Last updated: 18.11.2024
Welcome to FitnEarn (the “Platform”), an online platform dedicated to fitness and wellness, operated by Fit Earn Meditate (“FitnEarn”, "Sole Proprietorship", “we,” “us,” or “our”). FitnEarn"s office is located at 395, Purav Deen Dayal, Old Railway Road, Veer Bhawan Nagar, Roorkee-247667,
This document is an electronic record in terms of the Information Technology Act, 2000, and rules thereunder, and is published in accordance with the provisions of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, which require publishing the rules and regulations, privacy policy, and Terms and Conditions for access or usage of the Platform through the FitnEarn Mobile Application (hereinafter referred to as “Mobile Application”) and Website – [www.fitnearn.com] (hereinafter referred to as "Website") and our related Website, Application, Services, Products,Devices and content (together with the Mobile Application and Website, collectively referred to as “Services”).
AGREEMENT TO TERMS
User Agreement: These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you” or “user” or “client”) and FitnEarn (Fit Earn Meditate), concerning your access to and use of the Website and FitnEarn Mobile Application as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "Website and Mobile Application”). You agree that by accessing the Website and/or Mobile Application, you have read, understood, and agree to be bound by all of these Terms and Conditions.
IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND MUST DISCONTINUE USE IMMEDIATELY.
Changes to Terms & Conditions: Any Supplementary terms and conditions or documents that may be occasionally published on the FitnEarn Website or Mobile App are integrated by reference into this agreement. FitnEarn reserves the exclusive right to amend or update these Terms at any moment for any reason. Changes will be communicated by updating the "Last Updated" date of these Terms and Conditions. It is your responsibility to review these Terms and Conditions periodically to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by continuing to access or use the FitnEarn Website or Mobile Application, or any other services offered after these updates take effect, you acknowledge and accept the revised Terms and Conditions.
The information provided on the Website/Mobile Application is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Website/Mobile Application from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
Eligibility: As a minor if you wish to use Our Products or Services, such use shall be made available to You by Your legal guardian or parents, who has agreed to these Terms. In the event a minor utilises the Application/Website/Services, it is assumed that he/she has obtained the consent of the legal guardian or parents and such use is made available by the legal guardian or parents. The Company will not be responsible for any consequence that arises due to, misuse of any kind of Our Website or any of Our Products or Services that may occur by any person including a minor registering for the Services/Products provided. By using the Products or Services You warrant that all the data provided by You is accurate and complete and that the Minor using the Website has obtained the consent of parent/legal guardian (in case of minors). The Company reserves the right to terminate Your account and / or refuse to provide You with access to the Products or Services if it is discovered that You are under the age of 18 (Eighteen) years and the consent to use the Products or Services is not made by Your parent/legal guardian or any information provided by You is inaccurate. You acknowledge that the Company does not have the responsibility to ensure that You conform to the eligibility criteria mentioned above. It shall be Your sole responsibility to ensure that You meet the required qualification. Any persons under the age of 18 (Eighteen) should seek the consent of their parents/legal guardians before providing any Information about themselves or their parents and other family members on the Website.
OUR SERVICES
Our Services allow you to purchase various Products and services from us. We reserve the right to amend, discontinue, withdraw, or cease our service offerings at any time. FitnEarn offers a variety of services aimed at enhancing your fitness and wellness journey, including but not limited to:a) Workout Plans: A personalised workout plan recommended by FitnEarn and customised workout plan based on user requirements both subscription based offering users to access existing media and content relating to various exercises from categories such as Yoga, Muscle Building, Dance Fitness, Cardio, Kick-boxing, Plyomterics, Meditation, Stretching and Rehab & Care etc.
b) Exercise Video Library: Access our exercise video library which comprises exercises in various categories such as Yoga, Pilates, Body Weight, Cardio, Equipment Based Workouts, Meditation etc.
c) FitnEarn Market Place: Access to purchase of various products/accessories related to health and fitness from FitnEarn Store.
d) Exercise Challenges: Participate in various challenges for motivation and rewards.
e) Community Engagement: Access to our social feed section to engage and communicate with the FitnEarn community in compliance with the community guidelines.
