Last Updated 1st April 2018
Welcome to Growfitter!
THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT REQUIRE YOU TO ARBITRATE ALL DISPUTES YOU HAVE WITH GROWFITTER ON AN INDIVIDUAL BASIS. PLEASE SEE SECTION 18 FOR MORE INFORMATION ABOUT THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. YOU EXPRESSLY AGREE THAT DISPUTES BETWEEN YOU AND GROWFITTER WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
a) Acceptance of Terms. By accessing and/or using the Site and/or Classes, or clicking any button to indicate your consent, you accept and agree to be bound by these Terms, just as if you had agreed to these Terms in writing. If you do not agree to these Terms, do not use the Site or any Membership or any Service.
b) Amendment of Terms. Growfitter may amend the Terms from time to time. Unless we provide a delayed effective date, all amendments will be effective upon posting of such updated Terms. Your continued access to or use of the Site or Classes after such posting constitutes your consent to be bound by the Terms, as amended.
c) Additional Terms. In addition to these Terms, certain plans, offers, products, services, elements or features may also be subject to additional terms, conditions, guidelines or rules which may be posted, communicated or modified by us or applicable third parties at any time. Your use of any such plan, offer, product, service, element or feature is subject to those additional terms and conditions, which are hereby incorporated by reference into the Terms, provided that in the event of any conflict between such additional terms and the Terms, the Terms shall control.
2. Growfitter Platform
a) Growfitter Platform. The Growfitter platform enables consumers to reserve, schedule, purchase, access and attend a wide range of fitness, recreational and wellness Classes offered and operated by fitness studios, gyms, trainers, venues or other third parties (collectively, “Venues”). Growfitter itself is not a gymnasium, place of amusement or recreation, health club, facility, fitness studio or similar establishment and does not own, operate or control any of the Classes that are offered at or through such facilities.
b) Membership Options. There are a number of ways to participate in Classes through Growfitter, such as various Subscription/Membership plans, promotional plans, corporate plans and non-Subscription/Membership purchases. These options consist of different classes, services and features and may be subject to additional and differing conditions, prices, policies and limitations. We reserve the right to modify, terminate or otherwise amend our offered options and plans at any time in our discretion. From time to time we may permit non-subscribers to access certain Classes, content or features for a cost or at no cost. Growfitter makes no commitment on the quantity, availability, type or frequency at which such Classes, content and features will be available to non-subscribers and may modify, discontinue, remove or suspend access at any time and for any reason in our sole discretion.
c) Subscription/Membership Plans. To enjoy full access to the Site and Classes, you need to sign up for a Subscription/Membership. A Subscription/Membership starts on the date that you sign up for a Subscription/Membership and submit payment via a valid Payment Method (defined below) or reactivate a pre-existing Subscription/Membership. Unless we otherwise communicate a different time period to you at the time of sign up or otherwise (such as a multi-month commitment plan), each billing cycle is One Month in length (a “Subscription/Membership Cycle”). Your Growfitter Subscription/Membership automatically renews each month or selected tenure, and we will automatically bill the monthly Subscription/Membership fee to your Payment Method each month or selected tenure until your Subscription/Membership is cancelled or terminated. For example, if you purchase your Growfitter Subscription/Membership on April 5, your Subscription/Membership will automatically renew on May 5 (as further explained in “Subscription/Membership Cycles”, below). You must provide us with a current, valid, accepted method of payment (“Payment Method”). We may update the accepted methods from time to time. If you add a Subscription/Membership to your base Subscription/Membership or if you upgrade or downgrade to a different Subscription/Membership, all such Subscription/Memberships will be governed by these Terms and will continue indefinitely until cancelled or terminated.
d) Use of Cashback/FITKIT Coins. Depending on the Subscription/Membership plan you choose and purchase, you will be allotted credits only on completing the goal as per the offer or promotion to be used solely to book Classes each Subscription/Membership Cycle. You can choose how you use your Cashback/FITKIT Coins only at the respective venues where you have enrolled for Cashback
Cashback/FITKIT Coins have no cash value or any other value outside of the Growfitter platform and are not redeemable for cash. For the avoidance of doubt, the Cashback/FITKIT Coins do not operate or serve as stored value facilities in any way. You may not transfer, trade, gift or otherwise exchange Cashback/FITKIT Coins. The validity of FITKIT Coins/Cashback is of 180 Days.
While using the FITKIT Coins/Cashback for availing any Growfitter Service; you have to pay Government Taxes as on actuals for redemption
Government Policy for the Growfitter FITKIT Wallet – Cashback
- Growfitter FITKIT Wallet is the closed system PPI.
- Closed system PPI is defined under the said direction as follows: These PPIs are issued by an entity for facilitating the purchase of goods and services from that entity only and do not permit cash withdrawal. As this instrument cannot be used for payments or settlement for third-party services, the issuance and operation of such an instrument are not classified as payment systems requiring approval/authorization by the RBI.
- FITKIT Wallet is the instrument to park money in your Growfitter FITKIT Account as a cashback balance and can be used only for purchase on Growfitter.com.
- Balance in Growfitter FITKIT wallet doesn't bear any interest.
- This cashback amount is expired within six months after the cashback is credited in the Growfitter FITKIT Wallet.
- The Cashback balance is non-transferable.
- No other discount coupon or offer of Growfitter can be clubbed in a purchase where Cashback amount is sought to be used.
- These terms can be amended, modified or withdrawn by Growfitter at any time without notice.
- Definition of Growfitter FITKIT Cashback Program: Cashback in Growfitter FITKIT wallet is a points/reward/incentive which a customer gets if they work out for minimum number of days agreed during the enrolment with proper Check in & Check Out as per the offer Terms & Condition in a respective fitness centre.
