Welcome to MYND your fitness LLP
This user agreement (“Agreement”) is an agreement between you and Mynd Your Fitness LLP (“MYF” or “we” or “us” as the context requires) governing your use of MYF’s products, software and/or services with the characteristics and features as described on https://www.myndyourfitness.com (“Website”) and the MYF mobile App (“App”) and your use of the Health Tips and Eat Better section made available on the Website and App (referred to collectively as the “Services“). MYF may have subsidiaries and affiliated legal entities around the world (“Subsidiaries and Affiliates“), providing the Services to you on behalf of MYF. You acknowledge and agree that the Subsidiaries and Affiliates will be entitled to provide the Services to you under the terms of this Agreement.
By accessing the Website and the App, at your option, registering thereon and thereafter using the Services as a member or guest, you agree to be bound by this Agreement and the terms contained in it. This Agreement governs your access and use of this Website/ App and applies to all visitors, users and others who access the Service (“Users”).
MYF will not be liable for any consequences arising from your unauthorized use. We may revise these terms of use at any time by amending this page and the terms hereof. The revised terms of use shall be posted on the Website/ App and you are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. Some of these provisions may be superseded by provisions or notices published elsewhere on our Website/ App . All changes are effective as soon as we post them and by continuing to use the Website/App and avail of the Services, you agree to be bound by the revised terms and conditions of use. Your use of Website/App is subject to the most current version of the terms of use posted on the Website/App at the time of such use.
MYF has created this Website/App to provide Users, the Services which includes, guidance on how to improve their fitness and how to integrate fitness into their individual lifestyles and to provide the Users access to healthy diet tips. While our workout and nutrition recommendations consider several factors specific to each individual, including anthropometric data, fitness goals and lifestyle factors, we are not a medical organization, and our recommended workout plans and specific exercises should not be misconstrued as medical advice, prescriptions, or diagnoses.
The use of services on Website/ App shall be governed by the terms as mentioned below:
1. Access to services
- Access to the Services will be permitted on a temporary basis, and we reserve the right to withdraw or amend the Service (or any features within the Services) that we provide on our Website/ App by notifying the same on our Website/App from time to time without prior notice to you. We will not be liable, if for any reason our Website/App or the Services (or any features within the Services) are unavailable at any time or for any period. From time to time, we may, at our sole discretion, restrict access to some parts of our Website/App , or our entire Website/App , to Users who have registered with us.
- MYF 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 Services in any medium or in any manner whatsoever without MYF’s explicit authorisation in this regard; (ii) you will otherwise comply with the terms and conditions.
- In order to access the Services, you will need to register on the Website/ App and create a “Member” account. Your account gives you access to the Services and functionality that we may establish and maintain from time to time and in our sole discretion on the Website / App.
- By using the Services and completing the registration process, you agree that: (a) all the data provided by you is accurate and complete; (b) you shall maintain the accuracy of such information, and any changes thereto by regular updation of any such information; (c) you affirm that you are over 18 (eighteen) years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement; in case of children below 14 years, parental consent is mandatory for registration (d) you will use the Website/ App or such other Services provided through the Website/ App only in compliance with this Agreement . We shall not be liable for any injury, damage or other consequence, health related or otherwise arising out of any inaccuracy in the information provided by you on the Website/App. Your profile may be deleted by us by informing you 24 (twenty four) hours in advance without warning, or without any notice whatsoever, if we believe that you have violated any of the conditions as mentioned under this Agreement or the Privacy Policy.
- You must provide your full legal name, valid email address and any other information requested from you, from time to time, in order to complete the registration process and be entitled to use the Services. The information provided by you may be shared by us with any third party for providing the Services, record keeping purposes, internal procedures or for any other purposes and by using this Website/ App you expressly consent to such sharing of the information provided by you.