HEALTH DISCLAIMER
In consideration of being allowed to participate and use any of the services offered by FitnEarn, in addition to the payment of any fee or charge, you do hereby waive, release and forever discharge and hold harmless FitnEarn and its coaches, consultants, officers, agents, and employees from any and all responsibility, liability, costs and expenses, including injuries or damages, resulting from your participation and use of any of the services offered by FitnEarn.
You do also hereby release FitnEarn, its coaches, consultants, officers, agents and employees from any responsibility or liability for any injury, damage or disorder (physical or otherwise) to you, or in anyway arising out of or connected with your participation in any activities and use of any of services associated or provided by the FitnEarn.
You understand and you are aware that strength, flexibility, aerobic and other forms of exercise, asanas and practices including the use of equipment or otherwise are a potentially dangerous activity. You also understand that fitness activities involve a risk of loss of personal property, serious injury and even death, and that you are voluntarily participating in these activities and using equipment and machinery or otherwise with knowledge of the risk involved. You hereby agree to assume expressly and accept all risks of loss of personal property, serious injury or death related to said fitness activities. In addition, You certify that you are 18 years of age or older. You do hereby further declare yourself to be physically sound and suffering from no condition, impairment, disease, infirmity or other illness that would affect nutrient metabolism or prevent your participation or use of equipment or machinery or otherwise except as herein after stated.
Moreover, you also agree that if you are suffering from any ailment or any medical condition you have to inform and produce relevant documents to FitnEarn before beginning any physical activities or any other plans that may be referenced, discussed or offered under the Services provided by FitnEarn platform. You do hereby acknowledge that FitnEarn has recommended to you to obtain an approval from a medical expert or certified medical practitioner as per the laws of the land prior to your participation in an exercise/fitness activity or in the use of any health and fitness services offered by FitnEarn. You also acknowledge that FitnEarn has recommended that you have a yearly or more frequent physical examination and consultation with your physician or any medical expert/ consultant prior to any physical activity, exercise and use of exercise and training equipment so that you might have his/her recommendations concerning these fitness activities and use of equipment. You acknowledge that you have either had a physical examination and been given your physician’s or medical expert"s permission to participate, or that you have decided to participate in activity and use of equipment, machinery, plans, and other programs designed by FitnEarn without the approval of your physician or medical expert and do hereby assume and take all responsibility for your participation and activities, and utilization of fitness services provided by FitnEarn.
FITNEARN DOES NOT PROVIDE PROFESSIONAL MEDICAL SERVICES OR ADVICE. THE SERVICES PROVIDED BY THE COACHES/TRAINING SPECIALISTS AND AVAILABLE ON THE WEBSITE AND/OR MOBILE APP DO NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS MEDICAL ADVICE OR OPINION. NO DOCTOR-PATIENT RELATIONSHIP IS CREATED. USE OF THE SERVICES IS NOT FOR MEDICAL EMERGENCIES. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CONSULT YOUR DOCTOR. YOUR USE OF THE SERVICES DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND ANY OF THE FITNEARN ASSOCIATED COACHES, EMPLOYEES, OTHER FITNEARN ASSOCIATED PARTIES OR ANY OF FITNEARN SERVICE USERS.
INTELLECTUAL PROPERTY RIGHTSFitnEarn, Fit Earn Meditate, FitnEarn Coin, FitnEarn Gift Cashback Rewards, Product Reward System, Mood-board and associated challenges and other Fitness and Meditation Challenge are sole proprietary of FitnEarn (alias Fit Earn Meditate). Unless otherwise indicated, the Website/Mobile Application, is our proprietary property and all content, source code, databases, functionality, software, website designs, videos, text, images, photographs, questions, creative suggestions, messages, comments, feedback, ideas, drawings, articles and other materials, on the Website/Mobile Application (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of India, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Website/Mobile Application “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Website/Mobile Application and no Content or Marks may be modified, copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, performed, encoded, translated, transmitted, distributed, sold, licensed, create derivative works of or otherwise exploited for any commercial purpose whatsoever in whole or in part, without our express prior written permission.
