Terms of Use
Effective Date: March 2, 2020
Nature and Applicability of Terms
The following terms and conditions constitute an Agreement (hereinafter referred to as the “Agreement”) between You and Chakra Athletica Private Limited (“We” or “Us” or “Company” or “Chakra”), the operator of www.chakraathletica.com (the “Site”) and related applications, services and mobile applications provided by Chakra (hereinafter when referred collectively called as ‘Chakra Platforms’). This Agreement shall govern your use of Services (defined below), both as registered and non-registered user.
By using or otherwise accessing the Services, and/or by registering with Chakra, You (“User”) agree to the terms of this Agreement, including the information disclosed hereinbelow, and to be bound by the same. If you do not agree with this Agreement, you should refrain from using the Services. Your access to any of Chakra’s Platforms is also at the sole discretion of Chakra.
Chakra reserves the right to add, substitute, modify or terminate any service provided by Chakra from time to time. Such information shall be included in the terms and conditions as and when modified, and the burden is on you to keep yourself updated about such modifications. Your continued use of the Site and/or the Services following such posting shall constitute your affirmative acknowledgement of the Terms of Use or other applicable Agreement document, the modification, and agreement to abide and be bound by the Terms of Use or other applicable Agreement document, as amended.
It is Your sole burden to keep yourself updated with respect to changes in the Terms of Use and Privacy Policy. If at any time You choose not to accept these terms of use, including following any such modifications hereto, then You must stop accessing Chakra Platforms and using the Services.
You agree that Chakra will not be liable to You or any third party for any suspension or discontinuation of any of the Services or portion thereof.
Eligibility
You must be 15 years of age or over to register with Chakra or use Chakra Platforms and the Services. If You do not qualify under these terms, do not use Chakra Platforms or Services. By using Chakra Platforms and/or the Services, You represent and warrant that You have the right, authority, and capacity to enter into these Terms of Use and to abide by all of the terms and conditions set forth herein.
Compliance with Law
This Agreement is in compliance with all the relevant Laws, rules and regulations at the time being in force, including but not limited to the Indian Contract Act, 1872; Information Technology Act, 2000; and the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (hereinafter referred to as the “SPI Rules”), and the Information Technology (Intermediaries Guidelines) Rules, 2011 (hereinafter referred to as the “IG Rules”).
Privacy Policy
We have developed our Privacy Policy (the “Privacy Policy”) to protect Your personal/ financial information and keep it confidential. By visiting Our Platform, you are accepting and consenting to the practices described in Our privacy policy.
User Account, Password, and Security
In order to avail the Services, You will have to register on the Chakra Platform by providing details about Yourself, including Your name, address, contact details and such other details as may be required on the Platform and create an account (“Account”).
You shall ensure and confirm that the Account information provided by You is complete, accurate and up-to-date. If there is any change in the Account information, You shall promptly update Your Account information on the Platform. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate Your Account and refuse any and all current or future use of the Chakra Platform (or any portion thereof) at its discretion, in addition to any right that the Company may have against You at law or in equity, for any misrepresentation of information provided by You.
You will be responsible for maintaining the confidentiality of the Account information and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify the Company of any unauthorized use of Your Account information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. The Company cannot and will not be liable for any loss or damage arising from Your failure to comply with this provision. You may be held liable for losses incurred by the Company or any other user of or visitor to the Platform due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account information secure and confidential.
Use of another User’s Account information for availing the Services is expressly prohibited.
Services
Chakra Athletica is the operator of rhythm based spinning classes. Each 45 minute class engages the core, strengthens the lower body, and improves arm definition.
Payment
You can make payment through the payment gateways provided on the Chakra Platform. We are not liable for any payments authorized through Charka Platform using your payment details and You shall solely be responsible for all payments made by you through the Chakra Platform. Further, we don’t verify the source of payments made by You on this Platform.
With regards to payments, we shall not be responsible for any unauthorised transactions conducted on our Platform using Your payment card or internet banking. The Platform shall not be obligated to refund any money to You in such instances.