- Upon completing the registration process, you will be provided with a user identification code, password or any other piece of information, as part of 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. We have the right to disable any user identification code or password, 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 MYF of any unauthorized use of your password or user identification code, by sending details of such unauthorized use to: myndyourfitness@gmail.com
- You are responsible for making all arrangements necessary for you to have access to our Website/App/Mar and thereby the Services. 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.
- MYF reserves the right to refuse access to use the Services offered at the Website/ App to new Users or to terminate access granted to existing Users at any time.
2. Membership / Registration for the services
Once you complete registration on the Website/App, you will be a member which:
- Allows you to access the content on the Website/ App.
- Allows us to contact you, if necessary, in order to inform you of changes to the terms of use of the Website/App or describing new services that we enable on the Website/App.
- Allows you to make use of the Services on the Website/ App subject to these terms and conditions.
- Does not allow you to use email addresses displayed on the Website/ App for any purpose other than that specifically authorized by us.
- Does not allow you to use email addresses displayed on the Website/ App for any purpose other than that specifically authorized by us.
By providing MYF your email address/ phone number you consent to:
- Us using your email address or mobile number to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail.
- Us using the phone numbers provided by you, to contact you from time to time, in order to provide you updates and advice relating of your progress and the usage of our Services, and relating to any new promotions and sales opportunities on the App.
- Our using your email address or phone number to send you other messages, including changes to features of the Service and special offers.
3. Grant of license
Subject to these terms and conditions of use, MYF grants you a non-transferable, non-exclusive, non-sublicensable limited right and license for you to access and use the Services solely for the purpose permitted.
4. Privacy and your personal information
For information about MYF’s data protection practices, please read MYF’s privacy policy. This policy explains how MYF treats your personal information, and protects your privacy, when you use the Services.
5. Restrictions on content
If you are allowed to contribute on the Website / App, user must not add or upload any of the following:
- Belongs to another person and contain any information that you do not have any right to.
- Be defamatory of any person.
- Be obscene, offensive, political, hateful, harmful, harassing, defamatory, libelous, , invasive of another’s privacy, racially, ethnically or otherwise objectionable or inflammatory, disparaging, relating or encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever.
- Violate the provisions of the Indian Penal Code, 1861, the Information Technology Act, 2000, Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, notified vide Notification G.S.R 313(E) issued by the Ministry of Communications and Information Technology or other applicable laws containing offences relating to content that is publicly accessible.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Disclose the name, address, telephone, mobile or fax number, e-mail address or any other personal data in respect of any individual.
- Be harmful to minors.
- Infringe any intellectual property including copyright, database right or trade mark of any individual or organisation.
- Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person.
- Advocate, promote, incite any third party to commit, or assist any unlawful or criminal act.
- Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
- Be such that it is known by you to be false, inaccurate or misleading.
- Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature.
- Be content for which you were compensated or granted any consideration by any third party.
- Contain any computer viruses, any code, worms or other potentially damaging or limiting the functionality of any computer programs or files.
- Threatens the unity, integrity, sovereignty of India, friendly relations with foreign states or public order or causes incitement to the commission of any cognizable offence or is insulting to another nation.
We hereby reserve the right to take down any content posted by you, which, in our sole discretion falls under the above restrictions.
6. Restriction on use of services
You are not permitted to and shall not do any of the following acts, the breach of which shall entitle MYF to terminate your use of the Services, without prejudice to any other rights or remedies we may have against you:
- Distribute, sell, supply, modify, adapt, amend, incorporate, merge or otherwise alter the Services and all content provided to you as part of the Services.
- Attempt to decompile, reverse engineer or otherwise disassemble any Service or content provided to you as part of the Services or the Website or the App.
- Attempt to copy any software provided to you as part of the Services or the Website or the App in particular its source code, or attempt to decrypt any part of such software that is provided to you.
- Create any derivative work or version of any software provided by us in relation to or to facilitate your use of the Services or any content provided as part of the Services.
- 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.
- 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.
- Use any of MYF’s domain name as a pseudonymous return email address.