Provided that you are eligible to use the Website/Mobile Application, you are granted a limited license to access and use the Website/Mobile Application and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Website/Mobile Application, the Content and the Marks.Our commercial partners, suppliers, advertisers, sponsors, licensors, contractors and other third parties may also have additional proprietary rights in the Content which they make available on our Services. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in anyway exploit, any of the Content, in whole or in part. When Content is downloaded to your computer, phone, tablet or any other mobile device, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other applications or networked computer environment is strictly prohibited unless you receive our prior written consent.
USER REPRESENTATIONS
By using the FitnEarn Website/Mobile Application, you represent and warrant that:
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any current or future use of the Website/Mobile Application (or any portion thereof) and may also take legal action as per applicable laws of the land.
USER REGISTRATION
You may be required to register with the Website/Mobile Application. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
FITNEARN COIN TERMS AND CONDITIONS
General Conditions
1. You may avail the services of the FitnEarn Coins upon successful registration and creation of an Account on the FitnEarn App or Website. You are bound by these terms and conditions of the FitnEarnCoin System.
2. By signing up, you agree that you have read and understood the Terms and Conditions that govern the FitnEarnCoin"s System, and give consent to FitnEarn to contact you for events, promotions, product information and discount. This will override the registry on NDNC/DND.
3. Members can benefit from the FitnEarnCoin System by availing the services on the FitnEarn App or Website.
4. The FitnEarn Coin System is open to users of FitnEarn in India above 18 years of age only.
5. FitnEarn Coin"s System is for individuals only - it is not open to corporates or companies.
6. Registration on FitnEarn product must be in the applicant"s full name and mobile number is mandatory. Only one registration per individual will be acknowledged.
7. FitnEarn Coin balance is not transferable. The person named in database must be present at the time of purchase to be eligible for FitnEarn Coins available as per the System.
8. Misuse of FitnEarn Coin"s or other System benefits may result in termination of membership or withdrawal of benefits at the sole discretion of FitnEarn.
9. No accumulation or redemption of FitnEarn Coins will be permissible if, on relevant date, the FitnEarn Account has been deleted or is liable to be deleted or if the account of the User is a defaulted account or if there is any breach of any clause of these Terms and Conditions.
10. The FitnEarn Coin"s System is valid for use during the course of FitnEarn Coin"s System.
11. FitnEarn reserves the right to refuse FitnEarn Coin"s System to an applicant without assigning any reason whatsoever.
12. FitnEarn may suspend or terminate the Refer and Earn program or any user"s ability to participate in the program at any time for any reason at their sole discretion.
13. Usage conditions of FitnEarn Coins may change at the discretion of FitnEarn, at any
point in time.
FitnEarn reserves the right to amend these terms and conditions at any time without any prior notice. Modifications of these terms will be effective from the time they are updated in the Terms and Conditions section.
A product purchased by redemption of FitnEarnCoins from FitnEarn store is governed by and subject to the applicable Seller policies, including applicable exchange and shipping policies. You agree that we are neither the agents of any seller or manufacturer of the products and hence the products quality offered are not under our control. Accordingly, we do not assume any liability, obligation or responsibility for any part/complete product. Due diligence must be done at your end before purchasing any product either by Fitnearn coins or directly by cash.
