These terms and conditions mentioned herein govern the terms of usage and conditions subject to which “Users” access the website www.fitx120.com (hereafter referred to as the “Website”), owned, operated and managed by FITX120, (hereafter referred to as the “Entity”) and run by a team headed by fitness coach Mr. Tharun Kumar.
These terms and conditions constitute a legal agreement between Users and the entity FITX120 and is an electronic record as per Information Technology Act, 2000 published as per Rule 4 of the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011. This electronic record is generated by a computer system and does not require any physical or digital signatures.
1. Applicability and Acceptance of terms and conditions
These terms and conditions apply to all the users of the website. The services of FITX120 are subject to the terms and conditions mentioned in the website and all users are required to access the website subject to these terms and conditions. By accessing the content on the website and browsing the same, users agree to have read, understood and abide by the terms and conditions thereof. If users do not agree to all the terms and conditions of this agreement, such users may not access the website or use any services. It shall also be the responsibility of the users to check for changes in terms and conditions, if there is any.
2. Services
FITX120 is a structured fitness program valid for 120 days only. After this period, the program expires, and users will need to renew if they wish to continue. The entity offers online fitness services and allied services under the brand name ‘FITX120’ which is a 120-day program, with sessions, programs permitting access to audio and/or video content relating to physical and/or mental fitness, nutrition, cookery, recreation, physical coaching and/or training session(s) relating to physical and/or mental and/or holistic fitness and/or wellness, nutrition, cookery, recreation. FITX120 shall ensure that all the content uploaded is compliant with the provisions of the Information Technology Act, 2000, rules, guidelines and regulations made thereunder, including Rule 3 of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
3. Eligibility
Users must be at least 18 to enrol in programs of FITX120 independently. If a user is below the age of 18, the user may use our services only with the supervision and written consent of a parent or guardian. For workout, holistic fitness and wellness sessions, users must ensure that they are physically and medically fit to participate in the sessions.
4. Online Payment services
While making payments online, users undertake to ensure that users use a valid payment card or bank detail or third–party wallets or details required for any other mode of payment with the authority to use the same, to have sufficient funds or credit available to complete the payment in good faith.
5. Fee Policy
On enrolment in a program, users acknowledge that there is a liability to pay the fee that is applicable for that program. Any promotion code or offer provided may not be used in conjunction with any other promotion code or offer, past or present. Introductory offers are only available to new users of the Platform, except where expressly stated otherwise. Previous users, do not qualify as new users. If a user enrols in a fitness course and subsequent to the same, if any offers or discounts are announced, FITX120 is not liable to make such offers and discounts applicable to persons who have already enrolled in a program prior to such announcement.
6. Refund Policy
To be eligible for a refund, users must adhere to the following conditions throughout the entire 120-day program duration from the date of enrolment. (1) Progress Tracking: Users are required to consistently log their data in the progress tracking sheet and upload weight and body photographs to their designated drive folder; (2) Attendance: Users must attend weekly trainer meetings without any absences and (3) Compliance: Users must follow the prescribed diet and workout plans, and update the progress tracking sheet for all 120 days. If, after fulfilling all these conditions, there is still no observable transformation, users may request a refund. Approved refund requests will be processed after analysis and, if eligible, the amount will be refunded to the original payment source. Refunds will NOT be provided for the following reasons: (1) Dissatisfaction with course modules or personal dislike (2) Lack of program usage (3) Family or personal emergencies (4) Unrealistic expectations (e.g., “I expected a lot from this course, but I already know this material.”)
Renewal: To renew their subscription, users must pay the full program amount again. No discounts are available for renewals. Pause: Clients may request to pause their subscription, but this will only be granted if they provide a valid reason. Partial Payments: If a user pays only 50% of the program fee upon enrolment, they will have a 30-day period to complete the remaining payment. If the balance is not paid within this time, access to the program will be terminated.
7. Privacy Policy
By accessing the website, users are subjected to the privacy policy of the Entity. When a user accessing the website of the Entity, only when there is a necessity to collect information from the user, the same is collected and used in compliance with the privacy laws applicable. By enrolling in FITX120, users agree to share their information as needed for the program. No separate consent will be requested, as this is implied through enrolment. Users who access the website expressly agree to receive communications from FITX120, or anyone authorised by FITX120. Photographs of users may be used to display client testimonials with before and after photographs of the user. Users acknowledge that their photographs will be displayed on the website and will be accessible to all users.
