TERMS AND CONDITIONS
This user agreement ("Agreement") is an agreement between you ("You") and TLG Techfit Private Limited ("Alpha Coach" or "we" or "us" as the context requires) governing the: (i) your use of our website ("Site") and our mobile application ("App") and/or (ii) availing of our Services by you, which includes, guidance on how to improve their fitness and how to integrate fitness into their individual lifestyles (referred to collectively as the "Services"). The term Alpha Coach shall mean and include its subsidiaries and affiliates ("Subsidiaries and Affiliates") and to that extent they are bound by the terms of this Agreement.
1.1. Initial Access - Access to the Site/App is available to every User, however any feature displayed on the Site/App is provided by us on a temporary basis and for promotional purposes, and we reserve the right to: (i) withdraw or amend the promotional features that we provide on our Site/App; and/or (ii) restrict your access to some parts of our Site/App, without prior notice to you. We shall not be liable for exercising our right set forth hereunder.
1.2. Full Access - To access the Services and view full contents of the Site/App, you will need to register on the Site/ App and you will be able to access after you create a "Registered User" account. In order to become a Registered User, you will be required to furnish certain information and details, including your name, mobile number, e-mail address, residential address and any other information deemed necessary for registration. Once you complete your registration on the Site/App, the Site/App:
1.2.1 allows you to have full access and view contents on the Site/ App;
1.2.2 allows us to contact you and vice versa, if necessary;
1.2.4 allows you to make use of the Services and other functionality that we may establish and maintain on the Site/ App from time to time, subject to these terms and conditions.
1.3. Availing the Services - To access the Services, you shall be required to register yourself and maintain an account as a Registered User with the Site/App, provide us with requisite information (depending on the service availed by you) and make requisite payment in that regard (as defined hereinbelow).
2.1. Most Services made available to you are subject to the payment of consideration ("Subscription Fees"), which shall vary depending on the type of Service being availed by you and the cost associated in providing the Services to you. Services requiring payment are always clearly indicated on the Site/ App. If you elect to use paid aspects of the Site/App, you agree to the terms of sale, pricing, payment mechanism, and billing process applicable to such Subscription Fees.
2.2. The Subscription Fees payable (which includes GST) can be found on this Site/App.
2.3. We accept payment by credit card, debit card, net banking and/or other modes of payment accepted by our present payment gateway service providers, "Razorpay" and "Shopse", and include any other payment gateway that we may add in the future. Payment details, together with details of the online coaching package applied for, shall be collected by the payment gateway service provider by using a secure financial data collection mechanism authorised by the Reserve Bank of India.
2.4. Once the Subscription Fees has been paid for, you agree that such payment is non-refundable.
2.5. Alpha Coach may add new services for additional fees and deposit, or amend Subscription Fee for existing services, at any time in its sole discretion.
3. WARRANTIES AND REPRESENTATIONS
By using the Services and completing the registration process, you represent and warrant that: (a) all the information provided by you at the time of registering is accurate and complete; (b) you shall maintain the accuracy of such information, and any changes thereto shall be regularly updated; (c) you affirm that you are over 18 (eighteen) years of age and are fully able and competent to enter into, abide by and comply with this Agreement; (d) you are competent in accordance with applicable laws to enter into a binding contract and are not a person barred from using the Site/App and/or receiving the Services under applicable laws; and (e) you are entitled to use the Site/ App in compliance with applicable national and international laws. We shall not be liable for any events, including injury, damage or other health related or otherwise, arising as a consequence, of any inaccurate/untrue representation provided by you on the Site/App.
4.1. Alpha Coach grants you permission to use the Services as set forth in this Agreement, provided that: (i) you will not copy or distribute, any part of the Site/App in any medium or in any manner whatsoever without Alpha Coach's explicit authorisation in this regard; and (ii) you will otherwise comply with the terms and conditions of this Agreement.
4.2. Upon completing the registration process, you will be provided with a username, password, or any other piece of authentication information, as may be required by our security procedures. You must treat such information as confidential, and you must not disclose it to any third party. You also agree to ensure that you exit/log out from your account at the end of each session. Alpha Coach has the right to disable any username/account, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of this Agreement. You will immediately notify Alpha Coach of any unauthorized use of your password or username, by sending details of such unauthorized use to: email@example.com.
