These Terms (together with the Additional Terms, if any, set forth herein, “Terms”) set forth the terms and conditions applicable to and governing your access to and use of the websites and applications designed for download and use on mobile, table, smart watch and other personal devices, and all features, functionalities, services and Content (as defined herein “Properties”) made available through such websites and applications made available by HALOMI FITNESS and its members operating under the HALOMI FITNESS brand (“HALOMI FITNESS”).
These Terms shall remain in effect at all times until you cease using the Site and/or delete any applications related to the Site from your mobile device. By using the HALOMI FITNESS Properties, and the features and services made available through the website or app, you are acknowledging that you have read, understand and agreed to these Terms and expressly agree that they form a binding contract between you and HALOMI FITNESS. IF YOU DO NOT AGREE TO BE SO BOUND, DO NOT ACCESS OR USE THE SITE OR ANY RELATED APPLICATIONS.
These Terms may change as we continue to evolve our business, as well as the Properties or any portion thereof. If we change these Terms, we will post the revised document here and such changes will be effective immediately upon that posting. Your continued use of our Properties constitutes your acceptance of such changes and agreement to be bound by the modified Terms, and so we recommend that you review these Terms periodically when accessing or using our Properties.
You are solely responsible for any charges incurred in obtaining access to the Properties, including without limitation charges from your Internet service provider and/or wireless carrier. You are allowed to purchase certain goods or services through our Properties. HALOMI FITNESS reserves the right to change the nature of this relationship at any time, without prior notice or liability to you. In addition, access to certain HALOMI FITNESS Properties or portions thereof may be limited to HALOMI FITNESS members, as described in the “Your Account” section below.
Some portions of the Properties may invite or require you to create an account (via Google or Face book) and associated log-in credentials, and you may not be able to access certain Content or features, functionalities, or services of the Properties, without creating and logging into such an account. You agree to provide true, accurate and current information when creating an account, and you are responsible for updating your account information as needed to ensure it remains current. You are responsible for maintaining the confidentiality of your log-in credentials, and you hereby acknowledge and agree that you are fully responsible and liable for all usage and activities that occurs under your account, whether authorized by you or not. You agree to notify HALOMI FITNESS immediately if you know of or suspect any unauthorized use of your account or password or any other breach of security related to your account. Notwithstanding anything to the contrary in these Terms, HALOMI FITNESS reserves the right to deny the creation of, suspend access to or terminate any account(s), or to remove or modify Content, features, functionalities and/or services available to account holders, at any time in its sole discretion and without prior notice or liability to you.
“Fees” for any Services ordered through your Account and any special or additional fees assessed against your Account as permitted in these Terms.
Subject to your compliance with these Terms, HALOMI FITNESS gives you the limited, non-exclusive, non-transferable, and revocable right to access and use the Properties solely for your personal and non-commercial use. However, HALOMI FITNESS does not give you any right to, and you hereby agree not to:
As between you and HALOMI FITNESS, HALOMI FITNESS owns the Properties and all content displayed or made available on or through, or otherwise included in, the Properties, including without limitation all text, video clips, audio clips, graphics, trademarks, service marks, trade names, logos, icons, images, data, information, code and software, regardless of whether registered or unregistered, and any combinations and compilations thereof (collectively, “Content”). The Properties and Content, including the selection, coordination, arrangement and enhancement of Content and the design, layout and “look and feel” of each Property, constitute valuable intellectual property of HALOMI FITNESS, and are protected by copyright, trademark and other applicable intellectual property rights and laws of India.
The Properties and Content are licensed, not sold, to you, and your limited rights to access and use the Properties and Content are conditioned upon your compliance with these Terms. No act of downloading or copying from, or otherwise using, the Properties, even with HALOMI FITNESS’s permission, will transfer any title, interest or right in or to any Property or Content to you. HALOMI FITNESS hereby expressly reserves all rights not expressly granted in and to the Properties and Content.
