BigToe Terms of Service

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Terms of Service

These terms and conditions (“Terms and Conditions” or “Terms”) govern your access to and use of [NAME OF THE APP] (“App”), including any content, functionality, and services (“Service”) offered on or through the [Name of the WEBSITE], m-web and mobile/ tablet application (“Forum”). Your utilization of the Forum, whether or not you engage in any Services, or make bookings, purchases, or use of Forum Services (as defined later), implies your acceptance of the Terms and Conditions and Privacy Policy, thereby legally binding you to these agreements. These Terms and Conditions do not modify the terms or conditions of any other existing written agreement you may have with the Forum for other services.

Please read these terms and conditions carefully before using Our Service. By accessing or using the App, you agree to be bound by these Terms:

Applicability

These Terms and Conditions applies to all the users of the Forum including:

  • Any person providing services or selling the goods or facilitating the same (whether an individual, professional or an entity, or similar organization) on the Forum, directly or indirectly, including designated / authorised persons, associates, employees, Affiliates and practitioners thereof (“Affiliates”, “You”, “Your” or “Users”);
  • An individual who accesses and registers on the Forum and/or places a service request for purchase of goods or products (“Products”) on the Forum (“End-User”, “You”, “Your” or “Users”); or
  • Otherwise, a user or visitor of the Forum (“You” “Your” or “Users”).
Eligibility
  • You must be at least 18 years old to use the App. By using the App, you represent and warrant that you are at least 18 years old. You represent that You are of legal age to form a binding contract and are not a person barred from receiving Forum Services under the applicable laws.
  • The Service Provider reserves the right to refuse access to the Forum or Forum Services to new Users or to terminate access granted to existing User(s) at any time without according any reasons for doing so.
  • In case of non-compliance with rules and regulations, privacy policy or user agreement for access or usage of the computer resource of the Service Provider, it has the right to terminate the access or usage rights of the Users to the computer resource immediately or remove non-compliant information or both, as the case may be. The Service Provider will periodically inform its Users, at least once every year, of the compliance requirements set-out in this Terms and Conditions and the Privacy Policy or any changes thereto.
  • You shall not have more than one active Account (as defined hereinafter) on the Forum. Additionally, You are prohibited from selling, trading, reverse engineer, or otherwise transferring Your Account to any other party or impersonating any other person for the purposing of creating an account with the Forum.
Services

[Name of the Company] (“Service Provider“) functions as an online service facilitating access to a range of services and products offered by the Company and various Affiliates, directly or indirectly.

These include:

  • Wellness Services (“Wellness Services”) provided by [Name of the Company] and its franchisees, encompassing physical and mental fitness centre memberships, classes, and related services [Name of the Company].
  • Membership Services (“Membership Services”) granting access to various Wellness Services from third-party providers through memberships sold by gymnasiums, training centres, studios, etc.
  • Food Products, offering food items from [Name of the Company] and food products consisting of pre-packaged/prepared/cooked food and beverage items from restaurant Affiliates (collectively called “E-Foods”) listed on the Forum.
  • Consultation Services (“Consultation Services”) facilitating appointments with registered medical professionals for in-person and tele-consultations, as well as diagnostic services.
  • Products including original merchandise such as clothing, footwear, and accessories from various fashion and lifestyle brands.
  • Online Services (“E-health Services”), comprising single session or subscription-based digital offerings such as recorded audio/video content, online training services, and consultancy/coaching sessions related to fitness, wellness, nutrition, etc., provided by Affiliates.
  • Premium subscriptions (“Premium Services”) offered by [Name of the Company], providing a bundle of services and benefits as determined by the company.
  • Booking Services (“E-Booking Services”) facilitating the booking of appointments/sessions for various services and products listed on the Forum.
  • Services involving the procurement, generation, and communication of usage/consumption data, as well as documents/data related to purchases and usage of the listed products/services.

 

All the services mentioned here shall together be referred as “Forum Services”.

The charges for Forum Services as displayed on the Forum are determined by the Company or the relevant Affiliates, excluding taxes and other applicable fees indicated. These charges and services may change at the discretion of the Company or Affiliates, without a guarantee of being the lowest available. Additionally, for E-health Services, payment options include pay-per-session or subscription plans, which may be monthly, quarterly, semi-annual, or annual.