- Growfitter.com will not provide any actual cashback or hard cash or a bank transfer to any of the members. It will be a cashback only in Growfitter FITKIT wallet.
- For guidelines of the Wallets kindly visit on RBI website.
e) Class Availability and Allocation. The exact number and type of classes you take during any Subscription/Membership Cycle will depend on the package type, needed to book the particular Classes you select. The number of credits needed to book a particular Class will vary and is determined based on a variety of factors, including but not limited to Venue requirements, time of day, equipment, facilities, the number of times you’ve visited a studio in the cycle, location, pricing, popularity and other characteristics. Furthermore, a Venue may require more credits for a certain Class under certain circumstances, such as when the Venue makes only a small number of spots available to Growfitter or after multiple visits in a cycle. Accordingly, if Growfitter permits you to reserve classes in a city that differs from your home location, your Subscription/Membership may enable you to reserve more or fewer classes when you are travelling from your home location.
Growfitter does not guarantee the availability of particular Venues, locations, Classes, services, experiences, content, inventory, spots or other features, and availability may change over time and at any time (including during the course of any given Subscription/Membership Cycle). The type, quantity, credits, allocation and availability of Venues, classes, and other inventory offered, are determined by Growfitter in its sole discretion. Growfitter takes certain steps to release, promote and otherwise make available spots and inventory at varying times and in an ongoing and evolving way.
f) Non-Subscription/Membership Purchases. Growfitter may permit you to purchase certain products or service through the Site, in addition to your Subscription/Membership or without having a Subscription/Membership. You acknowledge and agree that these Terms apply to any such purchase you make, and you will be responsible to pay the applicable fees, which may change at any time.
g) Growfitter Account. Your Growfitter account is personal to you and you agree not to create more than one account. You cannot transfer or gift Classes or credits to third parties or allow third parties to use your Growfitter account, including other Growfitter users. You must not use or exploit the Site and/or Classes for commercial purposes. We continually update and test various aspects of the Growfitter platform. We reserve the right to, and by using the Site and/or Classes you agree that we may, include you in or exclude you from these tests without notice. You understand and agree that Growfitter may take actions we deem reasonably necessary to prevent fraud and abuse
You agree that the information you provide to Growfitter at sign up and at all other times will be true, accurate, current, and complete and that you will keep this information accurate and up-to-date at all times. When you sign up, you will be asked to create a password. You are solely responsible for all activity that occurs under your account, including any activity by unauthorized users. To use the Site you must have access to the Internet and may be required to download a Growfitter mobile application to use some or all of Growfitter features. You are solely responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Site and Classes.
h) FITKIT By Growfitter App. It’s a Post Purchase app can be used by the Members of the Venues who enrolled for Growfitter Cashback or Reward Program. App can be also used by the Corporate Employees who enrolled through the Corporate Wellness Program or Promotional Programs for FITKIT.
For Cashback or Reward Program; you have to Scan QR Code through FITKIT App for Check In- Check Out. Minimum Check Out time is 30 mins and a maximum Check Out time is 120 mins.
i) Rewards/Cashback: On regular Classes and Sessions, members are eligible for Rewards and Cashback provided they have opted for the same through partnered Corporate Companies and Partnered Venues. Cashback Program and Reward Program is different for respective venues and corporates. Each Cashback or Reward Program has a set of Terms and Conditions which are mentioned during the member's registration through Online Links, Physical Posters and Site or App Sections.
For Claiming the Cashback and Rewards, the member has to pay certain applicable fees whatever is mentioned during the time of registration.
j) Eligibility. The availability of all or part of our Site and/or Classes may be limited based on geographic, age, or other criteria as we may establish from time to time. You understand and agree we may disallow you from subscribing to Growfitter or may terminate your Subscription/Membership at any time based on these criteria. For example, you must be 18 years of age or older to use the Site and/or Classes and/or purchase a Growfitter Subscription/Membership. You further understand that the Site and/or Classes may not be available in every geography.
i) Communications. By providing your information or creating an account, you agree that Growfitter may contact you by email, direct mail, telephone or text messages at any of the addresses or phone numbers, as applicable, provided by you or on your behalf in connection with a Growfitter account, including for marketing purposes. You may opt-out of marketing emails via the provided unsubscribe link or otherwise opt-out by contacting us at any time
3. Fees, Billing, Cancellation
a) Recurring Billing. By initiating a Growfitter Subscription/Membership, you authorize us to charge you for your initial Subscription/Membership period and a recurring monthly/Quarterly/Half Yearly/Yearly Subscription/Membership fee at the then-current rate, which may change from time to time. You acknowledge that the amount billed each month may vary for reasons that may include differing amounts due to promotional offers and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges. You also authorize us to charge you any other fees you may incur in connection with your use of the Site, such as any applicable sign-up fee, taxes and cancellation or late fees, as further explained below. Note that even if you do not use the Subscription/Membership or access the Site and/or Classes, you will be responsible for Subscription/Membership fees until you cancel your Subscription/Membership, or it is otherwise terminated.
b) Subscription/Membership Cycle. When you sign up and purchase your Growfitter Subscription/Membership, your first Subscription/Membership Cycle will be billed immediately. Unless we expressly communicate otherwise, your Subscription/Membership will automatically renew each month and you will be billed on the same date each month. We reserve the right to change the timing of our billing (and if we do, we’ll make adjustments to the amounts we charge, as appropriate). In the event your paid Subscription/Membership began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your Growfitter membership or became a paying member on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your Subscription/Membership.