4.3. You are responsible for making all arrangements (hardware, software, etc.) necessary for you to have access to our Site/App and, thereby the Services. You are also responsible for ensuring that any persons who access our Site/App and, thereby the Services through your account are aware of these terms, and that they comply with them. You are also solely responsible and liable to Alpha Coach for all activities that take place or occur under your account from your devices. You agree that your ability to log into your account is dependent upon external factors such as internet service providers and internet network connectivity and we shall not be liable to you for any damages arising from your inability to log into your account.
4.4. Whenever you make use of the Services (or any feature or part of the Services) that allows you to upload/post material, content, information, news, feedback, comments, questions, data, documents, pictures, and other information ("User Material") on the Site/ App, you must ensure that your User Material must not violate the following standards ("User Material Standards"), i.e., must not
4.4.1 belong to another person and contain any information that breaches his privacy;
4.4.2 be defamatory, obscene, offensive, pornographic, hateful, harmful, insulting or harassing on the basis of gender, defamatory, vulgar, lewd, blasphemous, lascivious, invasive of another's privacy (including bodily privacy), racially, ethnically or otherwise objectionable or inflammatory, disparaging, relating or encouraging money laundering or gambling or violating laws of any jurisdiction in force (including data protection laws);
4.4.3 promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
4.4.4 infringe any intellectual property including copyright, database right or trademark of any other person;
4.4.5 be in violation of any legal duty owed to a third party, terms of a contract or confidence;
4.4.6 be likely to harass, upset, embarrass, alarm, or annoy any other person or be harmful to child/minors;
4.4.7 impersonate any person, or misrepresent your identity or affiliation with any person;
4.4.8 advocate, promote, incite any third party to commit, or assist any unlawful or criminal act;
4.4.9 contain a statement which you know or believe, or have reasonable grounds for believing, that if published is likely to directly or indirectly encourage or induce others to commit, prepare or instigate such person to commit an acts of terrorism;
4.4.10 be such that it is known by you to be false, inaccurate, or misleading;
4.4.11 contain any computer/software viruses, any computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource or other program for potentially damaging or limiting the functionality of any computer programs or files.
4.4.12 threatens the unity, integrity, 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 to another nation;
4.4.13 is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
4.5.1 we may at our discretion take down any such User Material immediately;
4.5.2 immediate, temporary, or permanent withdrawal of your right to use the Services and simultaneous termination/suspension of your account on the Site/App
4.5.3 immediate, temporary, or permanent removal of any other User Material already posted on the Site/App, upon your failure to cure the breach that is brought to your notice;
4.5.4 initiate legal proceedings against you seeking legal, injunctive, or other equitable remedy; and/or
4.5.5 disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
4.6. By submitting User Material, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such User Material in any and all media or distribution methods (now known or later developed). You agree that others may use your User Material in the same way as any other content available through the Services. Other users of the Services may fork, tweak, and repurpose your User Material in accordance with these Terms. If you delete your account, your User Material may remain available through the Services. You understand that, Alpha Coach while performing the required technical steps to provide the Services to our other Users, may: (a) transmit or distribute your User Material over various public networks and in various media; and (b) make such changes to your User Material as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that the license provided by you shall permit Alpha Coach to take these actions. You confirm and warrant to Alpha Coach that you have all the rights, power, and authority necessary to grant the above license.
4.7.1 Distribute, download, sell, supply, modify, adapt, amend, incorporate, merge, or otherwise alter the information/content provided to you as part of the Services or the Site/App;
4.7.2 Attempt to decompile, reverse engineer, or otherwise disassemble any Service or content provided to you as part of the Services or the Site/App;
4.7.3 Attempt to copy any software provided to you as part of the Services or the Site/App and its source code, or attempt to decrypt any part of such software that is provided to you;
4.7.4 Create any derivative work or version of any software/information/content provided by us in relation to or to facilitate the use of our Services or any content provided as part of the Services;
4.7.5 Remove, from the Services or any content provided as part of the Services, any logo, copyright or proprietary notices, legends, symbols, labels, watermarks, signatures, or any other like marks affixed to or embedded in the Services;
4.7.6 Use the Services or any part of it to create a false identity, to impersonate any person or organization, or attempt to disguise the origin of any content;
4.7.7 Use Alpha Coach's domain name or a domain name which is similar to Alpha Coach's domain name;
4.7.8 Access or use of the Site/App in any manner that could damage, disable, overburden, or impair any of the Site/App's servers or the networks connected to any of the servers on which the Site/App is hosted;
4.7.9 Access or attempt to access any content that you are not authorized to access by any means;
4.7.10 Access the Site/App through any other means other than through the interface that is provided by us;
4.7.11 Alter or modify any part of the Services/ content provided as a part of the Services; and
4.4.12 Disrupt or interfere with the security of, or otherwise cause harm to the Site/App, materials, system resources, or gain unauthorized access to the user accounts, passwords, servers or networks connected to or accessible through the Site/App or any affiliated linked sites.
