Terms and Conditions
Welcome to HealthWala Fitness Private Limited (hereby referred to as www.healthwalafitness.in , www.Healthwalafitness.com, http://lp.healthwalafitness.com/optin/ , or HealthWala Fitness). You must agree
to the following terms and conditions to avail the services offered at or by any of its affiliates. By visiting, shopping or browsing on the website or app or by any other means you accept these conditions. Please read the Terms and Conditions carefully. While using any current or future services offered by or any of its affiliates, whether or not included in the website, you will abide by these Terms & Conditions and the guidelines and conditions applicable to such service or business.
Terms of Use
HealthWala Fitness Private Limited (hereinafter referred to as “HealthWala Fitness”) holds all rights in
relation to www.healthwalafitness.in, www. Healthwalafitness.com,
http://lp.healthwalafitness.com/optin/ (hereinafter referred to as “website”). We would like to declare that HealthWala Fitness is the legal and business face of www.healthwalafitness.in, www. Healthwalafitness.com, http://lp.healthwalafitness.com/optin/ and will act as one if there are any
issues.
You are advised to regularly check for any amendments or updates to the terms and conditions from time to time. HealthWala Fitness reserves the right to add or change or update these Terms and Conditions, from time to time entirely at its own discretion. You are responsible for checking these Terms and Conditions periodically to remain in compliance with these terms. Your use of a site after any
amendment to the Terms and Conditions shall constitute your acceptance of these terms and you also agree to be bound by any such changes/revisions. Any clause of Terms and Conditions if deemed invalid, void or for any reason unenforceable, shall be deemed severable and shall not affect the validity and
enforceability of the remaining clauses of the terms and conditions. If you do not approve of the terms and conditions of the website or app you are free to leave this website or app. By continuing to use this website you are agreeing to the terms and conditions of this website. Products and services (as the case
may be) displayed on the website may not always constitute an offer to sell. We reserve the right to accept or reject your offer for any reason (or no reason) including, but not limited to, the unavailability of any product or services, an error in the price or product or service description, or an error in your order. We strictly have a No Refund Policy. Once the payment is made, it will not be refunded in all or any case. However, HealthWala Fitness will have a final call to refund the amount paid by the user. Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language only.
We will only dispatch the product or provide the services when we can confirm that the payment is
received in full in our bank account. In case a payment is declined either by your bank, credit/debit card
we won’t be able to dispatch the product or provide the services. Any order placed for a product or
service that is listed at an incorrect price may be cancelled. This shall be regardless of whether the order
has been confirmed and/or payment levied. In the event the payment has been processed, the same
shall be credited to your account and duly notified to you by email. HealthWala Fitness will have a final
call in this case. Any information obtained by HealthWala Fitness will only be used for the sole purpose
of this website. We assure you that this information won’t be provided to other companies and held
with us as Confidential. Customers also agree to receive promotional messages via Email, SMS or any
other medium. You agree not to access (or attempt to access) any part of the Website by any means
other than through the interface provided by us. We reserve the discretion to change and alter the look
and feel of the website. We do not need to inform you of these changes. We hold complete rights to
suspend/put on hold/stop your account. This means you cannot access this website. We will not be liable to you or any other party when doing so. When registering to become a member and activate an account, you must provide information like your name and address, and a valid email address. You agree
to provide accurate and complete information and to keep this information current. You will not try to contact the employees of the Company in person or on employees’ personal number and will only contact them on the number or on an email provided by HealthWala Fitness on the websiteor email. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. If you suspect or become aware of any unauthorized use of your account or that your password is no longer secure, you agree to notify us immediately. In case of an event/competition/contest/draw the winner is required to produce a valid form of photo identification. Failure to provide us the ID could lead to the winner being disqualified from the competition.
Privacy Policy
Please review our Privacy Policy, which also governs your visit to www.healthwalafitness.in, www.Healthwalafitness.com, http://lp.healthwalafitness.com/optin/, to fully understand our practices. Terms
and conditions are binding for all purchases of products/availing of services.
All orders are deemed offers for you to purchase our products or services.
We may accept your offer by issuing a confirmatory e-mail and/or mobile confirmation of the products/services specified in your order. Our acceptance of each such offer is expressly subjected to and conditioned on your assent to
these terms and conditions of sale of goods/services as the case may be. No other terms and conditions will apply.
Electronic Communication
When you visit or send e-mails to us, you are communicating with us electronically. By communicating with us, you consent to receive communication from us electronically. We will communicate with you by e-mail or by posting notices on our website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
Prices
HealthWala Fitness holds the rights in determining the price of any product or services displayed on the website. All prices posted on the website are subjected to change without prior notice. All prices are in Indian Rupees unless otherwise advised or displayed or informed. Prices are current when they are displayed. Prices prevailing at commencement of placing the order will apply. Posted prices do include all taxes and charges. There will be additional charges if you are paying by credit card.