c) Refunds. Subscription/Membership are non-refundable unless we specifically communicate otherwise at the time of purchase. ALL MEMBERSHIP ARE NON REFUNDABLE.
d) Price Changes. We reserve the right to adjust pricing at any time. Unless we expressly communicate otherwise, any price changes to your Subscription/Membership will take effect on your next billing cycle upon notice communicated through a posting on the Growfitter website or mobile applicable or such other means as we may deem appropriate from time to time, such as email. If you do not cancel your Subscription/Membership, you will be deemed to have accepted these new fees.
e) Payment Methods. You may pay through the set of Payment options by logging onto our website or mobile app. If a payment is not successfully settled due to expiration, insufficient funds or otherwise, you nonetheless will remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method or any other payment method you have provided, as it may be updated, including in the event you attempt to create a new account, reactivate the unsettled account or sign up for a new account. This may result in a change to your payment billing dates. If we cannot charge your account, we reserve the right but are not obligated, to terminate your access to our Site or any portion thereof.
f) Cancellation of Subscription/Membership. Unless we communicate otherwise, you may terminate your Subscription/Membership at any time before your Subscription/Membership renews by going into your account settings on the Growfitter website and letting us know you would like to cancel. Unless we communicate otherwise, following any cancellation you will continue to have access to your Subscription/Membership through the end of your current prepaid Subscription/Membership Cycle unless you cancel and receive a refund in which case your access will be terminated immediately. Note that if you do terminate your Subscription/Membership, we reserve the right to charge a reactivation fee if you want to return to Growfitter in future months or to restrict your access in future months. If you cancel your Subscription/Membership or it is terminated for any reason, you will lose access to all Classes, content, credits or features available through the Subscription/Membership.
g) Other Fees. You are responsible for paying applicable fees for the services or product which shall be communicated to you for specific service or product. We reserve the right to change the policy regarding when we charge fees, to introduce additional fees (such as a sign-up fee) and to change the amount of any such fees at any time.
h) Reservation and Cancellation of Classes. As a Growfitter user, you must reserve and cancel your Classes only through the Site. It is a breach of these Terms if you reserve or cancel directly with a Venue, including through any online or mobile account you have with a Venue, independent of Growfitter. If you reserve or cancel directly with such Venue, we reserve the right to charge you the full amount that the Venue charges for such class and/or any applicable cancellation fees, and/or to suspend or terminate your Subscription/Membership.
i) Fees Charged by Venues. In addition to fees we charge, Venues may also charge for other amenity fees or addon service fee that you will be responsible for directly. For example, some Venues might charge extra to rent a yoga mat or cycling shoes. Further, Growfitter only gives you access to the class for which you signed up on the Site (and at the specified time and location). The Venue may have additional fees for use of additional classes or spaces.
j) Third-Party Fees for Using Growfitter. You are also responsible for all third-party charges and fees associated with connecting to and using the Site and/or Classes, including fees such as internet service provider fees, telephone and computer equipment charges, Government tax and any other fees necessary to access the Site and/or Classes.
a) Trials. From time to time we may offer a trial membership that includes access to the Growfitter platform during the trial period. Trials will have the duration and price communicated at the time you sign up. Unless otherwise communicated, a trial begins at the moment you book any Trial Session. Unless we expressly communicate otherwise, Trials are not transferable, may not be combined with other offers or redeemed for cash and are void where prohibited. You understand and agree that unless we expressly communicate otherwise, Trials are available only to new users that have never had a Growfitter account before and there is only one Trial permitted per member per and it is a violation of these Terms to sign up for a Trial if you have signed up for an account or trial in the past or to have more than one account or trial at the same time. Growfitter reserves the right, in its absolute discretion, to determine your eligibility for a Trial. If in our discretion we believe you are not eligible for a Trial, we reserve the right to prevent you from signing up for a Trial or to terminate your promotional Subscription/Membership. If we terminate your Trials because you have violated these Terms, you understand that you will not be eligible for a refund.
b) Gift Cards. From time to time we may make available gift cards for Growfitter membership.
c) Other Promotions. Growfitter may offer additional types of offers and promotions which will be subject to additional terms and conditions that Growfitter may provide.
5. Termination or Modification by Growfitter
You understand and agree that, at any time and without prior notice Growfitter may (1) terminate, cancel, deactivate, disable, delete and/or suspend your Subscription/Membership, your account, any orders placed, or your access to or use of the Site, your membership and/or Classes (or any portion thereof, including but not limited to your access to any or all Venues, Cashback or classes or services) and/or (2) discontinue, disable, suspend, modify or alter any aspect, feature or policy of the Site , including of your Subscription/Membership. This includes the right to terminate or modify any Subscription/Membership prior to the end of any pre-paid or committed period. Upon any termination or otherwise, we may immediately deactivate your account and all related information and/or bar any further access to your account information and the Site. Growfitter shall have no liability for, and you shall have no recourse for, any such termination or deactivation, except as set forth in the following sentence. If you are subscriber, then upon any such termination by us without cause, as your sole recourse, we will issue you a pro-rata refund of the prepaid portion of your Subscription/Membership applicable to future unused services (less any fees or costs for classes or services already used). If we determine that you have violated these Terms or otherwise engaged in an illegal or improper use of your membership, Classes and/or the Site, you will not be entitled to any refund and you agree that we will not be responsible to pay any such refund. You agree that Growfitter will not be liable to you or any third party for any termination or modification to the service regardless of the reason for such termination or modification. You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of service made by us is to cancel or terminate your Subscription/Membership. If Growfitter deletes your account for these reasons, you may not re-register for or use the Site and/or Classes under any other user name, email, payment method or profile. Growfitter may block your access to the Site to prevent re-registration.