Orders or bookings for Forum Services are subject to the terms and conditions of the Affiliates or their service providers, including any offers, sales terms, or campaigns, which you are presumed to have read and accepted. Furthermore, specific terms and policies govern Forum Services, including payment, cancellation, refund, exchange, and return policies.

[Name of the App] offers a dedicated mobility and training application aimed at consumers in the 40+ age bracket, residing in India. The App constitutes an organized, tech-enabled ecosystem designed to facilitate strength and conditioning training, utilizing methods grounded in the understanding of human anatomy tailored specifically for older individuals. The primary objective of the App is to promote general wellbeing, injury prevention, and senior citizen welfare.

Additionally, the Service Provider offers a vertical dedicated to addressing the demand-supply gap of fitness instructors in the industry. The Big Toe Fitness Academy endeavours to educate and certify qualified fitness trainers in health, fitness, and wellness, thereby contributing to the overall enhancement of the fitness ecosystem.

The Service Provider’s App features a variety of scientifically crafted programs, catering to different fitness levels (beginner, intermediate, and advanced) and tailored to meet diverse needs, including general workouts and sport-specific regimens (such as golfers, swimmers, tennis players, etc.). The key features of the App include an exercise directory, daily workout plans, performance tracking, and the option to book online consultations or complete workout sessions

The Service Provider’s target audience encompasses individuals aged 40 and above across India, possessing a basic interest or experience in fitness training and a commitment to physiological wellbeing. The ideal customer demonstrates a willingness to invest in paid Wellness Services, seeks to make conscious lifestyle choices, and harbours a desire to optimize their training and physical potential. Moreover, the target audience includes busy professionals who recognize the correlation between physical health and professional performance, as well as individuals aspiring to lead active, independent lives with enhanced quality and capacity.

The Service Provider’s philosophy revolves around the belief that movement is not confined to a single hour in the morning but is rather an ongoing activity integral to daily life. Through its programs, the Service Provider aims to provide users with the freedom of movement and enhance their physical performance across various stages of life.

Wellness Services and Membership Services
  • Wellness Services provided through the brands [Name of the Company] encompass a range of offline mental and physical fitness activities, including sports-related training such as swimming, mindful yoga, psychotherapy, and meditation training.
  • Membership Services grants access to various third-party fitness centers, gyms, studios, training centers, etc. It’s acknowledged that the Forum and/or Affiliates do not have direct control over the quality or operations of these Membership Service Providers, and thus disclaim liability for any issues arising from the use of Membership Services.
  • To utilize Wellness Services and Membership Services, users must be at least 18 years old and legally capable of entering into contracts. Parents or guardians are responsible for minors using these services.
  • Participation in Wellness Services and Membership Services carries inherent risks, for which users assume responsibility and release relevant Affiliates, associates, and the Company from liability.
  • Usage of Membership Services also requires acceptance of additional terms and conditions posted by Membership Services Providers. Users attend these services at their own risk, with no warranties provided by the Company or Affiliates.
  • Offers or discounts subsequent to purchase are not guaranteed to be extended to prior purchasers. Users are subject to Fair Usage Policies regarding Wellness Services and Membership Services, including limitations on class bookings and potential penalties for misuse.
  • Neither the Company nor its relevant Partners, nor the Platform, nor their business partner(s), are obligated to provide you with benefits from any offers or discounts introduced after your purchase. However, they may offer you such benefits at an additional cost. Furthermore, specific terms and conditions apply to you regarding these offers, discounts, and sales campaigns.
  • Cancellation policies apply to classes booked, and memberships may be transferable under certain conditions, subject to approval by [Name of the Company].
  • Users must adhere to the Code of Conduct/House Rules of fitness centers and Membership Services Providers, with violations potentially resulting in membership suspension or termination.
  • Furthermore, adherence to [Name of the Company] fitness center’s Code of Conduct/House Rules is required. Additionally, compliance with the code of conduct/house rules of Membership Service Providers is also expected.
  • Affiliates reserve the right to review and terminate memberships for violations of conduct, and legal action may be taken in response to complaints of misuse.

The membership is strictly non-transferable. If discovered that the membership is being utilized by anyone other than the intended individual, the membership will be promptly be revoked without any refund of fees.

For mental fitness services, your mental health provider may be supervised by a senior professional to ensure optimal care. You consent to the confidentiality of all information shared during counselling sessions, unless there’s indication of imminent danger to yourself or others.