4.8. Upon termination/suspension of your account, you will no longer be able to access your account or any User Material or data you have stored on the servers. All licenses granted to you by Alpha Coach to you on the Site/App or the Services will automatically terminate.
4.9. Following the expiry or termination of your subscribed Service, you shall not, directly or indirectly, engage any active Alpha Coach appointed trainer or instructor in a private manner.
6. RIGHTS RESERVED BY ALPHA COACH
6.1. We are not responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other User of the Services.
6.3. We have the right to investigate and report to authorities for prosecution for the violations of the terms and conditions of this Agreement to the fullest extent of the law and may involve and cooperate with law enforcement authorities in prosecuting Users who violate the terms and conditions of this Agreement.
6.4. While we have no obligation to monitor your access to or your use of the Services/ content (or any feature or part of the Services), we have the right to do so for the purpose of operating the Site/ App and providing the Services, to ensure your compliance with the terms and conditions of this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
6.5. Upon receiving actual knowledge in the form of an order by a court of competent jurisdiction or on being notified by the Appropriate Government or its agency, we will discontinue from hosting, storing or publishing any unlawful information and we will remove or disable access within 36 (thirty six) hours, to that information which is prohibited under any law for the time being in force in relation to the interest of the sovereignty and integrity of India; security of the State; friendly relations with foreign States; public order; decency or morality; in relation to contempt of court; defamation; incitement to an offence relating to the above, or any information which is prohibited under any law for the time being in force.
6.7. Any information collected from you during registration, shall be retained by us for a period of 180 (one hundred and eighty) days after any cancellation or withdrawal of his registration.
6.8. We shall be entitled to report any cyber security incidents and share related information (including your User Materials, identity and/or Personal Information) with the court, governmental agencies having jurisdiction on us, and/or Indian Computer Emergency Response Team in accordance with the policies and procedures as mentioned in the Information Technology (The Indian Computer Emergency Response Team and Manner of Performing Functions and Duties) Rules, 2013
6.9. Subject to the receipt of a complaint/grievance from a User, we have the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse, or remove any or all Content from any Service. Alpha Coach may (but shall be under no obligation to) use tools to filter out explicit sexual content or any content which it deems to be unsuitable at its sole discretion.
6.10. We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to: (a) satisfy any applicable law, regulation, legal process or governmental request; (b) enforce the terms and conditions of this Agreement, including investigation of potential violations hereof; (c) detect, prevent, or otherwise address fraud, security or technical issues; (d) respond to user support requests; or (e) protect the rights, property or safety of Alpha Coach, its Users and the public. Alpha Coach shall not be responsible or liable for the exercise or non-exercise of its rights under the terms and conditions of this Agreement in this regard.
6.11. We reserve the right to introduce or change the prices of any and all Services. Notice of such change may be provided at any time by posting the changes on the Site/App itself.
6.12. Alpha Coach shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Services.
7.3. It is also possible that your use of the Services will result in you receiving information regarding products, merchants, and links to sites of third parties selling the products requested by you. Alpha Coach hereby disclaims any and all responsibility and liability associated with the same. You acknowledge and agree that Alpha Coach is not liable for any loss or damage which may be incurred by you as a result of the availability of such external sites or resources on our Site/App (if any), or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on or available from our Site/App.
7.4. Your correspondence or business dealings with, or participation in promotions of, advertisers you found on the Site/App or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser or vendor. You agree that Alpha Coach shall 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 advertisers or the vendors through the Site/App.
7.5. The Site/App may sometime contain links to other web sites or resources for your convenience to provide further information. Given that we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that we 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 use of or reliance on any such content, goods or services available on or through any such site or resource. You shall not create a link to the Site/App from another website or document without the Alpha Coach's prior written consent.