7. Prohibited Conduct
Without limiting the prohibitions and restrictions found elsewhere throughout the Terms, you agree not to:
- No staff/representative of Gym either outsourced or contractual can avail the Growfitter Service if found such activity; Growfitter will block the account and can claim the compensation;
- The fraudulent activity or unwanted activity includes but not limited to, Scanning away from Gym, Gym Non Operation Days or Time, Public Holidays when Venues are shut, Login in Multiple Devices/Mobile Phones, Mobile Number logged in Multiple Devices, Person Scanning with Two Phones, Person Scanning with Two Phones with multiple logins, Person Scanning for His/her Friends, Family or Companion, Staff or Trainer scanning for the member etc. will lead to the cancellation or suspension of the Reward/Cashback/Promotional Offer without any justification or intimidation to the customer;
- Change device which was registered during the time of Purchase without prior notice, If you want to change the device share the IMEI number prior to the team via email to avoid suspension of the account. The will be considered on case to case basis. And in any conflict Growfitter decision remains final
- Harass, threaten, stalk, disrupt or defraud users, members or staff of Growfitter or Venues or any other person, or otherwise create or contribute to an unsafe, harassing, threatening or disruptive environment;
- Act in a deceptive or fraudulent manner by, among other things, impersonating another person or access another user’s account or signing up for more than one account;
- Share Growfitter passwords with any third party or encourage any other user to do so;
- Permit anyone to Scan or services booked under your own membership, including other members;
- Reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, use for commercial purposes or otherwise exploit any portion of the Site;
- Misrepresent the source, identity, or content of information transmitted via the Site, including deleting the copyright or other proprietary rights or notices from any portion of the Site;
- Upload material (e.g. virus) that is damaging to computer systems or data of Growfitter or users of the Site or otherwise use the Site in any manner that could damage, disable, overburden, or impair it or interfere with any other party’s use and enjoyment of the Site;
- Upload copyrighted material that is not your own or that you do not have the legal right to distribute, display, and otherwise make available to others;
- Upload or send to Site users pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libellous, or otherwise inappropriate content;
- Decompile, reverse engineer or disassemble the Site, in whole or in part, except as may be permitted by applicable law;
- Link to, mirror or frame any portion of the Site;
- Cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Site or unduly burdening or hindering the operation and/or functionality of any aspect of the Site;
- Attempt to gain unauthorized access to or impair any aspect of the Site or its related systems or networks or interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site;
- Make unsolicited offers, advertisements, proposals, or send junk mail or “spam” to users;
- Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site, any features that prevent or restrict use or copying of any content accessible through the Site, or any features that enforce limitations on the use of the Site or the content therein;
- Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site;
- Modify the Site in any manner or form, nor to use modified versions of the Site, including (without limitation) for the purpose of obtaining unauthorized access to the Site;
- Use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site;
- Use the Site for or in connection with any purpose that is unlawful or prohibited by these Terms;
- Any fraudulent activity.
Growfitter reserves the right to refuse service, terminate accounts, remove or edit content, or cancel order/purchase/offer/Cashback in its sole discretion.
8. User Submissions
b) Right to Remove or Edit User Submissions. Growfitter makes no representations that it will publish or make available on the Site any User Submissions, and reserves the right, in its sole discretion, to refuse to allow any User Submissions on the Site or to edit or remove any User Submission at any time with or without notice. Without limiting the generality of the preceding sentence, Growfitter complies with applicable law and will remove User Submissions upon receipt of a compliant takedown notice, court order or government notification. Growfitter may, but is not obligated to, monitor and edit or remove any activity or content, in whole or in part, including but not limited to content that Growfitter determines in its sole discretion to violate the standards of this Site. Growfitter takes no responsibility and assumes no liability for any User Submissions.
c) License Grant by You to Growfitter. You retain all your ownership rights in original aspects of your User Submissions. By submitting User Submissions to Growfitter, you hereby grant Growfitter and its affiliates, sublicensees, partners, designees, and assignees of the Site (collectively, the “Growfitter Licensees”) a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce (including by making mechanical reproductions), distribute, modify, adapt, translate, prepare derivative works of, publicly display, publish, publicly perform, and otherwise exploit your User Submissions and derivatives thereof in connection with the Site and Growfitter’s (and its successors’) business, for any purpose, including, without limitation, for marketing, promoting, and redistributing part or all of the Site (and derivative works thereof), in any media formats and through any media channels now known or hereafter discovered or developed.
d) User Submissions Representations and Warranties. You are solely responsible for your own User Submissions and the consequences of posting, sharing, displaying, publishing them or otherwise making them available. In connection with User Submissions, you affirm, represent, and warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize Growfitter to use all patent, trademark, copyright, or other proprietary rights in and to your User Submissions to enable inclusion and use of your User Submissions in the manner contemplated by Growfitter and these Terms, and to grant the rights and license set forth above, and (ii) your User Submissions, Growfitter’ or any Growfitter Licensee’s use of such User Submissions pursuant to these Terms, and Growfitter’ or any of Growfitter Licensee’s exercise of the license rights set forth above, do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) contain  any material that is illegal, threatening, obscene, racist, defamatory, libellous, hateful, pornographic, purposely false or otherwise injurious to third parties, promotional in nature, promotes any illegal activity or harm to groups or individuals, or consists of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, any form of “spam” or references to illegal activity, malpractice or false advertising; (c) violate any applicable law or regulation or these Terms or; (d) exploits minors; or (e) require obtaining a license from or paying fees or royalties to you or any third party for the exercise of any rights granted in these Terms, including, by way of example and not limitation, the payment of any royalties to any copyright owners, including any royalties to any agency, collection society, or other entity that administers such rights on behalf of others.
