TERMS & CONDITIONS

Last updated 01-07-2024

Welcome to The Fit Clan (the “Platform”), an e-commerce platform. The Fit Clan’s registered office is located at Andheri West, Mumbai, Maharashtra, 400058.

This document is an electronic record in terms of Information Technology Act, 2000 and published in accordance with the provisions of Rule 4 of the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 that require publishing the Rules and Regulations, Privacy Policy and Terms and Conditions for access or usage of Platform through Fittr Mobile Application (hereinafter referred to as “Mobile Application”) and Website – [www.fitclan.in] (hereinafter referred to as "Website") and our related Website, Application, Services, Products,Devices and content (together with the Mobile Application and Website, collectively referred to as “Services”).

AGREEMENT TO TERMS

User Agreement: These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you” or “user” or “client”) and Squats including its subsidiary Fittr Lifecare Pvt Ltd, concerning your access to and use of the Website and Fittr Mobile Application as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Website and Mobile Application”). Squats may have subsidiaries and affiliated legal entities around the world ("Subsidiaries and Affiliates"), providing the Services to you on behalf of Squats. You acknowledge and agree that Squats and its Subsidiaries including Fittr Lifecare Pvt Ltd 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.

Changes to Terms & Conditions:

Supplemental terms and conditions or documents that may be posted on the Website/Mobile Application from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Website/Mobile Application or using any of the Services after the date such revised Terms and Conditions become effective.

The information provided on the Website/Mobile Application is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Website/Mobile Application from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

Eligibility:

You must be at least 18 to enroll with a coach on the Platform. If you are below the ages of 18 (“Minor”), you may use our Services only with the supervision and consent of a parent or guardian. No individual under these age limits may use our Services, provide any Personal Data to Squats, or otherwise submit Personal Data through the Services (e.g., a name, address, telephone number, or email address).

As a minor if You wish to use Our Products or Services, such use shall be made available to You by Your legal guardian or parents, who has agreed to these Terms. In the event a minor utilizes the Application/Website/Services, it is assumed that he/she has obtained the consent of the legal guardian or parents and such use is made available by the legal guardian or parents. The Company will not be responsible for any consequence that arises as a result of misuse of any kind of Our Website or any of Our Products or Services that may occur by virtue of any person including a minor registering for the Services/Products provided. By using the Products or Services You warrant that all the data provided by You is accurate and complete and that the Minor using the Website has obtained the consent of parent/legal guardian (in case of minors). The Company reserves the right to terminate Your account and / or refuse to provide You with access to the Products or Services if it is discovered that You are under the age of 18 (eighteen) years and the consent to use the Products or Services is not made by Your parent/legal guardian or any information provided by You is inaccurate. You acknowledge that the Company does not have the responsibility to ensure that You conform to the aforesaid eligibility criteria. It shall be Your sole responsibility to ensure that You meet the required qualification. Any persons under the age of 18 (eighteen) should seek the consent of their parents/legal guardians before providing any Information about themselves or their parents and other family members on the Website.

OUR SERVICES

Our Services allow you to purchase various Products and services from us. An illustrative list of such Products and services is listed below. We reserve the right to amend, discontinue, withdraw, or cease our service offerings at any time.

a) Strength and Conditioning Coaching: a session/subscription based offering which allows users to access existing media and content relating to strength and conditioning, and book real-time sessions relating to strength and conditioning.

b) Nutrition and Fitness Coaching: a session/subscription based offering which allows users to access existing media and content relating to nutrition and fitness.

HEALTH DISCLAIMER

In consideration of being allowed to participate in the Strength and Conditioning, Nutrition and Fitness offered by The Fit Clan and to use its Strength and Conditioning, Nutrition and Fitness, in addition to the payment of any fee or charge, you do hereby waive, release and forever discharge and hold harmless The Fit Clan’s and its coaches, consultants, officers, agents, and employees from any and all responsibility, liability, cost and expenses, including injuries or damages, resulting from your participation in any activities, or your use of any Strength and Conditioning, Nutrition and Fitness. You do also hereby release The Fit Clan’s, 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 The Fit Clan’s.