Earning FitnEarn Coins
A user can earn FitnEarn Coins by-a. Performing/Watching any exercise video associated with Mood-Board Challenges.
b. Refeferring and registering new users on FitnEarn only on completion of task associated with referral.
c. Performing/Walking daily steps (tracking of the same is done by Google Fit SDKs & APIs) limiting up to 10000 for non premium users and 20000 for premium users.
d. Participating in a Step, Exercise or Meditation Challenge on FitnEarn Challenge Board.
e. On purchase of a premium subscription plans on FitnEarn.
f. Performing/Watching any exercise video associated with Workout plans. This is available for premium users of FitnEarn.
NOTE:
THE COMPANY HEREBY CLARIFIES THAT FITNEARN COINS ARE BEING GRANTED BY US AT OUR DISCRETION ONLY.
By referring FitnEarn to your friends, both user and users friend will receive 10 FitnEarn Coins each upon successful registration by users friend on FitnEarn and completion of the task associated with the referral. Users friend must not have installed the FitnEarn app on any of their devices before. The Email ID and/or phone number through which the friend signs up with FitnEarnapp, must not have been used for signing up with FitnEarn earlier. The mobile number provided by the friend to receive the OTP must not have been used to sign up earlier. The device on which the users friend downloads the FitnEarnapp should not be rooted or jail-broken. FitnEarn app should not be installed using App runtime for Chrome, emulators or simulators.
If your friends use someone else"s referral link, the person whose link was used first to download the FitnEarn App would get benefits, even though you had referred them first. The first link used to install the app by your friend would be considered for the referral FitnEarn Coins. FitnEarn reserves all rights to change the amounts conferred under the Refer and Earn program at any point in time.
Your unique referral links/code should only be used for personal and non-commercial purposes. You cannot distribute/publish your unique referral link/code where there is no reasonable basis for believing that most of the recipients are personal friends (such as coupon websites, forums, Wikipedia etc.).
Users can refer to any number of people.FitnEarn Coins can only be earned through the use of FitnEarn App or Website only.
Depending on the coins associated to the particular exercise you complete from Mood-board Challenges, Workout Plans Exercises, Step, Exercise and Meditation Challenges Exercises as on date, a certain amount of FitnEarn Coins will be credited to the users FitnEarn account. FitnEarn Coins earned by a user will be credited to the user account within the next 24 hours.
FitnEarn Coins cannot be transferred to your bank account. Additionally, FitnEarn Coins across multiple accounts cannot be combined into a single account. FitnEarn Coins cannot be exchanged for any currency outside FitnEarn. Users can exchange the FitnEarn coins to FitnEarn Cashback Gift Rewards after reaching milestones time to time. The gift cashback rewards will be provided to the user within 3-5 business days after reaching a particular FitnEarn Coin milestone and submission of Cashback Gift Card form on FitnEarn App/Website. The exchange/conversion rate of FitnEarn coins with FitnEarn Cashback Gift card is solely at discretion of FitnEarn. We value everyone effort and thus reward user on completion of exercises and activities to keep them motivated on the path of fitness and overall well-being.
No two offers or discounts available can be clubbed together unless specified otherwise.
FITNEARN COINS EARNED AS A RESULT OF FRAUDULENT ACTIVITIES WILL BE REVOKED AND DEEMED INVALID.
In case the FitnEarn Coins are not credited to your account, please write to “help-support@fitnearn.com”.
Redemption of FitnEarn CoinsFor the purpose of redemption, 10 (Ten) FitnEarn Coin will be equal in value to Rs.1 (Rupee One) as the base value initially, which is subject to change based on the contribution of the users which will affect the exchange rate on the FitnEarn App or Website. However, FitnEarn reserves the right to modify the formula used for calculating the exchange rate/value of the FitnEarn Coins.
FitnEarn Coins can be redeemed on purchase of any product or service from the FitnEarn Store available on FitnEarn App or Website.
When you make a purchase using FitnEarn Coins balance, in the event of a cancellation request of the purchase, the FitnEarn Coins used will not be credited back to your FitnEarn Coin balance.