We welcome your feedback regarding the Properties, as well as our services, products and other offerings. However, please understand that any comments, picture uploads, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") posted on, submitted through, or otherwise sent to HALOMI FITNESS as a result of, the Properties shall become and remain the exclusive property of HALOMI FITNESS. Your posting, submission or sending of any such Comments shall constitute an assignment to HALOMI FITNESS of all worldwide right, title and interest, including all intellectual property rights, in and to the Comments, and HALOMI FITNESS will be entitled to use, reproduce, disclose, publish, distribute and otherwise exploit any Comments for any purpose whatsoever, without restriction or liability and without notifying or compensating you in any way, and you hereby agree to waive any and claims against HALOMI FITNESS in connection with the foregoing.
All Comments will be treated as non-confidential, and therefore you agree not to post, submit or send to HALOMI FITNESS, on an unsolicited basis, any ideas, confidential information, proprietary information or other Comments that you do not wish to assign to HALOMI FITNESS, including without limitation ideas for new or improved products, services, technologies, marketing, advertisements promotions or other services, products or offerings and any original creative materials such as stories, videos, computer code, images or artwork (all of the foregoing, collectively, “Unsolicited Ideas”). Please understand that while we sincerely appreciate the enthusiasm and interest in our company and brand, it is the long-standing policy of HALOMI FITNESS to not accept or consider any Unsolicited Ideas. We employ a talented staff of employees, and have existing relationships with outside consultants or vendors, who may be working on the same or similar ideas. The intent of this policy against the acceptance consideration of Unsolicited Ideas is to avoid the possibility of future misunderstandings when projects developed by our staff, consultants or vendors might seem to others to be similar to your own work.
If, despite this policy, you nonetheless chose to post, submit or otherwise send to HALOMI FITNESS any Unsolicited Idea, by doing so you acknowledging and agreeing that: (1) you are not posting, submitting or sending any confidential or proprietary information; (2) HALOMI FITNESS has no obligation to review or use the Unsolicited Idea or to keep it confidential; and (3) HALOMI FITNESS will consider the Unsolicited Idea as a Comment assigned to and owned by HALOMI FITNESS, which it may use, reproduce, disclose, publish, distribute or otherwise exploit for any purpose whatsoever, without restriction or liability and without notifying or compensating you, and you hereby agree to waive any and claims against HALOMI FITNESS in connection with the foregoing.
HALOMI FITNESS is not a health care or medical provider. The Properties and the features, functionalities, services and Content made available therein, including without limitation any advice, information, workouts, exercises, regimens, nutritional plans, recipes or other materials (collectively, the “Fitness Features”), are provided for general informational purposes only, and do not constitute medical advice. The Fitness Features are not intended to be relied upon for determining the state of your health or in the diagnosis of any medical conditions and are not, and should not be used as, a substitute for a professional medical evaluation. We advise you to see your physician on a regular basis and to seek their advice or obtain No Objection Certificate prior to engaging in any fitness or nutrition regimen or if you have any questions or concerns regarding your health and fitness regimen or for the diagnosis of specific medical conditions.
HALOMI FITNESS is not liable or responsible for any consequences of you having read, used or relied upon any Fitness Features. By using any Fitness Feature, you acknowledge and understand that it may involve or provide information regarding strength, flexibility, aerobic, cardio, meditation, regeneration or other exercises, all of which can be potentially hazardous activities pertaining to certain health conditions e.g. heart conditions, blood pressure, diabetes, arthritis, injuries etc. You should consult with your doctor prior to using any Fitness Feature. If you choose to use any Fitness Features, you should be in good health and have no disability, impairment, injury, disease or ailment preventing you from engaging in active or passive exercise or which would cause increased risk or injury or adverse health consequences as a result of using such Fitness Features, and you hereby assume all risks associated with using such Fitness Features. IF YOU EXPERIENCE ANY PAIN, DIFFICULTY, DIZZINESS, ILLNESS, OR DISCOMFORT, WHEN USING ANY FITNESS FEATURE, STOP AND CONSULT YOUR PHYSICIAN OR SEEK EMERGENCY MEDICAL ATTENTION IMMEDIATELY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, HALOMI FITNESS MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE FITNESS FEATURES AND IS NOT RESPONSIBLE FOR YOUR USE OF OR RELIANCE ON ANY SUCH FITNESS FEATURES. YOU ACKNOWLEDGE AND AGREE THAT YOUR DECISION TO RELY ON AND/OR USE ANY FITNESS FEATURE IS AT YOUR SOLE RISK, AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HALOMI FITNESS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY AND DEATH, ARISING OUT OF OR IN CONNECTION WITH YOUR RELIANCE ON OR USE OF ANY FITNESS FEATURE.