Responsibilities of the User
You shall not host, display, upload, download, modify, publish, transmit, update or share any information that —
- belongs to another person and to which the User does not have any right to;
- is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonate another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation
- violates or attempts to violate the integrity of the security of the Chakra Platforms
User shall not use any of Chakra Platforms apart from the reasons provided for.
User shall not intentionally furnish any incomplete, false or inaccurate information.
User shall not make any unsolicited communications to other Users.
User shall not misuse the contents provided on the Site.
Representation of the User
The User represents and warrants that he/she/it:
- understands that the practice and participation in fitness training may require vigorous physical activity and involves the risk of personal injury and having recognized the same, you hereby acknowledge awareness of the risks therein, and do certify that you are physically capable of performing the same and you have not been otherwise informed by a physician or other healthcare provider, and knows of no restrictions that would prohibit or prevent you from participating in the practice and training of programs offered by us.
- assume all risk of injury, harm, or damage which may occur to You while engaged, and do fully release and hold harmless Chakra, or any agent, employee, representative, independent contractor, singly and collectively, from any and all claims, liability, damages, or causes of action by You and your family, heirs, estate or assigns as the result of any injury, harm or damage sustained to You at any time hereafter as a result of my participation in the practice and training of programs offered by us.
- shall use the Site and the Services for lawful, non-commercial purposes.
- shall not use the Site in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Chakra Platforms or the Services.
- shall not attempt to gain unauthorized access to any of the Services, user accounts, or computer systems or networks, through hacking, or any other means, and shall be prosecuted for the same.
- shall resolve any dispute between You and any other User arising from any transaction hereunder directly with the User.
- shall be responsible for all use of the Services and for all use of Your Personal Information, including use by others to whom You have given Your PERSONAL Information.
If You are registering an account or using the Services on behalf of an individual or entity other than Yourself, You represent that You are authorized by such individual or entity to accept this Agreement on such individual’s or entity’s behalf.
Disclaimer of Warranties
Chakra makes no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, expertise, quality of work, price or cost information, or accuracy, reliability of other content provided through the Services.
In no event shall Chakra be liable to You or anyone else for any decision made or action taken by You in reliance on any such content.
The content that You obtain or receive from Chakra, and its employees, contractors, partners, sponsors, advertisers, licensors, affiliates or otherwise through the Services is for information, schedule and payment purposes only.
The content, whether such content is provided by or through the use of the Services or through any other communications from Chakra, is not intended as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment and is not to be considered as any form of medical consultation.
Your use or reliance of our content is solely at your own risk.
Except as specifically mentioned Chakra make no warranties about the information systems, software and functions made accessible through the Services or any other security associated with the transmission of sensitive information.
Chakra does not warrant that the Site or the Services will operate error-free, bug-free or free from defects, that loss of data will not occur, or that the services, software or site are free of computer viruses, contaminants or other harmful items.
The links to Sites of third parties or affiliates is not under the control of Chakra and we are not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available through such sites. Chakra in no way endorses any such links and it is the Users discretion to use such links at all time.
Chakra shall not be liable for any breach of Terms of Use by the User in any way.
Disclaimer and Suggestions
Chakra is not liable for any liabilities arising out of the User’s reliance on the Services, content provided on Chakra Platforms to the fullest extent permitted by law.
Chakra has no control over the User content including the posted information (including but not limited to feedbacks) except as provided under law and thus are not liable for what content You access, its effect on You and how You interpret the content available on the site or what actions You may take as a result of having been exposed to the content on the Site and/or the Services. You release us from all liability for You having acquired or not acquired content through Chakra Platforms.
Termination
Chakra reserves the right to suspend or terminate a User’s access to any of Chakra’s Platforms with or without notice and to exercise any other remedy available under law, in cases where:
- the User has committed breach of any Terms of Use under this Agreement.
- Chakra is not able to verify the authenticity of information provided the User.
- Chakra receives complaints from third parties against the User.
- Chakra has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of the User.
- The action of the User is contrary to the law in force
Upon termination, Chakra reserves the right to determine if it shall temporarily or permanently disable the Users profile. It is at the discretion of Chakra that the user may be allowed to re-register or allowed to use the same account.