7.6. The information provided on the Site/App is provided on an "As Is Basis" and we assume no liability for the accuracy or completeness or use or non-obsolescence of such information. We shall not be liable to update or ensure continuity of any information/content contained on the Site/App. We would not be responsible for any errors which might appear in (i) such information/content; (ii) information/content which is compiled from third party sources; or (iii) for any unavailability of such information.
7.7. Certain contents on the Site/App may contain opinions and views of third parties. Alpha Coach shall not be responsible for such opinions or any claims resulting from them. Further, Alpha Coach makes no warranties or representations whatsoever regarding the quality, content, completeness, or adequacy of such information and data.
7.8. Some parts of the App/Site are interactive, and we encourage contributions by Users, which may or may not be subject to editorial control prior to being posted. Alpha Coach reserves the right at its sole discretion to remove, review, edit or delete any content. However, Alpha Coach will not be responsible or liable for any User Material or any content uploaded by Users directly on the Site/App, irrespective of whether we have certified any answer uploaded by the User. Alpha Coach would not be responsible to verify whether such questions/answers or any material placed by any user contain infringing or unlawful materials or not.
7.10. While Alpha Coach has made efforts to ensure that the personnel advising are educated, technically qualified, and trained in the field on which they are advising, in order to enable quality control. However, Alpha Coach makes no warranties or representations whatsoever regarding the quality and competence of such personnel and would not be responsible for any deviant behaviour of any such personnel. Any feedback from User relating to the same is most welcome and Alpha Coach reserves the right and discretion to take any action in this regard.
7.11. Access to certain elements of the Services may be subject to the provisions of this Agreement and fair usage policy. Alpha Coach reserves the right to determine the criteria for provision of various elements of Services to the different categories of Users based on its policies. Hence, subscription to the Services or registrations do not automatically entitle the User to any and all elements of Site/App/Services provided by Alpha Coach. Alpha Coach shall be entitled to exercise its discretion while providing access to and determining continuity of certain elements of Site/App/Services. Alpha Coach reserves the right to extend, cancel, discontinue, prematurely withdraw or modify any part of the Services at its discretion.
7.12. Alpha Coach has the right to change modify, suspend, or discontinue and/or eliminate any aspect(s), features, or functionality of the Site/App/Services as it deems fit at any time without notice. Further, Alpha Coach has the right to amend the terms of this Agreement, from time to time, without prior notice to you. Alpha Coach makes no commitment, express or implied, to maintain or continue any aspect of the Site/App. You agree that Alpha Coach shall not be liable to You or any third party for any modification, suspension, or discontinuance of the Site/App /Services.
7.13. You agree that your use of the Site/App/Services shall be at your sole risk. You expressly understand and agree that, to the maximum extent permitted by applicable law, the Site/App/ Services are provided on an "As Is" and "As Available" basis for your use, without warranties of any kind, express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising from course of dealing or usage of trade. Alpha Coach shall use all reasonable endeavours to ensure that the Site/App/ Services are capable of being used in an uninterrupted manner but it does not guarantee or warrant that: (i) the Site/App/ Services will meet your specific requirements; (ii) the Site/App/ Services will be uninterrupted, timely, secure, or error-free; and (iii) the quality of any Services, content, information, or other aspect availed, purchased or obtained by you through the Site/App will meet your expectations; and (iv) any errors in the Services/Site/App will be corrected by Alpha Coach at its discretion.