Delivery of Products or Services
We would try to deliver the products/services in the mentioned time however we realize that there could be circumstances where we would be unable to meet our time frames. Schedules are estimates only and cannot be guaranteed. We are not liable for any delays. In case, the products/services are delivered /provided to you and not accepted by you due to reasons of your non-availability or any other reasons whatsoever, HealthWala Fitness will not be held responsible in such case. The services will start on a date informed to you by HealthWala Fitness.
Changes and Cancellation
All sales of goods/services as the case may be are final, provided, however, services may be cancelled before it is delivered. We may, without liability, cancel any services/shipment of product if our credit department does not approve your credit or if there are other problems with the payment mode selected by you.
Refund
Once payments are received, no return/refund can be entertained and HealthWala Fitness will have a final call in this case.
License and Website Access General: grants you a limited license to access and make personal use of this website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of No license for commercial sale: This license does not include any resale
or commercial use of this website or its content; any collection and use of any product listing, description, or pricing; copying of account information for the benefit of another merchant; or any use of data mining, or similar data gathering and extraction tools. No reproduction: This website or any portion of this website may not be reproduced, duplicated, copied, sold, visited, or otherwise exploited
for any commercial purpose without express written consent of www.healthwalafitness.in, www.Healthwalafitness.com, http://lp.healthwalafitness.com/optin/. No framing: You may not frame or
utilize framing technologies to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of and its affiliates without the express written consent. Metatags: You may not use any metatags or any other ‘hidden text’ utilizing name or trademarks without the
express written consent of www.healthwalafitness.in, www. Healthwalafitness.com,
http://lp.healthwalafitness.com/optin/. Any unauthorized use terminates the permission or license
granted by www.healthwalafitness.in, www. Healthwalafitness.com ,http://lp.healthwalafitness.com/optin/
Health Risk
HealthWala Fitness Private Limited does not take any responsibility for any adverse effects on your health. Any damages, monetary losses will not be borne by us. Upon contacting us you agree to the aforementioned facts. You should consult a physician or your family doctor before subscribing. HealthWala Fitness Private Limited will not be liable for the same.
Your Account
Protection of Your Account: As discussed further in the website’s privacy policy, by using this website, you agree that you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and agree to accept responsibility for all activities that occur
under your account or password. Use by Children: By shopping/availing services on this website you confirm that you are above the age of 18 and agree to the Terms and Conditions. We hold the rights to take legal action against any losses we incur as a result of minor shopping/availing services on our website without the consent of their guardian/parent. If you are under the age of 18 years, you may use only with involvement of a parent or a guardian and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders/services in their sole discretion.
Reviews, Comments, Communications, and other Content
Reviews, Comments, Communications, and other Content Nature of content: Visitors to healthwalafitness.in may post reviews, comments and other content; and submit suggestions, ideas, comments, questions or other information, as long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights to otherwise injuries to third party or objectionable and does not consist of or contains
False information: You may not use false email address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content.
Rights Granted: If you do post content or submit material and unless we indicate otherwise, you grant www.healthwalafitness.in, www. Healthwalafitness.com, http://lp.healthwalafitness.com/optin/ and its affiliates a non-exclusive, royalty fee, perpetual, irrevocable, and fully sub-licensed right to use, reproduce, modify, adapt, publish, translate, create derivative work from, distribute, and display such content throughout the world in any media. You grant Healthwala Fitness and its affiliate sites and sub- license the right to use the name that you submit in connection with such content if chooses.
Right Owned: You represent and warrant that you own all the rights or otherwise or control all of the rights to the content that you post; that the content is accurate; that the use of the content to supply does not violate this policy and will not cause injury to any person or entity and that you will indemnify or its affiliate for all claims resulting from the content you supply. HealthWala Fitness has the right but not the obligation to monitor and edit or remove any activity or content. HealthWala Fitness takes no responsibility and assumes no liability for any content posted by you or any third party.
Intellectual Property Rights
Copyright Protection: All content included on this site, such as texts, graphics, logos, button icons, audio clips, digital downloads, data compilations and software, is the property of or its affiliate sites and protected by the Indian Copyright law. The compilation of all the content on this site is the exclusive
property of and protected by Indian Copyright law. All software used in this site is the property of and is protected under the Indian Copyright law.
Trademarks:
i. Protected Marks: www.healthwalafitness.in, www. Healthwalafitness.com,
http://lp.healthwalafitness.com/optin/ & design, and other marks indicated on website are registered trademarks of HealthWala Fitness.
ii. Protected Graphics: All graphics, logos, page headers, button icons, scripts and service names are trademarks or trade dress of HealthWala Fitness trademarks and trade dress may not be used in connections with any product or service that is not of HealthWala Fitness. All other trademarks not owned by or its affiliates that appear on or its affiliate sites are the property of their respective owners, who may or may not be affiliated with, connected to, associated with
or its affiliates.