You understand and you are aware that strength, flexibility, and aerobic exercise, including the use of equipment are a potentially hazardous activity. You also 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 and all 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.

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 The Fit Clan before beginning any fat loss effort regimen, physical activities or any other plans that may be referenced, discussed or offered under the Services. You do hereby acknowledge that The Fit Clan has recommended to you to obtain a physician’s approval for your participation in an exercise/fitness activity or in the use of exercise equipment and machinery. You also acknowledge that Squats 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 activity and use of equipment, machinery, and programs designed by The Fit Clan 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.

THE FIT CLAN 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.

YOUR USE OF THE SERVICES DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND ANY OF THE FITTR PARTIES (INCLUDING, WITHOUT LIMITATION, COACHES) OR ANY OF FITTR SERVICE USERS).

The Nutrition/Training Plans provided by the coaches/training specialists and available on The Fit Clan are not meant to treat or manage any health condition. Always consult with your healthcare provider prior to adjusting your current style of eating or beginning any new Nutrition and/or training plan. You understand that you are agreeing to the terms of the Company i.e The Fit Clan having known that beforehand and understand that not following the instructions and structured Nutrition Plans 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 and all 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.

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.

We use advanced encryption technology, consistent with industry practice, to protect your payment information. All payments on the Platform are processed through secure and trusted payment gateways, managed by leading banks or service providers. We understand that banks use the 3D secure password service for online transactions, adding another security layer.

Any accepted refunds/chargebacks will be routed back to the payer using the same mechanism by which payment was made. For example, an accepted refund for a payment made through a debit card, will be routed back to the debit card holder’s bank account.

CANCELLATION

Only 6 Week, 12 Week and 24 Week Packages/Plans are refundable no later than 15 days of purchase. If you are not satisfied with our services then you can ask for a coach change in the same tier as of your purchase or a refund by raising a ticket to cancel your package subscription at any time by logging into your account or contacting us using the contact information provided below. Your cancellation will take effect immediately upon approval.

Coach change may only be provided in the same tier as that of the enrolled coach, at the discretion of The Fit Clan.

In case of cancellation of a package:

For all 12 Week Fat Loss Program and 24 Week Extended Fat Loss Program ₹ 500 / US $8 will be deducted.

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.

As a user of the Services, you agree not to:

Systematically retrieve data or other content from the Website/Mobile Application to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Make any unauthorized use of the Website/Mobile Application, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
Use a buying agent or purchasing agent to make purchases on the Website/Mobile Application.
Use the Website/Mobile Application to advertise or offer to sell goods and services.
Circumvent, disable, or otherwise interfere with security-related features of the Website/Mobile Application, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Website/Mobile Application and/or the Content contained therein.
Engage in unauthorized framing of or linking to the Website/Mobile Application.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Make improper use of our support services or submit false reports of abuse or misconduct.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Interfere with, disrupt, or create an undue burden on the Website/Mobile Application or the networks or services connected to the Website/Mobile Application.
Attempt to impersonate another user or person or use the username of another user.
Sell or otherwise transfer your profile.
Use any information obtained from the Website/Mobile Application in order to harass, abuse, or harm another person.
“Stalk” or otherwise harass another user or employee of the Services.
Access or attempt to access another user’s account without his or her consent.
Use the Website/Mobile Application as part of any effort to compete with us or otherwise use the Website/Mobile Application and/or the Content for any revenue-generating endeavor or commercial enterprise.
Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website/Mobile Application.
Attempt to bypass any measures of the Website/Mobile Application designed to prevent or restrict access to the Website/Mobile Application, or any portion of the Website/Mobile Application.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Website/Mobile Application to you.
Delete the copyright or other proprietary rights notice from any Content.
Copy or adapt the Website/Mobile Application software, including but not limited to Flash, PHP, HTML, JavaScript, Angular or any other code.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Website/Mobile Application or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Website/Mobile Application.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Website/Mobile Application, or using or launching any unauthorized script or other software.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Website/Mobile Application.
Use the Website/Mobile Application in a manner inconsistent with any applicable laws or regulations.