[Name of the Company] Community

[Name of the Company] may grant access to [Name of the Company] Community, a social Forum enabling users to access and share various resources, information, and data related to planning training activities, updating fitness profiles, viewing public profiles of other users, adding and accessing videos, photos, status updates, communication forums, and certain product information. To access [Name of the Company] Community, you must create a [Name of the Company] Community Profile on your account, providing necessary details such as your name, image, interested training activities, and other required information.

If you opt to make your [Name of the Company] Community Profile public, you agree that all information, including your username, images, photos, and activity details, will be visible to all users on [Name of the Company] Community. Additionally, [Name of the Company] Community enables you to view profiles of other users who have attended the same class/session, and vice versa. You have the option to opt-out and make your profile private.

However, your access to [Name of the Company] Community is subject to certain conditions:

Media Accessibility

[Name of the Company] may offer the opportunity for photographs to be taken or videos recorded during fitness center classes/sessions (“Images“). These Images, once uploaded on [Name of the Company] Community, may be tagged by you. It’s acknowledged that these Images will be accessible to all users who attended the session/class. Users may download or take screenshots of these photos. By tagging yourself in the Image, your username and certain details from your [Name of the Company] Community Profile will be visible to other users, including attendees of the session. You may also upload your photos or videos on your [Name of the Company] Community Profile. These Images may also be accessed or downloaded through third-party services. With regards to the misuse, loss, modification, or unavailability of the Images or content accessible on [Name of the Company] Community, the Company absolves itself of any and all liabilities.

Ownership Rights

You agree to provide/upload only information, photos, videos, and content on your [Name of the Company] Community Profile that you have the right to share and upload, ensuring the truthfulness of the information. [Name of the Company] retains all rights, title, and interest, including intellectual property rights, in [Name of the Company] Community and its content. By submitting or posting content on your [Name of the Company] Community Profile, you grant [Name of the Company] and its affiliates the right to use, copy, modify, distribute, publish, and display the content on public forums, including social media forums, without consent or compensation.

