Privacy & Terms of Service
These Terms and Conditions are (“Terms”) are agreed upon as of today, between You (“You”), an individual/entity residing anywhere in the world and GYMCLAN HEALTH AND FITNESS SERVICES PRIVATE LIMITED, a private limited company having its registered office at 13/16, 4th floor, flat no: 301, near Elephant Circle, Pragathi Nagar, Kukatpally, Hyderabad, Telangana - 500090 and using the Service Mark FITPAA, to govern your engagement with and usage of FITPAA diet, exercise and nutrition advice-providing application (“FITPAA”) via the mobile, PC or any other device/platform.
Acceptance of Terms
You shall be deemed to have agreed to and accepted the below-given Terms & Conditions if you Sign Up OR Use the FITPAA application across any device or platform.
GYMCLAN HEALTH AND FITNESS SERVICES PRIVATE LIMITED may from time to time, decide on its sole authority to impose and/or change the various monetary charges for the use of FITPAA by You. These charges shall be intimated to you either during the Sign Up/Subscription/Purchase process and/or subsequently by an e-mail or an SMS as and when applicable. You are at liberty to not pay the charges due but you then accept that GYMCLAN HEALTH AND FITNESS SERVICES PRIVATE LIMITED has the complete and sole right to discontinue your Subscription/membership/usage of FITPAA and delete/deactivate your account such that all data stored by you in FITPAA or with GYMCLAN HEALTH AND FITNESS SERVICES PRIVATE LIMITED shall be irrevocably lost.
We currently do not allow any Refunds for any reason whatsoever, provided you are eligible for the money back guarantee under certain packages. We would therefore suggest that you peruse the Offerings in detail prior to making a purchase or payment.
On signing-up/subscribing to FITPAA, you will be provided with access to various tools, information and advice on diet, exercise, nutrition and other health-based topics (“Content”). All this Content is proprietary and is created either in-house by GYMCLAN HEALTH AND FITNESS SERVICES PRIVATE LIMITED or legally sourced from a network of voluntarily participating nutrition and diet consultancy organizations (“Partners”). While you may share the information received from FITPAA with your social network, you must ensure at all times that the branding of FITPAA is adequately present in the communication and that all due credit is given to FITPAA for the Content. Any plagiarism or copying of Content is strictly prohibited and shall be enforced legally.
Since FITPAA is an application that can be accessed via the Mobile Phone, PC and various other devices, You give your explicit consent to receive Content as well as promotional offers from GYMCLAN HEALTH AND FITNESS SERVICES PRIVATE LIMITED and its Partners from time to time on your registered e-mail Id and Registered Mobile Number either by email, Calls, SMSes, WAP Pushes as well as by various other means not mentioned here, regardless of whether you are registered on the Do Not Call Registry or with any other such government / regulatory mechanism/body/platform/service. You agree that you cannot in any manner whatsoever bring any legal charges against GYMCLAN HEALTH AND FITNESS SERVICES PRIVATE LIMITED or any of its Partners for any Content or Promotional Offers that may be offered to you or accessed by you from time to time.
Generic Diet Plans
Amongst the many tools offered by GYMCLAN HEALTH AND FITNESS SERVICES PRIVATE LIMITED on FITPAA, is a tool called Generic Diet Plans that provide readymade Diet Plans applicable for healthy individuals. On receiving information for the Diet Plan opted for, either through email, our app, or SMS, you must ensure that the Diet Plan is followed as per quantities recommended in order to fulfil your nutritional requirements.
GYMCLAN HEALTH AND FITNESS SERVICES PRIVATE LIMITED does not recommend, promote or suggest any particular service partner. You agree that selection of content from any Partner on FITPAA is at your sole discretion and is not based on any representations or recommendations by GYMCLAN HEALTH AND FITNESS SERVICES PRIVATE LIMITED, and is therefore your sole and exclusive responsibility.
- You agree to indemnify and hold GYMCLAN HEALTH AND FITNESS SERVICES PRIVATE LIMITED and(as applicable) its service partners, parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of the Terms, your violation of any law, or your violation of the rights, contractual or otherwise, of any third party.
- These obligations will survive any termination of the Terms.