Refund Policy
Any membership bought by You are non-refundable, non-exchangeable, and non-saleable. However, acceptance of cancellation shall be at the Company’s discretion.
Indemnity
User agrees to indemnify and hold harmless Chakra, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from User’s access to or use of Service, violation of this Agreement, or infringement, or infringement by any other User of his/her/its account, of any intellectual property or other right of any person or entity. Chakra will notify You promptly of any such claim, loss, liability, or demand, and in addition to Your foregoing obligations, You agree to provide us with reasonable assistance, at Your expense, in defending any such claim, loss, liability, damage, or cost.
In no event, including but not limited to negligence, shall Chakra, or any of its directors, officers, employees, agents or content or service providers be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Site or the content, materials and functions related thereto, the Services, User’s provision of information via the Website, lost business or lost Users, even if Chakra was advised of the possibility of such damages.
In no event shall the total aggregate liability of Chakra to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Agreement or a User’s use of the Chakra Platform or Services exceed, in the aggregate Rs. 1000/- (Rupees One Thousand Only).
Assignment
Chakra may assign this contract at any time, including without limitation to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity.
You may not assign, transfer or sublicense this Agreement to anyone else and any attempt to do so in violation of this section shall be null and void.
Waiver
No relaxation, forbearance or delay by Chakra in enforcing or exercising any of the terms of this Agreement shall prejudice, affect or restrict the rights of Chakra, nor shall constitute a waiver by Chakra of any breach hereof operate as a waiver of any subsequent or continuing breach of any terms or conditions of this Agreement, unless in writing.
Severability
In the event that any provision, covenant or restriction contained in this Agreement is declared by any judicial or other competent authority to be invalid, void, voidable, illegal or otherwise unenforceable or indications of the same are received by either of the parties from any, relevant competent authority, the rest of the terms, provisions, covenants and restrictions set forth herein shall remain in full force and effect and shall in no way be affected, impaired or invalidated, and the Parties hereto are at the liberty to amend that provision, covenant or restriction in such reasonable manner as to achieve the intention of the Parties without illegality, or at the discretion of the Parties, such provision may be severed from this Agreement. Such a provision shall be deemed to have been in existence from the date of execution of this Agreement and the remaining provisions of this agreement will remain in full force and effect unless the Parties decide that the effect of such declaration is to defeat the original intention of the Parties.
Entire Agreement
This Agreement constitutes the entire agreement and understanding between the Parties in respect of Confidential Information and supersedes all previous agreements, understandings and undertakings thereof, if any.
Supplementary Agreement
The Parties acknowledge that this Agreement is to be read along with the Privacy Policy, or such other contract entered into between them. In case of any conflict, the provisions of this Agreement shall subsist and supersede over all such conflicting provisions of the other/ supplementary agreement.
Headings
The headings contained in this Agreement are for reference and convenience purposes only and shall not be solely taken into account for the purpose of interpreting any clauses or provisions that they relate to. They do not form a part hereof, and in no way limit, define, describe, modify, interpret or construe the meaning, scope or intent of this Agreement or any terms or conditions therein.
Arbitration
Any disputes or differences arising between the Parties with regard to any term of this Agreement may be referred to a sole arbitrator. The award given by the arbitrator shall be final and binding on the Parties. The arbitrator shall be appointed by Chakra. The place and venue of arbitration shall be Bengaluru. The Arbitration shall be held in English language. The provisions of the Arbitration and Conciliation Act, 1996 shall apply to the arbitration proceedings. The dispute pertaining to the validity or execution of this Agreement and the dispute in respect of jurisdiction shall also be adjudicated by the Sole Arbitrator.
Applicable Law and Jursidiction
This Agreement shall be governed and construed in all aspects in accordance with the laws of India and in accordance with the laws of India. Subject to clause 19, the courts at Bengaluru shall have exclusive jurisdiction in respect of this Agreement.
Greivance Officer
All grievances are to be addressed to Chakra by an affected person in writing or through email signed with electronic signature about any such information.
All grievances addressed to Chakra after due diligence would be acted upon as per the provisions of applicable laws.
viz. Name: Nastassja Suri
E-mail id: nastassja@chakraathletica.com
Contact details: +91 9731534255