8. Ownership of Intellectual Property Rights
All rights, title and interest including all intellectual property rights including all text, images, complete content, any derivatives or modifications shall belong to and vest entirely in FITX120 alone. The design, structure, selection, co-ordination, expression, look and feel and arrangement of such Content is protected by copyright laws and trademarks, logos and service marks are protected by trademark laws.
9. Fair-Use Policy
All users must ensure that they follow Fair-use policy. Users shall not distribute or sell, rent, lease, license or otherwise make any content on the website available to others. The content available on the website and in the course of sessions shall be available to users only personal and non-commercial use. If the content of the website, programs and sessions are misused by any user, such usage can be terminated by FITX120.
10. Prohibited Usage
No user shall directly or indirectly use the content belonging to FITX120 including images for any illegal, misleading, or fraudulent activity, defame, abuse, harass, threaten or do any other activity which infringes the rights of FITX120 or others, or publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information. Users agree not to access or attempt to access the website and the materials thereof, by any means other than through the interface that is provided by the FITX120. Users shall not use any deep-link, robot or other automatic device, program, algorithm or methodology. Users undertake not to defame or otherwise violate the legal rights of FITX120 or any persons/entities associated. Users agree not to copy, republish, post, display, translate, transmit, reproduce or distribute any content through any medium without obtaining authorization from FITX120.
11. Violation of the Terms & Conditions
Violation of any of the terms and conditions mentioned herein by any user will cause irreparable harm and such user shall be liable to adequately compensate for such violation. If any harm is caused by misuse or abuse of the content of FITX120 by any user, such user shall be held solely responsible to indemnify for the same.
12. Doctrine of Severability
If any of the provisions of the Terms and Conditions, or any portion thereof is made unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intention of the parties, and the remainder of the Terms and Conditions shall continue to be in force and effect.
13. Transferability
All rights that users have, are transferable rights. Users can transfer their subscription to their friends or family if they do not wish to continue.
14. Liability to assess limitations
Users shall analyse and understand each one’s physical and medical limits and attend the sessions within the said limits. Hereby, users agree that participation in the sessions by their very nature, include certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries or losses. Users hereby assert that their participation in the sessions is voluntary and that users have knowingly assumed all such risks involved in the training that is followed and the products that are used by the users on the recommendation of the coaches of FITX120, and hence hereby release FITX120 of all liability arising thereof.
15. Booking of one-to-one sessions
Access to one-to-one sessions shall be subject to the slot availability and shall be accessible on first–come–first–serve–basis.
16. Professional medical and psychological Disclaimer
Users acknowledge that the services provided by FITX120 shall not be interpreted as a professional medical advice or opinion. No doctor-patient relationship is created herein. If users are currently under the care of a medical professional, it is recommended that the user promptly informs them of the nature and extent of the program that the user enrols in. Users acknowledge that coaching does not involve the diagnosis or treatment of mental disorders and that coaching is not to be used as a substitute for counselling, psychotherapy or other professional advice by medical professionals and that it is the users’ exclusive responsibility to seek such independent professional guidance as needed.
17. Amendment
Despite ardent efforts to avoid all inaccuracies, the contents of the website may contain typographical errors, or omissions. We reserve the right to correct any errors, or omissions and to change or update the information on the website at any time, without prior notice.
18. Term and Termination
The terms and conditions mentioned herein will remain in force and effect until repudiated. The Entity reserves sole discretion in determining the termination thereof.
19. Grievance and Dispute Redressal
If a user has a complaint or grievance to report, the user must provide a detailed description of the complaint or grievance sent to the mobile number +91–9840093351 and the Entity will endeavour to resolve the user’s grievances within 7 (seven) days from the date of receipt of such grievance, or within such timeframe stipulated under applicable laws.
20. Dispute Resolution and Jurisdiction
If any dispute arises under this Agreement or in relation to any Service offered by the Entity, the parties shall use all reasonable endeavours to resolve such disputes amicably. If the parties are unable to resolve the disputes amicably within 30 days of the notice of such dispute, a mutually agreed upon Arbitrator shall be appointed to resolve any Dispute by a binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996. Any dispute that arises shall be subject to the exclusive jurisdiction of applicable authorities within the limits of Chennai.