On redemption, the FitnEarn Coins so redeemed would be automatically subtracted from the accumulated FitnEarn Coins in your FitnEarn Account. Similarly, on exchange of FitnEarn coins to FitnEarn Cashback Gift Rewards and the cashback rewards have been redeemed or utilised by the user it would automatically subtract from the accumulated FitnEarn Cashback Gift Rewards.
FitnEarn Store
All Products listed for sale at the FitnEarn Store are subject to availability and restrictions at the time of purchase. The Products listed in the FitnEarn are subject to change without any prior notice.
Products listed on FitnEarn Store are meant for end-consumers only (and not resale). We may refuse to service your order if we suspect that you are buying Products for resale.
FitnEarn may cancel or refuse your order, or limit the quantity of Products stated in your order, at its sole discretion. FitnEarn may also require further information from you before confirming or processing your order.
The price of products is displayed in Indian Rupees. It may exclude delivery charges, postage and handling charges, conveyance charges, and/or applicable taxes. However, the total price of Products (including voluntary and involuntary charges) will be shown to you and your consent will be taken before confirming any order.
We endeavour to deliver purchased Products to you as soon as possible, as per the indicative delivery schedule shown on our Mobile Application/Website.
However, the actual delivery times may vary, and depend on many factors beyond our control (like area/PIN code of delivery, processing of shipments by our logistics vendors, availability of transport services, or any other factors not within our control). We assume no liability if Products are delivered after the indicative delivery schedule.
Title in Products bought from the FitnEarn Store will pass to you upon delivery of the Products to our transport carrier. However, the risk of loss or damage to Products will pass to you upon delivery of the Products at your submitted address.
FitnEarn does not accept liability for damage to persons or property whatsoever caused in relation to Products bought by FitnEarn Users through FitnEarn Store.
FitnEarn will not be liable or responsible for the Products offered through the FitnEarn Store and FitnEarn gives no warranty (whether express or implied) or representation either express or implied with respect to type, quality or fitness of goods acquired or their suitability for any purpose, whatsoever.
If a Product delivered to you has obvious damage upon receipt, or is not the Product you ordered, you can request an exchange/replacement from FitnEarn, as long as you make your request within 7 working days of the date of receipt of the Product. We may contact you to confirm Product damage or to identify the Product delivered to you, before confirming an exchange/replacement. Please ensure that you retain Products in original condition, the Product packaging, price tags, supporting accessories and information booklets/brochure, to allow us to process an exchange/replacement.
You are responsible for determining if the Product you purchase is compatible with other equipment (if such other equipment is required). You acknowledge that an absence of compatibility is not a defect in the Product permitting you to exchange/return it.
Any images displayed on the FitnEarn Store for Products are for illustrative purposes
only. Characteristics of actual Products may vary.
FEES AND PAYMENT
We accept the following forms of payment:
Credit Card
Debit Card
Net Banking
Mobile Wallet
UPI
You may be required to purchase or pay a fee to access some of our services. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Website/Mobile Application. You further agree to update your account promptly and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We bill you through an online billing account for purchases made via the Website/Mobile Application. GST will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in Indian National Rupees.
You agree to pay all charges or fees at the prices then in effect for your purchases and you authorise us to charge your chosen payment provider for any such amounts upon making your purchase.
We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Website/Mobile Application.
We use advanced encryption technology, consistent with industry practice, to protect your payment information. All payments on the Platform are processed through secure and trusted payment gateways, managed by leading banks or service providers. We understand that banks use the 3D secure password service for online transactions, adding another security layer.
Any accepted refunds/chargebacks will be routed back to the payer using the same mechanism by which payment was made. For example, an accepted refund for a payment made through a debit card, will be routed back to the debit card holder’s bank account.
Subscription (To access certain premium features by User):Subscription is automatically renewed at the end of each Subscription Period unless you cancel it at least 24 hours before the expiry of the current Subscription Period. If you do not cancel the Subscription at least 24 hours before the expiry of the current Subscription Period, the Subscription fees for the next Subscription. Period will be taken during the 24 hours before the expiry of the current Subscription Period.