- Access or use the Website/ App in any manner that could damage, disable, overburden, or impair any of the Website/ App servers or the networks connected to any of the servers on which the Website/ App is hosted.
- Access or attempt to access any content that you are not authorized to access by any means.
- Access the Website/ App through any other means other than through the interface that is provided by us.
- Alter or modify any part of the Services.
- Disrupt or interfere with the security of, or otherwise cause harm to the Website/ App, materials, system resources, or gain unauthorized access to the user accounts, passwords, servers or networks connected to or accessible through the Website/App or any affiliated linked sites.
7. Rights reserved by MYF
We have the right to disclose your identity to any third party who validly claims and provides evidence that any material posted or uploaded by you to our Website/App constitutes a violation of their intellectual property rights, or of their right to privacy.
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.
We have the right to immediately terminate your access or usage rights and remove non-compliant information or material, in case of non-compliance with these terms and condition, this Agreement or the Privacy Policy.
We have the right to investigate and prosecute violations of these terms and conditions to the fullest extent of the law and may involve and cooperate with law enforcement authorities in prosecuting Users who violate these terms and conditions.
While we have no obligation to monitor your access to or your use of the Services (or any feature or part of the Services), we have the right to do so for the purpose of operating the Website/ App and providing the Services, to ensure your compliance with these terms and conditions, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
Subject to the receipt of a complaint 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. For some of the Services, MYF may (but shall be under no obligation to) provide tools to filter out explicit sexual content or any content which it deems to be unsuitable at its sole discretion.
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 these terms and conditions, 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 MYF, its Users and the public. MYF shall not be responsible or liable for the exercise or non-exercise of its rights under these terms and conditions in this regard.
We reserve the right to introduce or change the prices of all Services upon 30 (thirty) days’ notice from us. Such notice may be provided at any time by posting the changes to the terms and conditions of use or the Services on the Website/App itself.
MYF shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services.
8. Disclaimers
The Services may provide, or third parties may provide, links to other web sites or resources. 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.
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 as updated by you in your profile.
9. Content license from you
By Posting any User Content on the Website/App , you expressly grant, and you represent and warrant that you have a right to grant, to MYF a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.
10. Billing and payment
Certain aspects of the Services may be provided for a fee or other charge. If you elect to use paid aspects of the Services, you agree to the terms of sale, pricing, payment and billing policies applicable to such fees and charges. MYF may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion.
It is your responsibility to promptly provide MYF with any contact or billing information changes or updates (including phone number, email address, credit card numbers, etc.). MYF does not validate all credit card information required by the Customer’s payment provider to secure payment.
You must notify MYF about any billing problems or discrepancies within 15 (Fifteen) days after charges first appear on your account statement. If it is not brought to MYF’s attention within 15 (Fifteen) days, you agree to waive your right to dispute in such problems or discrepancies.
For any Refund or cancellation, please refer to the policy below. You can wite to us on info@myndyourfitness.com.
11. Cancellation & Refund
- All payments for the services and/or products must be made in full at the time of subscription.
- We accept payments via Gpay, Paytm, NEFT, RTGS, Razorpay, and IMPS.
- Subscribed service/s should be utilized within the expiration date specified at the time of registration for each service.
- The commencement of the service should be initiated within a week of the date of subscription.
- Any appointments booked for any fitness or consultation service can be amended or cancelled only a maximum of 12 hours prior to the session.
- A cancellation charge of 50% will be levied in case of cancellation 12 hours prior and a charge of 100% will be levied if cancelled in less than 12 hours from the scheduled session time.
- Any session cancelled by MYF Fitness LLP. for to any reasons will be duly compensated.
- Any session cancelled/not attended by the member will not be compensated and will be considered as delivered by MYF Fitness LLP and the member will be duly charged for the same.
- No refund will be issued for any service missed/not attended by any member without any prior intimation.
- Payment made for any of the services will not be refunded in case a member fails to utilise/initiate the same within 1 month of subscribing the same. The same will not be substituted against any other service either.