e) Inaccurate or Offensive User Submissions. You understand that when using the Site, you may be exposed to User Submissions from a variety of sources and that Growfitter does not endorse and is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable. YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST GROWFITTER WITH RESPECT THERETO.
f) Feedback. If you provide Growfitter with any comments, bug reports, feedback, or modifications proposed or suggested by you to the Site (“Feedback”), Growfitter shall have the right to use such Feedback at its discretion, including, but not limited to the incorporation of such suggested changes into the Site. You hereby grant Growfitter a perpetual, irrevocable, non-exclusive license under all rights necessary to incorporate and use your Feedback for any purpose without notice to, consent by or compensation to you or any third party.
g) Infringing or Illegal Activity. In the event of infringing or other illegal activities, we have no obligation to but reserve the right to terminate access to the Site and remove all content submitted by any persons who are found to be infringers. Any suspected illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Growfitter may have at law or in equity. Illegal or Fraudulent or Unwanted activities are mentioned above in Point Number 7, Prohibited Conduct.
h) Venues Ratings. You may be required to rate your Classes and/or other Growfitter experiences that you reserve.
9. Ownership; Proprietary Rights; Content.
a) The Growfitter website and mobile applications are owned and operated by Growfitter. The content, recordings, visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), or any music, images, video, text, services, and all other material or elements of or available through the Site provided by Growfitter (“Content”) are protected by the copyright, trade dress, patent, and trademark laws of the Growfitter, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for your User Submissions, all Content contained on the Site are the copyrighted property of Growfitter or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Growfitter or its affiliates and/or third-party licensors whether registered or unregistered and may not be used in connection with any product or service or in any manner that is likely to cause confusion as to our endorsement, affiliation or sponsorship of any person, product or service. Except as expressly authorized by Growfitter, you agree not to sell, license, distribute, copy, modify, download, record, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Content and may only access the Content for your personal, non-commercial use. In the event that Content is downloaded to your computer or mobile phone, you do not obtain any ownership interest in such Content. All rights not expressly granted in these Terms are reserved.
b) By installing, copying, or otherwise using the Site or its software, you acknowledge that you have read and understood these Terms, and agree to be bound by its terms and conditions. If you do not agree to (or cannot comply with) the terms and conditions of this Agreement, do not install, copy, or use the Site or App or Content.
c) You agree that you will not, for any reason whatsoever, reverse engineer, decompile, disassemble, or otherwise tamper with any security components, usage rules or other protection measures applicable to the Site or App or Content. You agree to abide by the rules and policies established from time to time by Growfitter. Such rules and policies will be applied generally in a non-discriminatory manner to users of the Site and software and may include, for example, required or automated updates, modifications, and/or reinstallations of the software and obtaining available patches to address security, interoperability, and/or performance issues. You agree not to make any use of the Content that would infringe the copyright therein.
d) The Site or app and any related software may enable you to obtain, listen to, view, and/or read (as the case may be) Content that may be obtained by you in digital form, and you shall do so solely for your individual, personal, non-commercial entertainment use.
e) You agree not to share your Growfitter account with anyone other than yourself nor will you allow anyone other than yourself to access or use any Content accessible on or through the site, including but not limited to sound recordings and/or musical compositions. You agree that you will not attempt to modify any software or Content obtained through the Site for any reason whatsoever, including for the purpose of disguising or changing any indications of the ownership or source of the Content. You further understand that you are not granted any commercial, sale, resale, reproduction, distribution, or promotional use rights for the Content or any rights for uses that require a synchronization or public performance license with respect to the underlying musical composition and any unauthorized reproduction or distribution of Content is expressly prohibited and may violate applicable law. You are not permitted to modify, edit or repurpose any Content.
f) You represent, warrant and agree that you are using the Site hereunder for your own personal, non-commercial entertainment use and not for redistribution or transfer of any kind. You agree (a) not to redistribute, broadcast, publicly perform or publicly display any Content, or otherwise transfer any Content obtained through the Site, (b) you will comply with all applicable laws in your use of the Content, (c) that you will remain a resident of the Locale for the duration of your use of the Site.
g) You understand and agree the Content may be owned by Growfitter or by third parties. However, in all circumstances, you understand and acknowledge that your rights with respect to Content will be limited by copyright law. All owners and providers of Content expressly reserve their rights in and to such Content and you are not permitted to infringe the rights of the copyright owner(s) of the Content, including but not limited to any sound recordings or musical compositions.
h) Growfitter and/or the owners of the Content may, from time to time, remove Content from the Site without notice.
i) The owners of Content are intended beneficiaries of this Agreement and shall have the right to enforce this Agreement against you.
j) The Site, including all software, Content, App and other information, materials and products included on or otherwise made available to you through the Service are provided “as-is” and “as available” without warranties of any kind from Growfitter or any owners of Content. To the full extent permissible by applicable law, Growfitter and all owners of Content disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Neither Growfitter nor any owner of Content warrants that the Site or any software, Content, information, materials or products included on or otherwise made available to you through the Site are free of viruses or other harmful components.
k) NEITHER GROWFITTER NOR ANY OWNER OF CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR FROM SOFTWARE, CONTENT, INFORMATION, MATERIALS OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, OR FOR ANY DAMAGES IN EXCESS OF THE AMOUNT PAID FOR THE SPECIFIC ITEM OF CONTENT GIVING RISE TO THE APPLICABLE CLAIM FOR DAMAGES.