E-Foods
  • E-Foods offers food and beverage items that customers can purchase through various sales channels, including buying food packs or single meals on the Forum.
  • When ordering single meals within food packs, customers provide information to E-Foods or the Company, including contact details, selected food items, delivery address, and preferred time slot. Depending on delivery service availability, food product availability, and modification cut-off times, customers may: (i) change their delivery address and/or time slot; (ii) switch to a different meal for the day within the food pack; and (iii) pause the food pack, within the maximum validity and number of pauses allowed.
  • While the Forum provides an estimated delivery time for E-Foods, the actual delivery time may vary due to factors such as weather, traffic conditions, and the distance from E-Foods kitchen to the delivery address.
  • If an order is delayed beyond the delivery timeline or does not meet expectations, customers can address their concerns by contacting [E-mail Id].
  • E-Foods does not guarantee the exact taste, finish, appearance, size, or color of the E-Foods as ordered by customers.
E-health Services & E-Consultation Services
  • [Name of the Company], facilitates the provision of E-health Services. These services include pre-recorded and/or do-it-yourself audio and/or video content covering various topics such as physical and/or mental fitness, nutrition, cookery, recreation, live experiences, and related content. E-health Services directly fullfils these services or collaborates with service providers through contractual arrangements. Unless explicitly stated otherwise in a separate written agreement with you, E-health Services are intended solely for your personal, non-commercial use.
  • Relevant Affiliates and/or their associates facilitate the provision E-Consultation Services. These services encompass real-time audio and/or video consultancy, coaching, and training sessions covering areas such as physical and/or mental fitness, holistic wellness, nutrition, cookery, recreation, and therapy.
  • The Service Provider will furnish the E-health Services in accordance with the booking specifications on the Forum.
  • The Service Provider must disclose their working hours, available time slots, locations, session details, and descriptions as requested by the Company/Vendor. Any changes to these details must be communicated to the Company/Vendor at least two weeks in advance.
  • The Service Provider agrees to abide by the regulations outlined in the Service Provider Code of Conduct accessible on the Forum and/or provided by the Affiliates.
  • Details of the Service Provider, including contact information, session particulars, profile information, and other necessary data as required by law or Users to access E-health Services, may be presented on the Forum. The Service Provider acknowledges that the accuracy and legitimacy of this information are their sole responsibility, with the Company/ relevant Affiliates bearing no liability concerning its authenticity.
  • Users can book appointments/sessions/classes with the Service Provider based on E-health Services availability. Users may place a service request via methods agreed upon between the Service Provider and the Forum/relevant Affiliates. Upon accepting a service request, the Service Provider commits to delivering services diligently, promptly, and professionally, adhering to applicable laws and industry best practices.
  • Except under exceptional circumstances with valid justification, the Service Provider is prohibited from cancelling or refusing allocated service requests. Any such cancellation or refusal may result in deduction or withholding of fees by the Forum/relevant Affiliates to cover associated costs.
  • The Service Provider acknowledges sole responsibility for providing E-health Services, and any User complaints regarding these services constitute a breach of their obligations under this Agreement, absolving the Forum/relevant Affiliates of any responsibility. The Service Provider is liable for any loss or damage suffered by Users due to E-health Services receipt.
  • In case of serious complaints against a Service Provider, the Forum/relevant Affiliates reserves the right to terminate their arrangement immediately and delist them from the Forum.
  • Upon receiving notice for service quality improvement, the Service Provider must promptly rectify issues at their expense. Failure to do so may result in immediate delisting from the Forum.
  • The Service Provider must deliver services in a manner that upholds the reputation and goodwill of the Company, Forum, [Name of the Company], and their associates, refraining from discriminatory actions against other Users.
  • E-health Services must comply with all applicable laws, be delivered with due care and skill, and adhere to communication and procedural guidelines set forth by the Forum/relevant Affiliates.
  • Unless agreed upon by the Parties or mandated by law, the Service Provider must refrain from using Forum/relevant Affiliates branding on E-health Services.
  • The Service Provider must participate in training sessions organized by the Forum/relevant Affiliates as required by law or deemed necessary by the Forum/[Name of the Company].
  • The Forum/relevant Affiliates or their business Affiliates are not obligated to extend benefits under subsequent offers to Service Providers listed on the Forum. Additional terms and conditions may apply to specific offers, discounts, and campaigns.
  • The Service Provider must ensure that any statistical data, feedback, or information shared by the Forum/relevant Affiliates is not disclosed to competitors or third parties.
  • The Service Provider warrants that E-health Services provided do not infringe upon any intellectual property rights of the Forum/relevant Affiliates or third parties.
  • The Service Provider represents that they are duly registered and authorized to fulfill obligations under this Agreement, with all necessary approvals and consents obtained.
  • The Service Provider confirms there are no legal hindrances preventing them from fulfilling obligations under this Agreement and that their actions do not contravene any applicable laws or agreements.
E-booking Services
  • Booking an appointment or session is subject to payment of the necessary fee or purchase of the required membership, as well as the availability of slots. Upon meeting these conditions, you are permitted to book and participate in various digital content services, digital training sessions, and related services offered on the Forum.
  • To participate in sessions, you must book them in advance through the Forum and may need to comply with specific technical requirements. Any memberships or single sessions purchased or booked are non-transferable and non-refundable.
  • For workout, fitness, and holistic wellness sessions, it is essential to ensure that you are physically and medically fit to participate. You must understand your physical and medical limits and participate within them, acknowledging the inherent risks involved. By participating, you voluntarily assume all such risks and release the company, relevant Affiliates, and third-party associates from liability.
  • During workout sessions, an energy score may be ascertained based on your intensity and movements, which may affect your ranking on the Forum’s leaderboard. Your participation in the leaderboard experience is automatic if you enable access to your device’s camera. However, you have the option to disable camera access if you choose not to feature on the leaderboard.
  • The Forum also provides access to audio and/or videos related to cooking, recipes, lifestyle trainings, and nutritionist content for personal, informational, and reference purposes. The company, Forum, relevant Affiliates, and third-party entities do not assume any liability or provide warranties concerning your usage of such E-health Services.
  • The number of sessions permitted to be booked, availed, or cancelled is subject to the terms and conditions set by the respective Affiliates. The Forum and relevant Affiliates will make efforts to notify you in advance of any session rescheduling or cancellation but are not liable for any resulting inconvenience or loss.
  • Audio and/or video recordings of sessions may be made for quality and safety purposes, which may be referenced in case of complaints or disputes.
  • The Forum serves as an intermediary for onboarding service providers and facilitating their services. Your eligibility to use E-health Services is contingent upon being at least 18 years old and competent to enter into a contract under applicable laws. Parents or guardians of individuals not meeting these conditions indemnify the Forum, Affiliates, and associates from any resulting losses or liabilities.
  • The listing of service providers and their profiles on the Forum is automated and does not represent any ranking or endorsement by the Forum or relevant Affiliates. Listings are based on internal factors and may change over time. The Forum and relevant Affiliates are not responsible for the relevancy of listing orders.
  • The Forum and relevant Affiliates do not guarantee the accuracy of the duration, type, or satisfaction derived from any E-health Services provided by service providers. Additionally, they do not assert that the E-health Services offered by service providers are suitable or safe for use.
  • To the maximum extent permitted by law, the Forum and relevant Affiliates disclaim all liability arising from the user’s use or reliance on the Forum, E-health Services, representations and warranties made by service providers, content or information provided by service providers on the Forum, or any opinions or suggestions given by service providers regarding E-health Services.
  • If the Forum, relevant Affiliates, or their business Affiliates introduce any offers or discounts after your purchase, they are not obligated to provide you with the benefits of such subsequent offers. However, they may offer you benefits under subsequent offers for an additional fee. Additional terms and conditions apply to you under specific offers, discounts, and sales schemes/campaigns.
  • User acknowledges that the Forum and relevant Affiliates may not be involved in certain interactions between the user and the service provider and therefore are not responsible for them.
  • Users understand and agree that the Forum and relevant Affiliates will not be liable for: (i) failure of service provider obligations, (ii) user issues with the service provider, (iii) quality of service or treatment provided by the service provider, (iv) misconduct or inappropriate behaviour by the service provider or their staff, (v) any inconvenience experienced by the user due to service provider failure to deliver agreed E-health Services.
  • The Forum reserves the right to temporarily or permanently disable your account from booking further online sessions or impose cancellation charges if you cancel or miss a scheduled session or misuse the services.
User Accounts, Password and Security