If a Subscription fee cannot be taken due to the absence of monetary funds, invalidity of credit card or for any other reasons, the Subscription will not automatically end. The Subscription will automatically restart as soon as valid payment details are provided. Cancellation of a Subscription can only be done at your manual request. Please see the section below "How can I cancel a Subscription" for further details.
CANCELLATION
You can manage and cancel your subscriptions at any time in the Account Settings of your device. For iOS subscriptions, please see Apple"s support page at https://support.apple.com. For Google Play subscriptions, please see Google Play"s support page at https://support.google.com/googleplay.
FitnEarn may terminate your account at any time without notice if it believes that you have violated this terms of use. Upon such termination, you will not be entitled to any refund for purchases.
All payment, billing and transaction processes are handled by the relevant third-party distributor or platform such as Apple"s App Store or Google"s Google Play. For any payment related issues, you may contact such distributors directly. For any other issues, please write to us at help-support@fitnearn.com.
There are no refunds on subscription after the 7-Day free trial. Users can stop the subscription for subsequent months without penalties.
ECOMMERCE TERMS
If a product delivered to you has obvious damage upon receipt, or is not the Product you ordered, you can request an exchange/replacement from FitnEarn, as long as you make your request within 7 working days of the date of receipt of the Product. We may contact you to confirm Product damage or to identify the Product delivered to you, before confirming an exchange/replacement. Please ensure that you retain Products in original condition, the Product packaging, price tags, supporting accessories and information booklets/brochure, to allow us to process an exchange/replacement. However, you may have to bear shipping charges, packaging charges, and/or applicable taxes, in respect of exchanged/replaced Products.
If you are unsatisfied with our services, or would like to request a return/refund, please email us at help-support@fitnearn.com or call us at +91-8630222654.
IN ADDITION TO TERMS AND CONDITIONS STIPULATED FOR ECOMMERCE TERMS KINDLY REFER THE RETURN AND REFUND POLICY OF FITNEARN AVAILABLE ON APP/WEBSITE.
COMMUNITY STANDARDS AND CONDUCT GUIDELINES
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used concerning any commercial endeavours except those that are specifically endorsed or approved by us.
As a user of the FitnEarn Services, you adhere and agree not to:
1.Systematically retrieve data or other content from the Website/Mobile Application to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
2.Make any unauthorized use of the Website/Mobile Application, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
3.Use a buying agent or purchasing agent to make purchases on the Website/Mobile Application.
4.Use the Website/Mobile Application to advertise or offer to sell goods and services.
5.Circumvent, disable, or otherwise interfere with security-related features of the Website/Mobile Application, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Website/Mobile Application and/or the Content contained therein.
6.Engage in unauthorized framing of or linking to the Website/Mobile Application.
7.Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
8.Trick, defraud, or mislead us by earning Fitnearn coins with falsified methods or by using system bots, software etc.
9.Make improper use of our support services or submit false reports of abuse or misconduct.
10.Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
11.Interfere with, disrupt, or create an undue burden on the Website/Mobile Application or the networks or services connected to the Website/Mobile Application.
12.Attempt to impersonate another user or person or use the username of another user.
13.Sell or otherwise transfer your profile.
14.Use any information obtained from the Website/Mobile Application in order to harass, abuse, or harm another person.
15.“Stalk” or otherwise harass another user or employee of the Services.
16.Access or attempt to access another user’s account without his or her consent.
17.Use the Website/Mobile Application as part of any effort to compete with us or otherwise use the Website/Mobile Application and/or the Content for any revenue-generating endeavour or commercial enterprise.
18.Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in anyway making up a part of the Website/Mobile Application.
19.Attempt to bypass any measures of the Website/Mobile Application designed to prevent or restrict access to the Website/Mobile Application, or any portion of the Website/Mobile Application.