10. Third-party Sites, Products and Services; Links.
The Site or App may include links or access to other web sites or services (“Linked Sites”) solely as a convenience to users. Growfitter does not pre-screen, monitor or endorse any such Linked Sites, or the information, material, products, or services contained on other linked sites or accessible through other Linked Sites. Furthermore, Growfitter makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through linked sites. ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, CONTENT, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK.
Sometimes promotional plans are offered in conjunction with the provision of third party products and services. We are not responsible for the products and services provided by such third parties, and use of such products and services is at your own risk.
Your correspondence or business dealings with, or participation in promotions of, third parties found on or through the Site are solely between you and such third party. YOU AGREE THAT GROWFITTER WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH THIRD PARTIES ON THE SITE.
11. Electronic Signatures and Agreements.
You acknowledge and agree that by clicking on the button labelled “CONFIRM PURCHASE,” “SUBMIT”, “DOWNLOAD”, “PLACE MY ORDER”, “I ACCEPT” , “I AGREE”, “AGREE”, “PAY NOW”, “CONFIRM”, “ORDER NOW”, “CLAIM”, “REDEEM”, ”ACTIVATE” or such similar links as may be designated by Growfitter to accept the terms and conditions of these Terms, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these Terms. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, 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 THROUGH THE SITE OR SERVICES OFFERED BY GROWFITTER. Further, 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 other than electronic means.
12. General Disclaimers; No Warranties.
CLASSES AND OTHER NON-GROWFITTER PRODUCTS AND SERVICES MADE AVAILABLE VIA THE SITE OR APP ARE PROVIDED BY THIRD PARTIES (AND THE DESCRIPTIONS OF THE FOREGOING POSTED ON THE SITE ARE PROVIDED BY SUCH THIRD PARTIES), NOT GROWFITTER. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, YOUR USE OF THE SITE AND YOUR ATTENDANCE AT, PARTICIPATION IN, PURCHASE AND/OR USE OF THE CLASSES, IS SOLELY AT YOUR OWN RISK. WE DO NOT ASSUME ANY LIABILITY OR MAKE ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ARISING OUT OF, IN CONNECTION WITH OR WITH RESPECT TO THE SITE AND/OR CLASSES.
IN NO EVENT SHALL GROWFITTER BE LIABLE FOR ANY ACT, ERROR OR OMISSION BY ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH A USER’S ATTENDANCE, USE OF OR PARTICIPATION IN A CLASS OR PRODUCT, OR THE PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY. GROWFITTER IS NOT AN AGENT OF ANY THIRD-PARTY.
ALL ASPECTS OF OR CONTENT OR FEATURES AVAILABLE THROUGH THE SITE AND/OR CLASSES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GROWFITTER, ON BEHALF OF ITSELF AND ITS SUPPLIERS AND PARTNERS, DISCLAIMS AND EXCLUDES ALL WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
WITHOUT LIMITING THE FOREGOING, GROWFITTER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS (I) THAT THE SITE AND/OR ANY CLASS IS SUITABLE FOR YOU OR WILL MEET YOUR PERSONAL NEEDS, (II) REGARDING THE ADEQUACY OR SAFETY OF ANY CLASS OR RECOMMENDATION, (III) THAT THE SITE AND/OR ANY CLASS, OR ANY ASPECT THEREOF, WILL BE AVAILABLE OR PERMITTED IN YOUR JURISDICTION, (IV) THAT THE SITE, OR ANY ASPECT THEREOF, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (V) REGARDING THE USE OF THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. ANY MATERIAL, CONTENT OR DATA THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE SITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OF SUCH MATERIAL, CONTENT OR DATA. CERTAIN APPLICABLE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS SET FORTH IN THESE TERMS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. TO THE EXTENT ANY DISCLAIMER OR LIMITATION OF LIABILITY DOES NOT APPLY, ALL APPLICABLE EXPRESS, IMPLIED, AND STATUTORY WARRANTIES WILL BE LIMITED IN DURATION TO A PERIOD OF 30 DAYS AFTER THE DATE ON WHICH YOU FIRST USED THE SITE, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.
13. Waiver and Release.
YOU UNDERSTAND THAT GROWFITTER IS NOT A GYMNASIUM, PLACE OF AMUSEMENT OR RECREATION, HEALTH CLUB, FACILITY, FITNESS STUDIO OR SIMILAR ESTABLISHMENT AND THE CLASSES OR SESSION THEY PROVIDE ARE OPERATED AND DELIVERED BY THE APPLICABLE VENUE AND NOT BY GROWFITTER. GROWFITTER IS NOT RESPONSIBLE FOR THE QUALITY OF ANY CLASS OR SESSION PROVIDED BY A VENUE OR THIRD PARTY (INCLUDING BUT NOT LIMITED TO THE FACILITY, INSTRUCTOR OR CURRICULUM). YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER THE CLASS OR RECOMMENDATIONS AVAILABLE ON OR THROUGH THE SITE AND/OR CLASSES ARE RIGHT FOR YOU.
YOU UNDERSTAND THAT THERE ARE CERTAIN INHERENT RISKS AND DANGERS IN EXERCISING AND THAT THE CLASSES YOU MAY ATTEND OR PARTICIPATE IN OFFER A RANGE OF ACTIVITY AND INTENSITY LEVELS. BY USING GROWFITTER (INCLUDING BUT NOT LIMITED TO ATTENDING, PARTICIPATING IN OR USING A CLASS), YOU ACKNOWLEDGE AND AGREE, ON BEHALF OF YOURSELF, YOUR HEIRS, PERSONAL REPRESENTATIVES AND/OR ASSIGNS THAT YOU ARE AWARE OF THESE RISKS WHICH INCLUDE, BUT ARE NOT LIMITED TO, PROPERTY DAMAGE, ILLNESS, LOSS AND BODILY INJURY OR DEATH. YOU ACKNOWLEDGE THAT SOME OF THESE RISKS CANNOT BE ELIMINATED AND YOU SPECIFICALLY ASSUME THE RISK OF INJURY OR HARM.
YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR RESPONSIBILITY TO CONSULT WITH YOUR PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL PRIOR TO USING GROWFITTER (INCLUDING BUT NOT LIMITED TO ATTENDING, PARTICIPATING IN OR USING A CLASS) AND TO DETERMINE IF AND HOW PARTICIPATING IS APPROPRIATE FOR YOU. DO NOT USE CLASSES IF YOUR PHYSICIAN OR HEALTH CARE PROVIDER ADVISES AGAINST IT. IF YOU EXPERIENCE FAINTNESS, DIZZINESS, PAIN OR SHORTNESS OF BREATH AT ANY TIME WHILE EXERCISING, YOU SHOULD STOP IMMEDIATELY.
YOU ALSO UNDERSTAND AND AGREE THAT THE SITE OFFERS FITNESS AND RELATED INFORMATION THAT IS DESIGNED FOR INFORMATIONAL, EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. NOTHING STATED OR POSTED ON OR OTHERWISE AVAILABLE THROUGH ANY ASPECT OF THE SITE AND/OR A CLASS IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL, PROFESSIONAL OR COUNSELING CARE. YOU SHOULD NOT RELY ON ANY INFORMATION ON OR THROUGH THE SITE AND/OR A CLASS AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH OR FITNESS LEVEL, YOU SHOULD ALWAYS CONSULT A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT EVER DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ OR HEARD ON OR THROUGH THE SITE AND/OR A CLASS. THE USE OF ANY OF THE CONTENT, RECOMMENDATIONS AND INFORMATION PROVIDED ON OR THROUGH GROWFITTER IS SOLELY AT YOUR OWN RISK.
THE SITE IS CONTINUALLY UNDER DEVELOPMENT AND GROWFITTER MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN RESEARCH MAY IMPACT THE FITNESS OR RELATED ADVICE THAT APPEARS ON OR IN CONNECTION WITH THE SITE. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE OR RECOMMENDATIONS CONTAINED IN OR THROUGH THE SITE AND/OR A CLASS WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL OR CONTENT.
THEREFORE, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU RELEASE, INDEMNIFY, AND HOLD HARMLESS GROWFITTER, ITS PARENT, SUBSIDIARIES OR AFFILIATED ENTITIES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, CONSULTANTS, CONTRACT EMPLOYEES, REPRESENTATIVES AND AGENTS, AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM ANY AND ALL RESPONSIBILITY, CLAIMS, ACTIONS, SUITS, PROCEDURES, COSTS, EXPENSES, DAMAGES AND LIABILITIES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR PARTICIPATION IN OR USE OF THE SITE AND/OR ATTENDANCE AT, PARTICIPATION IN, PURCHASE OF AND/OR USE OF ANY CLASS) INCLUDING BUT NOT LIMITED TO WITH RESPECT TO BODILY INJURY, PHYSICAL HARM, LOSS, ILLNESS, DEATH OR PROPERTY DAMAGE.
14. Indemnification; Hold Harmless.
You agree to indemnify and hold Growfitter, its affiliated entities, subsidiaries, its suppliers, service providers and partners and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns, harmless from any claims, actions, suits, costs, expenses, losses, damages, liabilities, including attorneys’ fees, arising out of or in connection with your misuse of the Site, Classes, violation of these Terms, violation of the rights of any other person or entity, or any breach of your representations, warranties, and covenants set forth in these Terms.
15. Limitation of Liability and Damages.
UNDER NO CIRCUMSTANCES WILL GROWFITTER OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND PRODUCT LIABILITY), OR OTHERWISE, EVEN IF GROWFITTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, GROWFITTER’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
GROWFITTER’S LIABILITY TO YOU IS LIMITED TO INR 1000 OR THE AMOUNTS, IF ANY, PAID BY YOU TO GROWFITTER UNDER THIS AGREEMENT IN THE THREE MONTHS IMMEDIATELY PRIOR TO THE EVENT FIRST GIVING RISE TO THE CLAIM, WHICHEVER IS MORE. THE FOREGOING LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF WHETHER GROWFITTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
16. Venue Waivers and Terms.
Members taking Classes or Sessions are deemed to agree to the liability waivers and terms of individual Venues. Your participation in any Class or Session may be subject to addition policies, rules or conditions of the applicable Venue and you understand and agree that you may not be permitted to reserve or attend classes or services if you do not comply with these Terms or the policies of the Venues or as otherwise determined by a Venue. If you have questions about a Venue’s waiver or other terms, please see the applicable Venue’s website or contact the Venue directly.
17. Infringement Policy.
Content on-site or app either published or posted by the user is copyright of Growfitter Private Limited
18. Arbitration Agreement.
PLEASE READ THE FOLLOWING CAREFULLY WHICH APPLY TO YOU, SUBJECT TO APPLICABLE LOCALE LAW:
a) Purpose. This Arbitration Agreement facilitates the prompt and efficient resolution of any disputes that may arise between you and Growfitter. Arbitration is a form of private dispute resolution in which parties to a contract agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial.
Please read this Arbitration Agreement carefully. It provides that all disputes between you and Growfitter shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Entering into this Arbitration Agreement constitutes a waiver of your right to litigate claims in court and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this Arbitration Agreement and can award the same damages and relief as a court (including attorney’s fees).