When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service. You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Fee and Subscriptions

The free trial period for any subscription will be determined at the time of sign-up and may not be combined with certain offers. Upon starting your subscription within a free trial, billing for membership fees may commence either upon purchase or at the conclusion of the trial period, at our discretion, unless you cancel before the trial ends. You are responsible for all fees and charges incurred while using the E-health Services and the Forum Services, along with any applicable taxes or third-party charges.

Various payment options may be available, including pay-per-session or subscription plans, with options such as monthly, quarterly, half-yearly, or annual recurring/non-recurring subscriptions. For weekly, monthly, and yearly subscriptions, durations are defined as 7, 30, and 365 calendar days respectively. Non-recurring subscriptions cannot be cancelled, while recurring subscriptions may be cancelled at any time before the renewal date through your Account Settings to avoid future charges. Refunds are not available for partial subscription periods.

Promotion codes or offers cannot be combined and are typically reserved for new Forum users unless stated otherwise. Prior users, including those who have utilized trial services, are not considered new users. Pricing promotions or discounts generally apply to the initial subscription period, with subsequent renewals charged at the regular rate unless otherwise specified in the promotion terms.

Payment Options
  • Payments for Forum Services must be directed to the Company via the Forum. You acknowledge and agree, within the limits of applicable law and subject to the Service Provider’s Privacy Policy, that the Service Provider may engage third-party vendors and service providers, including payment gateways, for payment processing and management of payment card information.
  • When making online payments, you agree to use valid payment cards, bank details, third-party wallets, or other required payment methods (“Payment Details”) for which you have authorization and sufficient funds or credit. By providing Payment Details, you confirm that you are legally authorized to do so, to perform payments, and that such actions comply with the terms and conditions and applicable laws governing the use of those Payment Details. You acknowledge responsibility for any fees charged by your mobile carrier related to your use of payment services via your mobile device.
  • The Service Provider will handle Payment Details as outlined in their Privacy Policy. You retain the ability to add, delete, or modify Payment Details through the Forum as needed.
  • Transaction receipts are provided by respective Vendors upon transaction completion, while transaction summaries are provided by the Service Provider. These documents are accessible on the Forum and are also sent to your registered email address. The Service Provider collects payments on behalf of Vendors and settles them accordingly.
  • Except where required otherwise by applicable law, the Service Provider is not responsible for payments authorized through the Forum using your Payment Details. Specifically, the Service Provider is not liable for incomplete payments due to: (1) insufficient funds or exceeding credit limits on your payment card, bank account, or third-party wallet; (2) incorrect Payment Details provided to the Service Provider; (3) expiration of your payment card; or (4) circumstances beyond the Service Provider’s control, such as power outages, cellular service interruptions, or external interferences preventing transaction execution.
Content
Posting Privilege

Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.