- To the fullest extent permissible by law GYMCLAN HEALTH AND FITNESS SERVICES PRIVATE LIMITED and its Partners, parent, subsidiaries, affiliates, officers, directors, agents, and employees disclaim all possible warranties over the content GYMCLAN HEALTH AND FITNESS SERVICES PRIVATE LIMITED makes no guarantees, nor can GYMCLAN HEALTH AND FITNESS SERVICES PRIVATE LIMITED be responsible for the quality, accuracy, reliability compliance or legality over any of the Content procured by its Partners. GYMCLAN HEALTH AND FITNESS SERVICES PRIVATE LIMITED is not liable for any kind of damages, injury or loss of any nature whatsoever resulting from Content from its Partners. Further, GYMCLAN HEALTH AND FITNESS SERVICES PRIVATE LIMITED does not make any warranty that Content will meet your requirements, or that access to the Content will be uninterrupted, timely, secure, or error-free, or that defects, if any, will be corrected. It is further clarified that any Content downloaded or otherwise obtained through the eMail/App/SMS is used at your own risk and you will be solely responsible for any damage to your mobile, computer system, devices or loss of data that results from the receiving of such content.
- GYMCLAN HEALTH AND FITNESS SERVICES PRIVATE LIMITED is a facilitator in providing access to FITPAA and is helping people to follow a healthy and nutritious diet based on their personal and specific requirements. GYMCLAN HEALTH AND FITNESS SERVICES PRIVATE LIMITED does not provide guarantee for any kind of results and outcomes. Further, GYMCLAN HEALTH AND FITNESS SERVICES PRIVATE LIMITED is not liable for any cause and effect of the advice. The Content of FITPAA is created by dietitians and nutritionists who are experts in their field.
- It is hereby clarified that GYMCLAN HEALTH AND FITNESS SERVICES PRIVATE LIMITED does not work for any pharmaceutical / medical company and as such does not ever endorse specific products and or services. GYMCLAN HEALTH AND FITNESS SERVICES PRIVATE LIMITED does not sell or endorse any manufactured nutritional and or medical products, supplements, drugs or devices.
- In no event shall GYMCLAN HEALTH AND FITNESS SERVICES PRIVATE LIMITED or its Partners undertake any responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the content available via the web site, mobile application of FITPAA. You must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
- Additionally, in no event shall GYMCLAN HEALTH AND FITNESS SERVICES PRIVATE LIMITED or its Partners be liable for any special, indirect, incidental, punitive, or consequential damages, including, without limitation, any loss of use, loss of profits, loss of data, cost of procurement of substitute services, or any other such damages, howsoever caused, and on any theory of liability, whether for breach of contract, tort (including negligence and strict liability), or otherwise resulting from (1) the use of, or the inability to use, the mobile service ; (2) unauthorized access to or alteration of your transmissions or data; (3) the statements or conduct of any third party on the mobile application; or (5) any other matter relating to the mobile application FITPAA. These limitations will apply whether or not GYMCLAN HEALTH AND FITNESS SERVICES PRIVATE LIMITED has been advised of the possibility of such damages and notwithstanding any failure of essential purpose of any limited remedy. You shall not be entitled to specific performance of any of the Terms.
Copyright & Trademark
The Content of FITPAA is owned by GYMCLAN HEALTH AND FITNESS SERVICES PRIVATE LIMITED and its Partners. All right to, title to, and interest in the content available via the FITPAA Mobile application, Web Site, trademarks, service marks, and trade names displayed on FITPAA, and the Web Site URLs, are the property of GYMCLAN HEALTH AND FITNESS SERVICES PRIVATE LIMITED and its Partners, and are protected by copyrights, trademarks, patents, or other proprietary rights and laws.
Acceptance of Terms
- The Terms shall be deemed to have been accepted by you whenever you sign-up/subscribe for or use FITPAA from any device or platform. By signing up/subscribing, You have confirmed that you are above the age of 18 (eighteen) years and acknowledged that you have Read & Understood Terms completely and agree to abide by the same – on your own behalf and on behalf of your dependents/family.
- GYMCLAN HEALTH AND FITNESS SERVICES PRIVATE LIMITED reserves the right to modify the Terms from time to time and it shall be your responsibility to keep yourself updated with the Terms. You agree to be bound by such modifications. A copy of the updated Terms will be available at www.gymclan.in The benefits of FITPAA are personal to you and you may not assign your rights and obligation under the Terms to any person. You agree that you will use your Plan for your personal benefit or, if applicable, for the benefit of your family members.