For the purpose of this Arbitration Agreement, “Growfitter” means Growfitter and its parents, subsidiaries, and affiliated companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and Growfitter regarding any aspect of your relationship with Growfitter, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behaviour), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Arbitration Agreement (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced.
WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.
b) Pre-Arbitration Dispute Resolution. Before initiating any Dispute, whether in court or arbitration, you must first give Growfitter an opportunity to resolve the Dispute by mailing written notification to Growfitter at B104,Shree Sainath Society, Mumbai – 400055, That written notification must include (1) your name, (2) your address, (3) a written description of the Dispute, and (4) a description of the specific relief you seek (5)Your Subscription or Membership Receipt. If Growfitter does not resolve the Dispute to your satisfaction within 60 days after it receives your written notification, you may pursue your Dispute in arbitration.
d) Arbitration Award. The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator shall make any award in writing but need not provide a statement of reasons unless requested by a party. Such award by the arbitrator will be final and binding on the parties, except for any right of appeal provided by applicable Indian Arbitration law, including but not limited to THE ARBITRATION AND CONCILIATION ACT, 1996. “ACA”, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
e) Location of Arbitration. The arbitration shall take place in Mumbai, India, but it may proceed by telephone if you so choose.
f) Payment of Arbitration Fees and Costs. Growfitter will not pay your arbitration filing fees and arbitrator’s costs and expenses. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. Growfitter will pay its own expenses during the course of action.
g) Class Action Waiver. Any Disputes arising out of or relating to your use of the Site or App and/or attendance at, participation in or use of Session or Scan, any purchase you make on or through the Site, any information you provide via the Site, and/or these Terms (including the formation, performance, or alleged breach), shall be submitted individually by you and will not be subject to any class action or representative status. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, representative action, consolidated action or private attorney general action). Neither you, nor any other Member of Growfitter and/or user of Growfitter services, can be a class representative, class member, or otherwise participate in a class, representative, consolidated or private attorney general proceeding with respect to the matters set forth in the first sentence of this paragraph. You agree that this Class Action Waiver is material and essential to the arbitration of any dispute between you and Growfitter and is non-severable from the Arbitration Agreement. If any portion of this Class Action Waiver is limited, voided, or cannot be enforced, then the Arbitration Agreement shall be null and void. You understand that by agreeing to this Class Action Waiver, you may only pursue Dispute against Growfitter in an individual capacity and not as a plaintiff or class member in any purported class action or representative proceeding.
h) Limitation of Procedural Rights. You understand and agree that, by entering into this Arbitration Agreement, you and Growfitter are each agreeing to arbitration instead of the right to a trial before a judge or jury in a public court. In the absence of this Arbitration Agreement, you and Growfitter might otherwise have a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). By using the Growfitter Site or App, product or services, or otherwise accepting these Terms, you are entering into this Arbitration Agreement, and you give up those procedural rights. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited in arbitration. The right to appellate review of an arbitrator’s decision is much more limited than in court, and in general an arbitrator’s decision may not be appealed for errors of fact or law.
i) Severability. If any clause within this Arbitration Agreement, other than the Class Action Waiver clause above, is found to be illegal or unenforceable, that clause will be severed from this Arbitration Agreement, and the remainder of this Arbitration Agreement will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, then this entire Arbitration Agreement will be unenforceable and the Dispute will be decided by a court of competent jurisdiction.
j) Continuation. This Arbitration Agreement shall survive the termination of your contract with Growfitter and your use of the Growfitter Site, App, Classes, Sessions and services.
a) Choice of Law; Forum. Subject to applicable Locale law: (i) these Terms shall be governed in all respects by the laws of the Jurisdiction of Mumbai, India without regard to conflict of law provisions, consistent with THE ARBITRATION AND CONCILIATION ACT (to the extent permitted by applicable law), and (ii) if for any reason a claim proceeds in court rather than in arbitration (including any claims brought by parties outside India), the dispute shall be exclusively brought in court of Mumbai, India.
b) Assignment. We may assign our rights and obligations under these Terms. The Terms will inure to the benefit of our successors, assigns and licensees.
c) Severability. If any provision of these Terms shall be unlawful, void, or for any reason is unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
d) Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
e) Entire Agreement. These Terms and any applicable Additional Terms, as each may be amended as set forth herein, are the entire agreement between you and Growfitter relating to the subject matter herein.
f) Claims; Statute of Limitations. SUBJECT TO APPLICABLE LOCALE LAW, IN THE EVENT YOU HAVE A CAUSE OF ACTION THAT IS NOT OTHERWISE BARRED BY THESE TERMS, YOU AND GROWFITTER AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS AND/OR THE SITE AND/OR ATTENDANCE AT, PARTICIPATION IN, USE OF OR PURCHASE OF CLASSES) MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
g) Disclosures. The services hereunder are offered by Growfitter Private Limited located at B104/ Shree Sainath Society, Mumbai- 400 055, Contact us here.
h) Waiver. No waiver of any of these Terms by Growfitter is binding unless authorized in writing by an executive officer of Growfitter. In the event that Growfitter waives a breach of any provision of these Terms, such waiver will not be construed as a continuing waiver of other breaches of the same nature or other provisions of these Terms and will in no manner affect the right of Growfitter to enforce the same at a later time. Further, in the event we choose to grant an exception to these Terms, any such exception is in our sole discretion and does not entitle you or anyone else to any exceptions in the future for similar circumstances.
i) Notice. Except as explicitly stated otherwise, legal notices will be served, with respect to Growfitter, on Growfitter’ national registered agent, and, with respect to you, to the email address you provide to Growfitter during the registration process. Notice will be deemed given 24 hours after email is sent unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice will be deemed given three days after the date of mailing.