You represent and warrant that:

  1. the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and
  2. he posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
Content Limitations

The Service Provider is not responsible for the content of the Service’s users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.

You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

  • Unlawful or promoting unlawful activity.
  • Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
  • Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
  • Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
  • Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
  • Impersonating any person or entity including the Service Provider and its employees or representatives.
  • Violating the privacy of any third person.
  • False information and features.

The Service Provider reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms, refuse or remove this Content. The Service Provider further reserves the right to make formatting and edits and change the manner of any Content. The Service Provider can also limit or revoke the use of the Service if You post such objectionable Content. As the Service Provider cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Service Provider be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.

Refund
  • Wellness Services and Membership Services- Any memberships/ sessions/ classes bookings bought by the User are non- saleable, non-refundable and non-exchangeable.
  • E-Foods- You have the option to request cancellation or pausing of scheduled deliveries for Food Product orders, and you can also request refunds or adjustments for future orders. However, whether these requests are accepted is at the discretion of the sellers, or the Company. Acceptance depends on factors such as the cancellation cut-off time and the quantity of E-Foods ordered. Please note that there are no refunds for on-demand E-Foods orders.
  • The Company and/or relevant service provider(s)/vendor reserve the right to unilaterally cease or terminate their relationship with you without providing any reason. In such cases, any applicable amount or cashback (if any) or pro-rata refund will be refunded to you subsequently.
  • Regarding payments, the Forum is not liable for any unauthorized transactions made on our Forum using your payment card or internet banking. The Forum is not obliged to refund any money to you in such instances.
Use of the Forum

Subject to compliance with the Terms and Conditions, you are granted a non-exclusive, revocable, and limited privilege by the Company to access and utilize this Forum and its services. You agree to use the Forum, its services, and provided materials only for purposes allowed by the Terms and Conditions and for which they are intended, and in accordance with applicable laws, regulations, and accepted practices.

You agree not to engage in activities that may negatively impact the Company’s or other users’ use of the Forum. You agree not to access the Forum or its services through any means other than the provided interface. Additionally, you shall not use any automated means to access, acquire, copy, or monitor any part of the Forum or its content, nor attempt to bypass its navigational structure or presentation.

By accessing the Forum or its services, you acknowledge that you may encounter content from others that you find objectionable. The Company disclaims any liability related to such offensive content.

If the Forum permits you to post material, you agree to ensure it is not offensive and complies with applicable laws. Any material you add to the Forum is your responsibility. The Company reserves the right to review and delete any information inconsistent with these Terms and Conditions.

Furthermore, you agree not to:

  • Defame, abuse, harass, threaten, or violate the legal rights of others.
  • Publish, distribute, or disseminate inappropriate, defamatory, infringing, or unlawful material.
  • Copy, reproduce, or distribute Forum content without authorization.
  • Conduct surveys, contests, or chain letters.
  • Upload files containing viruses or malicious software.
  • Interfere with Forum access or disrupt its services.
  • Attempt unauthorized access to the Forum or its servers.
  • Collect data about other users.
  • Interfere with the proper functioning of the Forum.
  • Use the Forum for unlawful purposes.
  • Access to the Content is permitted exclusively for personal, informational, and internal purposes, in compliance with the Terms and Conditions.
  • Falsify or delete author attributions or notices.
  • Violate applicable laws or regulations.
  • You are not permitted to reverse engineer replicate, alter, duplicate, share, transmit, exhibit, execute, replicate, publish, authorize, generate derivative works from, transfer, or trade any information or software acquired from the Forum..

Except as expressly provided, you are granted access to view Forum content for personal, informational, and internal use, subject to certain conditions:

  • Content may be accessed for personal use only.
  • Content may not be modified or distributed.
  • Content may not be sold, rented, or licensed.
  • Copyright notices must not be removed from downloaded content.
Terms and Conditions Violation

In the event of your violation of these Terms and Conditions, it is acknowledged that such actions will constitute unfair business practices, causing irreparable harm to the Company and/or Vendors. Monetary damages alone would be insufficient to compensate for such harm. Thus, you hereby authorize the Company and/or Vendors to pursue any injunctive or equitable relief they deem necessary or appropriate in such instances. These remedies are supplementary to any other legal or equitable remedies available to the Company and/or Vendors. In the event that legal action is taken against you by the Company and/or Vendors due to your breach of these Terms, you agree to reimburse them for all reasonable attorney fees and costs incurred, in addition to any other relief granted.