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 The Fit Clan) depends on your compliance with the community standards and conduct guidelines set forth above. 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, in our sole discretion, your 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, The Fit Clan 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.

ANTI HARASSMENT POLICY

We do not tolerate harassment on The Fit Clan. We want people to feel safe to engage and connect with their community. Our harassment policy applies to both public and private individuals because we want to prevent unwanted or malicious contact on the platform. Context and intent matter, and we allow people to share posts if it is clear that something was shared in order to condemn or draw attention to harassment. In addition to reporting such behavior and content, we encourage people to use tools available on Fittr to help protect against it. Anyone found in violation of this Harassment Policy will be banned immediately from The Fit Clan community and the users' The Fit Clan Account will be terminated.

Do not:

Repeatedly contact a single person despite that person's clear desire and action to prevent that contact.
Repeatedly contact large numbers of people with no prior solicitation.
Make Posts, Comments or Send messages that contain:
a. Cursing aimed at an individual or group of individuals in
> the thread.
b. Calls for death, serious disease or disability, or physical harm
> aimed at an individual or group of individuals in the thread.
c. trolling and bullying, or is intended to harass, harm, hurt,
> scare, distress, embarrass or upset people.
d. Claims that a victim of a violent tragedy is lying about being a
> victim, acting/pretending to be a victim of a verified event, > or otherwise is paid or employed to mislead people about their > role in the event when sent directly to a survivor and/or > immediate family member of a survivor or victim.
Send messages to a group that contain trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people, regardless of whether the person being targeted is a public or private individual.
Target anyone maliciously, including public figures, by
Attacking them based on their status as a victim of sexual assault or sexual exploitation.
a. Threatening any participant in public discourse with violence in
> an attempt to intimidate or silence them.
b. Calling for self-injury or suicide of a specific person, or
> group of people.
Target victims or survivors of violent tragedies by name or by image, with claims that they are
Lying about being a victim of an event.
a. Acting/pretending to be a victim of an event.
b. Otherwise paid or employed to mislead people about their role in
> the event.
Target a minor with:
a. Claims about sexual activity or sexually transmitted disease(s).
b. Content has been photoshopped to include threats of violence
> either in text or image (for example, adding bullseye, dart, > gun to head).
c. Calls for death or serious disease or disability.
d. Statements of intent to commit violence or low severity harm in
> an attempt to silence someone.
Objects created to attack through:
i. Cursing at an individual or individuals.
ii. Degrading physical description.
iii. Claims about blasphemy.
iv. Expressions of contempt.
v. Expressions of disgust.

USER GENERATED CONTRIBUTIONS

Definition: “Public Forum” is any area, site or feature offered as part of the Services including, but not limited to postchat, blog, groups, emails or instant messaging features that enables you (a) to upload, submit, post, display, perform, distribute and/or view User Content, and/or (b) to communicate, share, or exchange User Content with other members. Except as otherwise provided in our Privacy Policy all Public Forum communications are public and not private communications. You are, and shall remain, solely responsible for the User Content that you upload, submit, post, transmit, communicate, share or exchange by means of any Public Forum and for the consequences of submitting or posting the same.

The Website/Mobile Application may invite you to chat, contribute to, or participate in online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Website/Mobile Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Website/Mobile Application and through third-party Websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Website/Mobile Application, and other users of the Website/Mobile Application to use your Contributions in any manner contemplated by the Website/Mobile Application and these Terms and Conditions.
You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Website/Mobile Application and these Terms and Conditions.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
Your Contributions do not violate any Central or State law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms and Conditions, or any applicable law or regulation.

Any use of the Website/Mobile Application in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the Website/Mobile Application.

GUIDELINES FOR REVIEWS

We may provide you areas on the Website/Mobile Application to leave reviews or ratings. When posting a review, you must comply with the following criteria:

you should have firsthand experience with the person/entity being reviewed;
your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language;
your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
your reviews should not contain references to illegal activity;
you should not be affiliated with competitors if posting negative reviews;
you should not make any conclusions as to the legality of conduct;
you may not post any false or misleading statements; and
you may not organize a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews at our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

Privacy & Safety

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