While we endeavour to provide the best digital experience we can, including without limitation by offering accurate and current Content, we cannot and do not guarantee that the Properties or any portion thereof will always be fully-functional, current or accurate.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE HALOMI FITNESS PROPERTIES IS AT YOUR SOLE RISK, AND THAT THE HALOMI FITNESS PROPERTIES, AND ALL ASPECTS THEREOF, ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS. HALOMI FITNESS MAKES NO REPRESENTATIONS OR WARRANTIES, AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION: (1) WARRANTIES OF MERCHANTABILITY, TITLE, AVAILABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE; (2) WARRANTIES THAT THE HALOMI FITNESS’S PROPERTIES WILL MEET YOUR REQUIREMENTS, OR OPERATE WITH THE DEVICES, HARDWARE OR SOFTWARE YOU USE; OR (3) WARRANTIES THAT YOUR ACCESS TO AND USE OF THE PROPERTIES WILL BE AVAILABLE, UNINTERRUPTED, CURRENT, OR FREE FROM INACCURACIES, ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS OR CODE; OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.
You agree that, to the maximum extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with the Properties is to stop using and, where applicable, uninstall the Properties.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL HALOMI FITNESS, IT’S OTHER AFFILIATES, OR ANY OF IT’S RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, SERVICE PROVIDERS, AGENTS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, “HALOMI FITNESS PARTIES”) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION FOR LOSS OF USE, LOST DATA, LOST BUSINESS OR LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE HALOMI FITNESS’S PROPERTIES, OR THESE TERMS.
IN ADDITION, IF AND TO THE EXTENT HALOMI FITNESS IS LIABLE FOR ANY DIRECT DAMAGES FOR ANY CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE PROPERTIES, OR THESE TERMS, THEN, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF HALOMI FITNESS FOR SUCH DIRECT DAMAGES WILL BE LIMITED TO HUNDRED RUPEES (Rs. 100.00). Except for any liability of HALOMI FITNESS under the forgoing paragraph, you acknowledge and agree that the other HALOMI FITNESS Parties will have no liability to you for any direct damages arising out of the Properties or these Terms.
You agree to defend, indemnify and hold the HALOMI FITNESS Parties harmless from and against any claims, liabilities, losses, damages, costs and expenses (including without limitation reasonable attorneys' fees), arising out of or in connection with: (1) your access to and/or use of the HALOMI FITNESS Properties or any portion thereof; (2) your Comments or Unsolicited Ideas; (3) your failure to comply with these Terms or with any applicable law, rule or regulation; (4) your infringement, misappropriation or violation of the HALOMI FITNESS Properties or Content or of any third party’s intellectual property right; or (5) any activity occurring by or through your account, whether taken by you or another person accessing or using your account, with or without authorization. HALOMI FITNESS will use reasonable efforts to notify you of any claim, action or proceeding subject to the foregoing paragraph once it becomes aware of it, but any failure to provide you with notice shall not limit your indemnification obligations unless you can establish actual prejudice resulted from such failure. HALOMI FITNESS reserves the right, at your expense, to assume the exclusive defence and control of any claim, action or proceeding for which you are required to provide indemnification, and you agree to cooperate with our defence of these claims. You may not settle any claims, actions or proceedings for which you are required to provide indemnification, without HALOMI FITNESS’s prior written consent.
These Terms and your access to and/or use of the HALOMI FITNESS’s Properties, will be governed by and construed in accordance with the laws of Republic of India, without regard to its conflict of laws principles. Except as provided above as to those Disputes you or HALOMI FITNESS submit to binding arbitration pursuant to the Arbitration and Conciliation Act, 1996, all claims, disputes and matters arising hereunder shall be submitted exclusively to the jurisdiction of the state courts of competent jurisdiction located in PUNE, Maharashtra, and you and HALOMI FITNESS each hereby irrevocably consent to the jurisdiction of such courts and waives all objections thereto.
If you have questions regarding these Terms, or our Properties or our services, please contact us by visiting http://www.halomifitness.com. Or the following support address: firstname.lastname@example.org. Your feedback is always welcome and appreciated.