Intellectual Property Infringement

We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.

If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the point of attention via email ([CONTACT_EMAIL]) and include in Your notice a detailed description of the alleged infringement.

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing Your copyright.

You are prohibited from using the trademarks, logos, and service marks displayed on the Forum without prior consent from the Company, Vendors, or other respective third parties who may own them.

Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide the Service Provider. If for any reason such assignment is ineffective, You agree to grant the Service Provider a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Service Provider.

The Service Provider has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that the Service Provider shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Suspension and Termination

The Service Provider retains the right to delist, block future access, or suspend/terminate your Account if it determines, at its sole discretion, that you have breached any term of these Terms or acted unethically. These Terms will persist indefinitely unless terminated by the Service Provider. Upon cessation of your Forum use, the Service Provider may erase any associated Content or materials without liability, though transaction details might be retained for tax or regulatory reasons. You are liable for any Forum Services ordered prior to termination by either party.

Warranty disclaimer

[ Name of the Company] makes no representations or warranties, whether express or implied, regarding the App’s reliability or uninterrupted availability. There is no guarantee that the App will be free of errors or defects, or that the server hosting the App is free of viruses or other harmful components. The Company disclaims any liability associated with user Content, including but not limited to intellectual property rights, defamation, privacy violations, or obscenity, under applicable laws. Additionally, the Company assumes no responsibility for any misuse, loss, alteration, or unavailability of user Content.

Indemnity and Limitation of Liability

The Service Provider and its affiliates, including officers, directors, consultants, agents, employees, and Vendors on the Forum (“Indemnitees“), are to be indemnified, defended, and held harmless by You against any losses, liabilities, claims, damages, demands, costs, and expenses, including legal fees and disbursements, arising from any breach or non-performance of representations, warranties, covenants, agreements, or obligations made by You under these Terms. Additionally, You agree to indemnify the Indemnitees against third-party claims related to Your use of the Forum or Forum Services, any misrepresentation of data or information provided by You, Your violation of the Terms, or infringement of another’s rights, including intellectual property rights.

The Indemnitees shall not be liable to You or any third party for special, incidental, indirect, consequential, or punitive damages arising from Your use of or access to the Forum, Forum Services, or Content. These limitations and exclusions apply to the fullest extent permitted by applicable laws.

Furthermore, the aggregate liability of Indemnitees under these Terms or the services provided shall not exceed the actual fees charged from You, unless prohibited by applicable law. If certain warranties cannot be excluded or liability limited under applicable law, such exclusions and limitations shall be minimized to the extent permitted by law.

Privacy

[Service Provider Name] respects your privacy and is committed to protecting your personal data. Our Privacy Policy explains how we collect, use, disclose, and protect your personal data. By accessing or using the App, you consent to our Privacy Policy.

You can access the Privacy Policy at: Privacy Policy

Governing Law

The laws of the India, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws. It shall be subject to the jurisdiction of courts, tribunals, forums and applicable authorities of New Delhi.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Service Provider.

Report of Abuse and Grievance Redressal

In the event You come across any abuse or violation of these Terms and Conditions or if You become aware of any objectionable content on the Forum or if You wish to report a grievance regarding Forum or Forum Services, please report the same to the following e-mail id: [Name of email ID] or reach out to our Grievance Officer, whose contact information is detailed below:
Name: _____________________
Email – ___________________
Postal address – _______________

Please provide us with a detailed description of the complaint/grievance, and we will endeavour to resolve Your grievances within ____ days from the date of receipt of such grievance, or within such timeframe stipulated under applicable laws.

General Provisions
Notice

All notices from the Service Provider will be served by email to Your registered email address or by general notification on the Forum. Any notice provided to the Service Provider pursuant to the Terms and Conditions should be sent to [Name of email ID] or to our Grievance Officer with subject line – Attention: TERMS AND CONDITIONS.

Assignment

You cannot assign or otherwise transfer the Terms and Conditions, or any rights granted hereunder to any third party. The Service Provider ’s rights under the Terms and Conditions are freely transferable by the Service Provider to any third party without the requirement of seeking Your consent.

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Amendments

We reserve the right, at Our sole discretion, to modify or replace or amend these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least ____ days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

  • By visiting this page on our website: Contact
  • By sending us an email: [WEBSITE_CONTACT_EMAIL]

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