- You agree to comply with the applicable local laws, of the territory where you are located and for the use of the Website and GYMCLAN HEALTH AND FITNESS SERVICES PRIVATE LIMITED does not have a responsibility for any violation of laws by you.
- The Terms shall be governed by the laws of India, and the courts at HYDERABAD shall have exclusive jurisdiction over these Terms and all matters in relation hereto. Any dispute between GYMCLAN HEALTH AND FITNESS SERVICES PRIVATE LIMITED and you relating to the services or any of the Terms shall be referred to binding arbitration to be conducted in English by a sole arbitrator appointed by the Founding Team of GYMCLAN HEALTH AND FITNESS SERVICES PRIVATE LIMITED at HYDERABAD in accordance with the provisions of the Arbitration and Conciliation Act, 1996, whose award shall be final and binding.
You acknowledge and agree that any and all information provided to you by FITPAA is generic in nature and cannot be followed in the face of medical contraindications. You are required to consult with your doctor before following any advice received from GYMCLAN HEALTH AND FITNESS SERVICES PRIVATE LIMITED in any way whatsoever, especially in case of any medical condition or of having any allergy to any particular food item. All responsibility and liability for partaking of this Content or advice shall rest solely with You. And GYMCLAN HEALTH AND FITNESS SERVICES PRIVATE LIMITED or its Partners cannot be held responsible in any way whatsoever for whatever consequences may arise from aforesaid consumption of the Content or advice recommended.
FITPAA provided by GYMCLAN HEALTH AND FITNESS SERVICES PRIVATE LIMITED is for informational purposes only and is not intended to replace the relationship with your physician or other medical provider. The website, mobile applications and services do not contain or constitute and should not be interpreted as medical advice or opinion. GYMCLAN HEALTH AND FITNESS SERVICES PRIVATE LIMITED is not a medical organization and our staff will not and cannot give medical advice or diagnosis. GYMCLAN HEALTH AND FITNESS SERVICES PRIVATE LIMITED will not be held responsible for any information interpreted as such by you. The information and reports generated by GYMCLAN HEALTH AND FITNESS SERVICES PRIVATE LIMITED should not be interpreted as a substitute for physician consultation, evaluation or treatment. Hereby agree that, before using the services, you shall consult your physician, particularly if you are at risk for problems resulting from exercise or changes in your diet. GYMCLAN HEALTH AND FITNESS SERVICES PRIVATE LIMITED will not be held responsible for any individual who intends and carries out harm to themselves or other individuals. It shall be noted that FITPAA is intended for use only by healthy adult individuals. FITPAA is not intended for use by minors or individuals with any type of health or medical condition or allergies. If you are using FITPAA to have a control on any of the health issues you are facing you need to consult your Doctor and get a medical clearance before using FITPAA. Get a clearance from your doctor if necessary by stating You wish to start a personalized training program. Show your workout plans to your doctor. Start the program only if you get approval from Doctor to begin an exercise program.
Physical Activity Readiness
Regular physical activity is fun and healthy, and increasingly more people are starting to become more active every day. Being more active is very safe for most people. However, some people should check with their doctor before they start becoming much more physically active. If you are planning to become much more physically active than you are now, start by answering the seven questions in the box below. If you are between the ages of 15 and 69, the PAR-Q will tell you if you should check with your doctor before you start. If you are over 69 years of age, and you are not used to being very active, check with your doctor. Common sense is your best guide when you answer these questions. Please read the questions carefully and answer each one honestly: check YES or NO. If you answered YES to one or more questions you Talk with your doctor by phone or in person BEFORE you start becoming much more physically active or BEFORE you have a fitness appraisal. Tell your doctor about the PAR-Q and which questions you answered YES. If you answered NO to all questions You may be able to do any activity you want — as long as you start slowly and build up gradually. Or, you may need to restrict your activities to those which are safe for you. Talk with your doctor about the kinds of activities you wish to participate in and follow his/her advice. DELAY BECOMING MUCH MORE ACTIVE: • if you are not feeling well because of a temporary illness such as a cold or a fever – wait until you feel better; if you are or may be pregnant – talk to your doctor before you safest and easiest way to go.• take part in a fitness appraisal – this is an excellent way to determine your basic fitness so that you can plan the best way for you to live actively. It is also highly recommended that you have your blood pressure evaluated. If your reading is over 144/94, talk with your doctor before you start becoming much more physically active. Informed Use of the PAR-Q: GYMCLAN HEALTH AND FITNESS SERVICES PRIVATE LIMITED, and their agents assume no liability for persons who undertake physical activity, and if in doubt after completing this questionnaire, consult your doctor prior to physical activity. NOTE: If the PAR-Q is being given to a person before he or she participates in a physical activity program or a fitness appraisal, this section may be used for legal or administrative purposes. By using our services we assume the following from you “I have read, understood and completed this questionnaire.” Note: This physical activity clearance is valid for a maximum of 12 months from the date it is completed and becomes invalid if your condition changes so that you would answer YES to any of the seven questions. 1. Has your doctor ever said that you have a heart condition and that you should only do physical activity recommended by a doctor? 2. Do you feel pain in your chest when you do physical activity? 3. In the past month, have you had chest pain when you were not doing physical activity? 4. Do you lose your balance because of dizziness or do you ever lose consciousness? 5. Do you have a bone or joint problem (for example, back, knee or hip) that could be made worse by a change in your physical activity? 6. Is your doctor currently prescribing drugs (for example, water pills) for your blood pressure or heart con- dition? 7. Do you know of any other reason why you should not do physical activity? PLEASE NOTE: If your health changes so that you then answer YES to any of the above questions, tell your fitness or health professional. Ask whether you should change your physical activity plan.