- We do a 1st of month to end of month payment cycle
- Any unused balance of the subscription lapses at the end of the month
- 3 month package for Diet Plans is to be consumed in 3 consecutive months
- The subscription may be carried forward only once.
- Any monthly subscription amount has to be paid before 10th of every month, post which the member will be charged on per session basis.
- Member will have to bear the transaction charges as levied by any bank for any payments from time to time
- Late charge of 25% on the total outstanding amount will be applicable if the payment from the member’s end is not received within 3 days of raising the bill.
- MYF Fitness LLP will have the sole discretion to agree for any refund or cancellation.
If you have any queries regarding any of our terms, please contact us at 9731249004 / 9820728851
12. Indemnity and limitation of liability
You agree to defend, indemnify and hold harmless MYF, 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 and Website/ App; (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 Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Service and Website/App.
The material displayed on our Website / App is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, our Subsidiaries and Affiliates and third parties connected to us hereby expressly exclude:
- Conditions, warranties and other terms, which might otherwise be implied by statute, common law or the law of equity;
- Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Services, our Website/ App or in connection with the use, inability to use, or results of the use of the Services or our Website/ App/Marketplace, any websites 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.
- 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.
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 Website/ App to use the Services.
13. Security
We have implemented commercially reasonable technical and organizational measures designed to secure your personal information and User Content from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information and User Content for improper purposes. You acknowledge that you provide your personal information at your own risk.
14. Ownership of intellectual property including trademarks/service marks
All right, title and interest in usage of the terms by MYF including but not limited to all texts, graphics, user interfaces, visual interfaces, computer code and any other information associated therewith are reserved by us.
All right, title, and interest in and to the Services (excluding your Content) are and will remain the exclusive property of Mynd Your Fitness LLP.. Any use of this Website/ App or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of MYF Wellness Products and Services Private Limited.
Except as expressly provided in these terms of use, no part of MYF and no content or marks, data, statistics, independent research conducted and posted by MYF may be copied reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way including (“mirroring”) to any other computer, server, website, or other medium for publication or distribution of any for any commercial enterprise, without prior written consent.
By accepting the use of terms hereunder you agree that the MYF does not transfer/assign the title to the Website/App to you, and nothing in these terms and conditions 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 by MYF, we retain the full and complete right, title and interest to the Website/App, and all intellectual property, title and interest to the Website/App, and all intellectual rights therein. You may not redistribute, sell, decompile, reverse engineer, dissemble, or otherwise reduce the Website/App in any manner which is contrary to this Agreement.
Any usage of MYF’s contents, without the written authorization of MYF, shall be considered a breach of this Agreement, and you shall be required indemnify MYF for all liability incurred in this regard.
15. Governing law
Any claim arising from, or related to, a visit to / use of the Website/ App or the Services, will be under the sole jurisdiction of Bengaluru Courts, although we retain the right to bring proceedings against you for breach of any of these terms and conditions in your place of residence /country. The laws of government of India will apply this Agreement and these terms and conditions of use of the Services.
MYF accepts no liability whatsoever, direct or indirect, for noncompliance with the laws of any country other than that of India, the mere fact that Website/ App can be accessed or used or any facility can be availed of in a country other than India will not imply that we accede to the laws of such country.
16. Legal name
The website https://www.myndyourfitness.com and the mobile application, MYF, is registered and owned by Mynd Your Fitness LLP. , and usage of this Website/App and affiliated links is subject to the Terms of Use and Privacy Policy.
17. Data charges
You acknowledge that applicable network/data charges may be incurred through your use of the App and you agree that you are responsible for any and all such charges that may be charged to you and that Company shall have no liability to you whatsoever in respect of such charges. You also agree that the charges incurred through your use of the App are dependent on your agreement with your service provider and that Company has absolutely no liability to you in respect of such charges. You agree that use of the App whilst outside your home circle might incur additional roaming charges and agree to be solely liable for such charges. Company has no liability to you in respect of such charges.