7.14. If you are older than 35 (thirty five) years of age, or if you have not been physically active for more than 1 (one) year, or if you have any medical history that may put you at risk, including, without limitation, one or more the following conditions, you are required to seek approval from a qualified health care practitioner prior to using the Services:
- heart disease;
- high blood pressure;
- family history of high blood pressure or heart disease;
- chest pain caused by previous exercise;
- dizziness or loss of consciousness caused by previous exercise;
- bone or joint problems;
- diabetes, high cholesterol, obesity; or
7.15. You should discontinue exercise in cases where it causes pain or severe discomfort and should consult a medical expert prior to returning to exercise in such cases. We reserve the right to deny you access to the Services for any reason or no reason, including if we determine, in our sole discretion, that you have certain Medical Conditions. By purchasing an online coaching package from Alpha Coach, you confirm that:
7.15.1 you are physically able to undertake an exercise program with Alpha Coach and that none of the Medical Conditions apply to you; or
7.15.2 If one of the Medical Conditions does apply to you or you have knowledge of any pre-existing medical conditions, that you have sought medical advice and a medical practitioner has confirmed that you are physically able to undertake such program with Alpha Coach. For the purpose of this clause only "Medical Conditions" shall include any of the following:
- a doctor or medical professional has ever diagnosed you with a heart condition and indicated that you should restrict your physical activity;
- when performing physical activity, you frequently feel pain in your heart and/or chest;
- in the past month, when you are not engaging in physical activity, you have experienced heart and/or chest pain;
- you ever faint or get dizzy and lose your balance;
- you have an injury or orthopaedic condition, such as a back, hip or knee problem, which may worsen due to a change in physical activity;
- you have high blood pressure and/or a heart condition in which a doctor or medical profession is currently prescribing medication;
- you are pregnant or think you may be pregnant;
- you have insulin dependent diabetes;
- you are over age of 65 and not accustomed to vigorous exercise; or
- you know of any other reason why exercise or increasing your physical activity may adversely affect your health.
7.16. The content of the Site/App, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute/substitute professional medical advice, diagnosis, treatment or recommendations of any kind. You should always seek the advice of your qualified heath care professionals with any Questions or concerns you may have regarding your individual needs and any medical conditions. You agree that you will not under any circumstances disregard any professional medical advice or delay in seeking such advice in reliance on any content provided on or through the Site/App. Reliance on any such content is solely at your own risk.
7.17. Physical exercise can be strenuous and subject to risk of serious injury. Accordingly, Alpha Coach recommends that you obtain a physical examination from a doctor before using any exercise equipment or participating in any exercise activity. You agree that by participating in physical exercise or training activities, you do so entirely at your own risk. Any enhancement products are entirely your responsibility and you should consult a physician or other expert practitioner as the case may be prior to undergoing any dietary or food supplement programme or changes. You further hereby agree that you are participating in these activities of your own volition and initiative and that by using the advice of Alpha Coach, you hereby acknowledge and assume all risks of injury, illness, or death. Any advice or information provided by Alpha Coach or its coaches is for informational purposes only and should not replace the advice of your doctor. Fitness and nutritional advice are subject to constantly evolving knowledge in relation to health, nutritional and sports science. Although we base our coaching and nutritional tips on current studies and knowledge, we do not guarantee that these reflect the most up to date research findings.
7.18. It is your responsibility to send your weekly check-in and maintain contact with your allocated trainer. If the trainer does not hear or receive check-ins from you, they are not obliged to follow up with or chase you.
7.19. You acknowledge that you have carefully read the terms and conditions of this Agreement and fully understand that they include and incorporate a comprehensive and binding release of liability by you in respect of Alpha Coach and its employees, directors and officers and any appointed or contract trainer(s) and/or instructor(s). Under the terms of this Agreement herein, you expressly agree to release and discharge (and/orAlpha Coach and its employees, directors, officers, the trainer(s) and instructor(s) of Alpha Coach) from any and all claims or causes of action and you agree to give up, release or waive any right that you may otherwise have to bring any such legal action against them in the form of indemnity, damages, tort claim or equity claim. For the avoidance of doubt, to the extent lawfully permitted, the release and waivers set out in this clause 7 above includes any action under the tort of negligence (whether such negligence is founded in statute, common law or otherwise).
7.20. You acknowledge that the use of the Site/App/Services, including merchandise, and programs (including personal training) involves an inherent risk of personal injury to you ("Injury"). You voluntarily agree to assume all risks of Injury to you and/or resultantly to your family members, guests or invitees and hereby waives any and all right to seek claims or initiate actions against the Alpha Coach and/or its affiliates, respective officers, directors, shareholders, employees, agents, successors and/or assigns for any such Injury. No person or entity shall be liable to you and/or you family members, guests or invitees for any such Injury; including, but not limited to: (i) Injuries arising from availing the Services, using of the Site/App and/or any exercise equipment, machines, steaming booths, hot tubs, spas, saunas, showers and dressing rooms (collectively "Equipment"); (ii) Injuries arising from participation in supervised or unsupervised activities and programs within the Site/App/Services (whether by using any Equipment or not), (iii) Injuries arising from your negligence, whether direct or indirect; (iv) Injuries, disease, infection or medical disorders resulting from using the Site/Apps, any Equipment or from availing the Services; including, but not limited to diseases, ailments, heart attacks, strokes, heat stress, sprains, broken bones and torn or damaged muscles, ligaments or tendons; and (v) accidental Injuries while using the Site/App/Services; including, incidents due to usage of the Equipment. You hereby expressly waive all claims against Alpha Coach and/or its affiliates, respective officers, directors, shareholders, employees, agents, successors and/or assigns for any claims that you may have under any of the applicable laws due to the aforementioned Injuries.