Governing Law and Jurisdiction
These terms and conditions will be construed only in accordance with the laws of India. In respect of all matters/disputes arising out of, in connection with or in relation to these terms and conditions or any other conditions on this website, only the competent Courts at Mumbai, Maharashtra shall have jurisdiction, to the exclusion of all other courts.
Disclaimer of Warranties and Limitation of Liability
THIS SITE IS PROVIDED BY ON AN “AS IS” AND “AS AVAILABLE” BASIS. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, HEALTHWALA FITNESS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HEALTHWALA FITNESS DOES NOT WARRANT THAT THE SITE, ITS SERVERS, OR EMAIL SENT FROM ARE FREE OF VIRUS OR OTHER HARMFUL COMPONENTS. WILL NOT BE LIABLE FOR
ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.
HealthWala Fitness is not into body building. It is strictly into fitness and a healthy lifestyle for prosperous living.
HealthWala Fitness Programme is strictly a No Steroids Programme. HealthWala Fitness is not into Anabolic Steroids game. HealthWala Fitness Obligations:
HealthWala Fitness will use its skills and knowledge to design a safe programme of exercise that will take into account Client’s lifestyle, personal goals, fitness levels and medical history.
HealthWala Fitness through specifically appointed Trainer will provide the coaching, supervision, advice and support that Client will need to achieve Client’s goals. Clients understand that the results of any fitness programme cannot be guaranteed. Client’s progress depends on Client’s effort and co-operation
in and outside of the sessions. In particular Client acknowledge that individual results may vary and no particular result is guaranteed by Client’s specifically appointed trainer by HealthWala Fitness. All client information will be kept strictly private and confidential.
Client’s Obligations:
i. It is understood between Client and Client’s Trainer that both must commit to Client’s training programme 100% in order for Client to achieve results.
ii. Clients agree to provide all the necessary details required in order to help the trainer design a fitness programme.
iii. Client understand and agree that it is Client’s responsibility to inform HealthWala Fitness / Trainer of any conditions or changes to Client’s health, now and on- going, which may affect Client’s ability to exercise safely and with minimal risk of injury.
iv. If Client’s trainer requires further medical information from a practitioner, Client may provide such details.
v. Client understands that there are inherent risks in participating in a programme of strenuous exercise. If Client sustain or claim to sustain any injury while participating training, Client acknowledge that neither the Trainer nor HealthWala Fitness is responsible, except where the injury was caused by Trainer’s gross negligence or intentinal act.
vi. Client’s trainer or HealthWala Fitness cannot be held liable in any way for any undeclared or unknown medical conditions.
vii. Any other task which is intimated to client on email by HealthWala Fitness.
Payments:
i. 100% Payment is to be paid in advance for the period subscribed for and further payments shall be required to be made by a Client in terms of the chosen period of training and level of fitness as required by a Client.
ii. No freezing of membership if Client can’t attend for a particular week/month. The membership will run from date to date starting from the time the payment is made.
Session Policy:
If the client is late for a session, the session will not be extended and will end at an appointed time. If the Trainer is late, additional time will be added to the Session or to subsequent Sessions.
Others:
i. The HealthWala Fitness /trainer is not liable if Client ignore his/her recommendation, at any time, to seek medical advice.
ii. The programme is a self-teaching programme and pictures will be required from the client with Front, Back and Side postures to evaluate the progress and effectiveness of the programme. The security team will ensure that no picture of any client is leaked or misused. No such contents shall ever be made available by HealthWala Fitness to any third party, outsider, social media websites and the privacy of the said content shall be the sole responsibility of HealthWala Fitness, subject to the condition that the client does not by himself/ herself publishes or make available intentionally or untentionally.
iii. Client will be added to various WhatsApp groups depending upon Client’s level of fitness. At no time any nudity, obscene, sexual or inappropriate contents shall be shared on the group. A strict decorum is to be maintained at all times. Proper courtesy has to be ensured. Right to Judge will be with HealthWala Fitness.
iv. Clients shall have an unfeterred and unrestricted responsibility to protect the privacy and sensitivity of the contents/ personal information shared on such WhatsApp group by HealthWala Fitness or the clients themselves. In the event any client breaches such solemn obligation, he/ she shall be liable without any limitation to make good all losses/ claims or damages or any harassment suffered by HealthWala Fitness / its trainers/ other members. This will be in addition to the forfeiture of the fees paid by such client in breach of his/ her obligation
besides termination of the membership. This clause will survive the termination of the relationship between HealthWala Fitness and clients.