Assignment: You shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.

Severability: If any of these Terms of Use should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms of Use are intended to be effective, then to the extent and within the jurisdiction where that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms of Use shall survive, remain in full force and effect and continue to be binding and enforceable.

Waiver: Any failure by the Company to enforce or exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver by the Company of that provision or right.

IP Notice and Take Down Policy: Multifit has put in place IP Notice and Take Down Policy (“ Take Down Policy”) so that intellectual property owners could easily report listings that infringe their right to ensure that infringing products are removed from the Platform.

Only the intellectual property rights owner can report potentially infringing products or listings through Take Down Policy by way of Notice of infringement in the specified format. If you are not the intellectual property rights owner, you can still help by getting in touch with the rights owner and encouraging them to contact us at member.care@multifit.co.in. You are required to provide the following details in Your notice:

• the intellectual property that You believe is being infringed;
• the item that You think is infringing and include sufficient information about where the material is located on the Platform;
• a statement that You believe in good faith that the item You have identified as infringing is not authorized by the intellectual property owner, its agent, or the law to be used in connection with the Platform;
• Your contact details, such as Your address, telephone number, and/or email;
• a statement that the information You provided in Your notice is accurate, and that You are the intellectual property owner or an agent authorized to act on behalf of the intellectual property owner whose intellectual property is being infringed; and
• Your physical or electronic signature.