PURPOSE AND EXPLANATION OF PROCEDURE I hereby consent to voluntarily engage in an acceptable plan of personal fitness training. I also give consent to be placed in personal fitness training program activities which are recommended to me for improvement of dietary counseling, stress management, and health/fitness education activities. The levels of exercise I perform will be based upon my cardiorespiratory (heart and lungs) and muscular fitness. I understand that I may be required to undergo a graded exercise test prior to the start of my personal fitness training program in order to evaluate and assess my present level of fitness. I will be given exact personal instructions regarding the amount and kind of exercise I should do. A professionally trained personal fitness trainer will provide leadership to direct my activities, monitor my performance, and otherwise evaluate my effort. Depending upon my health status, I may or may not be required to have my blood pressure and heart rate evaluated during these sessions to regulate my exercise within desired limits. I understand that I am expected to attend every session and to follow staff instructions with regard to exercise, stress management, and other health and fitness regarded programs. If I am taking prescribed medications, I have already so informed the program staff and further agree to so inform them promptly of any changes which my doctor or I have made with regard to use of these. I will be given the opportunity for periodic assessment and evaluation at regular intervals after the start of the program. I have been informed that during my participation in the above described personal fitness training program, I will be asked to complete the physical activities unless symptoms such as fatigue, shortness of breath, chest discomfort or similar occurrences appear. At this point, I have been advised that it is my complete right to decrease or stop exercise and that it is my obligation to inform the personal fitness training program personnel of my symptoms, should any develop. I understand that during the performance of exercise, a personal fitness trainer will periodically monitor my performance and, perhaps measuring my pulse, blood pressure, or assess my feelings of effort for the purposes of monitoring my progress. I also understand that the personal fitness trainer may reduce or stop my exercise program when any of these findings so indicate that this should be done for my safety and benefit. I also understand that during the performance of my personal fitness training program physical touching and positioning of my body may be necessary to assess my muscular and bodily reactions to specific exercises, as well as to ensure that I am using proper technique and body alignment. I expressly consent to the physical contact for the stated reasons above. 2. RISKS It is my understanding and I have been informed that there exists the remote possibility during exercise of adverse changes including, but not limited to, abnormal blood pressure, fainting, dizziness, disorders of heart rhythm, and in very rare instances heart attack, stroke, or even death. I further understand and I have been informed that there exists the risk of bodily injury including, but not limited to, injuries to the muscles, ligaments, tendons, and joints of the body. Every effort, I have been told, will be made to minimize these occurrences by proper staff assessments of my condition before each personal fitness training session, staff supervision during exercise and by my own careful control of exercise efforts. I fully understand the risks associated with exercise, including the risk of bodily injury, heart attack, stroke or even death, but knowing these risks, it is my desire to participate as herein indicated. 3. BENEFITS TO BE EXPECTED AND ALTERNATIVES AVAILABLE TO EXERCISE I understand that this program may or may not benefit my physical fitness or general health. I recognize that involvement in the personal fitness training sessions will allow me to learn proper ways to perform conditioning exercises, use fitness equipment and regulate physical effort. These experiences should benefit me by indicating how my physical limitations may affect my ability to perform various physical activities. I further understand that if I closely follow the program instructions, that I will likely improve my exercise capacity and fitness level after a period of 3-6 months. 4. CONFIDENTIALITY AND USE OF INFORMATION I have been informed that the information which is obtained in this personal fitness training program will be treated as privileged and confidential and will consequently not be released or revealed to any person, to the use of any information which is not personally identifiable with me for research and statistical purposes so long as same does not identify my person or provide facts which could lead to my identification. Any other information obtained, however, will be used only by the program staff to evaluate my exercise status or needs. 5. INQUIRIES AND FREEDOM OF CONSENT I have been given an opportunity to ask questions as to the procedures. I have read this Informed Consent form, fully understand its terms, understand that I have given up substantial rights by signing it, and sign it freely and voluntarily, without inducement.
ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT
The provision of personal training services by Trainer to Client, and Client’s use of any premises, facilities or equipment are contingent upon this Agreement.ASSUMPTION OF RISK: You agree that if you engage in any physical exercise or activity, including personal training, or enter our premises or use any facility or equipment on our premises for any purpose, you do so at your own risk and assume the risk of any and all injury and/or damage you may suffer, whether while engaging in physical exercise or not. This includes injury or damage sustained while and/or resulting from using any premises or facility, or using any equipment, whether provided to you by Trainer or otherwise, including injuries or damages arising out of the negligence of Trainer, whether active or passive, or any of Trainer’s affiliates, employees, agents, representatives, successors, and assigns. Your assumption of risk includes, but is not limited to, your use of any exercise equipment (mechanical or otherwise), sports fields, courts, or other areas, locker rooms, sidewalks, parking lots, stairs, pools, whirlpools, saunas, steam rooms, lobby or other general areas of any facilities, or any equipment. You assume the risk of your participation in any activity, class, program, instruction, or event, including but not limited to weightlifting, walking, jogging, running, aerobic activities, aquatic activities, tennis, basketball, volleyball, racquetball, or any other sporting or recreational endeavor. You agree that you are voluntarily participating in the aforementioned activities and assume all risk of injury, illness, damage, or loss to you or your property that might result, including, without limitation, any loss or theft of any personal property, whether arising out of the negligence of Trainer or otherwise. RELEASE: You agree on behalf of yourself (and all your personal representatives, heirs, executors, administrators, agents, and assigns) to release and discharge Trainer (and Trainer’s affiliates, related entities, employees, agents, representatives, successors, and assigns) from any and all claims or causes of action (known or unknown) arising out of the negligence of Trainer, whether active or passive, or any of Trainer’s affiliates, employees, agents, representatives, successors, and assigns. This waiver and release of liability includes, without limitation, injuries which may occur as a result of (a) your use of any exercise equipment or facilities which may malfunction or break, (b) improper maintenance of any exercise equipment, premises or facilities, (c) negligent instruction or supervision, including personal training, (d) negligent hiring or retention of employees, and/or (e) slipping or tripping and falling while on any portion of a premises or while traveling to or from personal training, including injuries resulting from Trainer’s or anyone else’s negligent inspection or maintenance of the facility or premises. INDEMNIFICATION: By execution of this agreement, you hereby agree to indemnify and hold harmless Trainer from any loss, liability, damage, or cost Trainer may incur due to the provision of personal training by Trainer to you. ACKNOWLEDGMENTS: You expressly agree that the foregoing release, waiver, assumption of risk and indemnity agreement is intended to be as broad and inclusive as permitted by the law in the State of California and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. You acknowledge that Trainer offers a service to his/her clients encompassing the entire recreational and/or fitness spectrum. Trainer is not in the business of selling weightlifting equipment, exercise equipment, or other such products to the public, and the use of such items is incidental to the service provided by Trainer. You acknowledge and agree that Trainer does not place such items into the stream of commerce. This release is not intended as an attempted release of claims of gross negligence or intentional acts. You acknowledge that you have carefully read this waiver and release and fully understand that it is a release of liability, express assumption of risk and indemnity agreement. You are aware and agree that by executing this waiver and release, you are giving up your right to bring a legal action or assert a claim against trainer for trainer’s negligence, or for any defective product used while receiving personal training from trainer. You have read and voluntarily signed the waiver and release and further agree that no oral representations, statements, or inducement apart from the foregoing written agreement have been made.