8. INTELLECTUAL PROPERTY
8.1. All right, title, and interest in usage of the terms of this App/Site/content/Services, including but not limited to all texts, graphics, user interfaces, visual interfaces, computer code and any other information associated therewith are reserved by us.
8.2. All right, title, and interest in and to the App/Site/content/Services are and will remain the exclusive property of Alpha Coach and its licensors. Any use of this App/Site/content/Services, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited.
8.4. By accepting the use of terms hereunder you agree that the Alpha Coach does not transfer/assign the title of the Site/App to you, and nothing in the terms and conditions of this Agreement shall imply or be deemed or construed to mean that any right, title and interest (including but not limited to intellectual property rights) stands transferred/assigned to you, we retain the full and complete right, title and interest to the Site/App, and all intellectual property, title and interest to the Site/App, and all intellectual rights therein. You shall not redistribute, sell, decompile, reverse engineer, dissemble, or otherwise reduce the Site/App in any manner which is contrary to this Agreement.
8.5. Any usage of the App/Site/content/Services, without the written authorization of Alpha Coach, shall be considered a breach of this Agreement, and you shall be required to indemnify Alpha Coach for all liability incurred in this regard.
9. LINKING TO THE SITE
9.1. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any Site/App that is not owned by you.
9.2. Our Site/ App must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The Site/App from which you are linking must comply in all respects with the content standards set out in the terms and conditions of this Agreement.
9.3. These linked sites are under no way in control of Alpha Coach and we shall not be held responsible for the contents of any linked sites, including without limitation to any link contained in the linked site or any changes or updates to linked site. We shall not be held responsible for any transmission whatsoever received by you from any linked site. The Site/ App provides links to you only as a convenience and the inclusion of any link does not imply endorsement by us or any association with its operators or owners. You are requested to verify the accuracy of all information on your own before relying on such information
9.4. If you wish to make any use of material on our Site/ App other than that set out above, please address your request to firstname.lastname@example.org.
10. INDEMNITY AND LIMITATION OF LIABILITY
10.1. You agree to defend, indemnify and hold harmless Alpha Coach, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service/Site/ App/content; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation, any copyright, property, or privacy right; or (iv) any claim that your User Material caused damage to a third party. This indemnification obligation will survive this Agreement and your use of the Service and/or the Site/App.
10.2. The content/material displayed on our Site/App is provided without any guarantees, conditions, or warranties as to its accuracy. Alpha Coach is not liable for:
10.2.1 conditions, warranties, and other terms, which might otherwise be implied by statute, common law, or the law of equity;
10.2.2 Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Services, our Site/ App or in connection with the use, inability to use, or results of the use of the Services or our Site/ App, any Sites linked to it and any materials posted on it, including, without limitation any liability for:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time; and
- for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable or advised of the possibility of the same.
10.2.3 Our liability to you shall under all circumstances be limited to a maximum of the amount paid by you (if any) at the time of registration on our Site/App to use the Services.
10.2.4 In the event of you breaching this Agreement, you agree that Alpha Coach will be irreparably harmed and may not have an adequate remedy in money or damages. In such an event, Alpha Coach shall be entitled to obtain an injunction and/or other equitable remedy against such a breach from any court of competent jurisdiction. Alpha Coach's right to obtain such relief shall not limit its right to obtain other remedies.
11. FORCE MAJEURE
11.1. Alpha Coach shall not be liable for any failure to perform or delay in performance of any of its obligations under this Agreement due to Force Majeure. For the purpose of this clause, "Force Majeure" shall mean fire, explosion, flood, earthquake, Act of God, act of terrorism, war, rebellion, riots, sabotage, strike, lockout, stoppage of work, aggravated epidemic, aggravated pandemic, failure or diminishment of power, internet availability or other services not under the control of either of the Parties, governmental or military acts or orders or restrictions, terrorist attack, cyber-attack, power outage or any such events or circumstances which are wholly outside the control of the Alpha Coach and/or any party affected thereby.
11.2. Alpha Coach will use all reasonable endeavours to mitigate the effect of Force Majeure. Should an event of Force Majeure continue for a period of longer than 45 (forty-five) consecutive days and Alpha Coach is still unable to perform its obligation, then Alpha Coach may terminate the arrangement with you under this Agreement upon notice to you without being liable for any compensations or claims.
11.3. Nothing contained in this Agreement should be used as an excuse to delay payment of any dues owed to any Party under this Agreement.
12. GOVERNING LAW
12.1. The jurisdictional court of Mumbai, India shall have sole jurisdiction over any claim arising from, or related to, a visit to / use of the Site/ App or the Services. In case you are from a different country, we retain the right to bring proceedings against you for breach of any of the terms and conditions of this Agreement in India or your country of residence, country of use or other relevant country. The laws of Mumbai, Maharashtra, India govern this Agreement and these terms and conditions of use of the Services.
12.2. Alpha Coach accepts no liability whatsoever, direct or indirect, for noncompliance with the laws of any country other than that of India, the mere fact that Site/ App can be accessed or used or any facility can be availed of in a country other than India will not imply that we have anything to do with your jurisdiction or its citizens or accede to the laws of such country.
13.3. Assignment: You cannot assign or otherwise transfer Your obligations under this Agreement, or any right granted hereunder to any third party. Alpha Coach's rights under the Agreement are freely transferable by Alpha Coach to any third parties without the requirement of seeking your consent.
13.4. Waiver: No failure on the part of any Party to exercise, and no delay on its part in exercising, any right or remedy under this Agreement shall operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by Applicable Law.
13.5. Severability: In the event that any provision of this Agreement is determined to be invalid or unenforceable in any jurisdiction, the remaining provisions herein shall remain in full force and effect and shall be liberally construed so as to effectuate the purpose and intent of the parties as stated in this Agreement.
13.6. Relationship: The Parties expressly agree that nothing contained herein shall be deemed to create any association, partnership, joint venture or relationship of principal and agent or master and servant or employer and employee between the Parties hereto or to provide either Party with the right, power or authority, whether express or implied to create any such duty or obligation on behalf of the other Party.
You consent to receive/ communicate data, information, updates from TLG Techfit Private Limited regarding the Services, through valid modes of communication which includes but not limited to emails, messages etc. We provide you with the opportunity to opt-out of receiving non-essential (promotional, marketing-related) communications from us after setting up an account. If you wish to remove your contact information from all TLG communication lists and newsletters, please communicate the same in writing to TLG Techfit Private Limited on email@example.com
You consent to receive/communicate on whatsapp with TLG Techfit Private Limited.
Any feedback You provide with respect to the Site/App/Services shall be deemed to be non-confidential. The Site/App shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that: (i) Your feedback does not contain confidential or proprietary information of you or of third parties; (ii) Alpha Coach is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) the Site/App/ Services may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from Alpha Coach for the feedback under any circumstances, unless specified.
16. GRIEVANCE REDRESSAL AND CUSTOMER CARE
16.1. We make all best endeavours to provide you with a pleasant experience. If you have any questions about the Site/App/Services, please contact us at firstname.lastname@example.org.
Name: Ketan Mavinkurve
Contact Number: +919321897208
Email id: email@example.com
16.3. Grievance Officer shall upon receipt of such complaint - (i) acknowledge the complaint within 24 (twenty-four) hours and dispose-off such complaint within a period of 15 (fifteen) days from the date of its receipt in the manner set-forth in Clause 4.5 hereinabove; (ii) seek/avail requisite advisory, order, notice or direction from the appropriate governmental agency, any competent authority or a court of competent jurisdiction; and/or (b) within 24 (twenty-four) hours from the receipt of a complaint/grievance from you or any person on your behalf, in relation to any content which is prima facie in the nature of any material which exposes your or any individual's private area, shows such individual in full or partial nudity or shows or depicts such individual in any sexual act or conduct, or is in the nature of impersonation in an electronic form, including artificially morphed images of such individual, take all reasonable and practicable measures to remove or disable access to such content. You can provide us with the requisite details of your grievance/the violation/ violative content or communication link, as may be necessary, to the email-id of the Grievance Officer.