20.Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Website/Mobile Application to you.
21.Delete the copyright or other proprietary rights notice from any Content.
22.Copy or adapt the Website/Mobile Application software, including but not limited to Flash, PHP, HTML, JavaScript, Angular or any other code.
23. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Website/Mobile Application or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Website/Mobile Application.
24.Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
25.Except as may be the result of a standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Website/Mobile Application, or using or launching any unauthorized script or other software.
26.Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Website/Mobile Application.
27.Use the Website/Mobile Application in a manner inconsistent with any applicable laws or regulations.
28.Your privilege to use the Services depends on your compliance with the community standards and conduct guidelines set forth above. We may revoke your privileges to use all or a portion of the Services and/or take any other appropriate measures to enforce these community standards and conduct guidelines if violations are brought to our attention. Further, if you fail to adhere to our community standards and conduct guidelines, or any part of these Terms & Conditions, we may terminate, in our sole discretion, your use of, or participation in, any Public Forum or the Services. Any violation of this section may subject you to civil and/or criminal liability.
YOU AGREE AND UNDERSTAND THAT YOU MAY BE HELD LEGALLY RESPONSIBLE FOR DAMAGES SUFFERED BY OTHER MEMBERS OR THIRD PARTIES AS THE RESULT OF YOUR REMARKS, INFORMATION, FEEDBACK OR OTHER CONTENT POSTED OR MADE AVAILABLE ON THE SERVICES (INCLUDING ANY FORUM) THAT IS DEEMED DEFAMATORY OR OTHERWISE LEGALLY ACTIONABLE. UNDER SECTION 79 OF THE INFORMATION TECHNOLOGY AMENDMENT ACT, 2008, FITNEARN IS NOT LEGALLY RESPONSIBLE, NOR CAN IT BE HELD LIABLE FOR DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION TO ANY DEFAMATORY OR OTHERWISE LEGALLY ACTIONABLE REMARKS, INFORMATION, FEEDBACK OR OTHER CONTENT POSTED OR MADE AVAILABLE ON THE SERVICES.
ANTI HARRASMENT POLICY
FitnEarn is committed to creating a safe and inclusive environment for all users. Harassment in any form is strictly prohibited on our platform, to ensure a welcoming and positive experience for everyone in our community. This policy applies equally to all users, protecting both public figures and private individuals from harassment and abuse. We encourage the use of FitnEarns reporting tools to help safeguard our community against such behaviour. Violations of this policy will lead to immediate exclusion from the FitnEarn community and termination of the offenders account.
Prohibited Behaviours Include:
Enforcement
FitnEarn takes these policies seriously and will take immediate action against those found in breach. Our goal is to maintain a safe space for dialogue, growth, and connection within the fitness and wellness community. We reserve the right to remove any content that violates these guidelines and to take appropriate measures, including account termination, against those responsible for such violations.
FITNEARN COMMUNITY/SOCIAL CONTRIBUTIONS POLICY
FitnEarn provides interactive spaces such as forums, blogs, chat rooms, groups, and messaging features (collectively, “Community/Social Features”) as part of our Services. These are designed to allow you to upload, share, post, or otherwise exchange content and information with other users. All interactions within these Community Features are public and not private. You bear sole responsibility for the content you share ("User Contributions") and the consequences thereof.
Contributions on the Platform
Through the FitnEarn platform, you are encouraged to engage, share, and contribute by posting, transmitting, or submitting various forms of content, including texts, videos, photos, graphics, and personal insights (collectively, "Contributions"). These Contributions may be accessible to other platform users and possibly through external sites. By sharing Contributions, you accept that they are considered non-confidential and non-proprietary.
By providing contributions, you affirm that:
By linking your Third-Party Accounts, you affirm that you have the right to share your login details with us and allow us access without violating any terms of those accounts or incurring additional fees or limitations from the third-party providers.
Access and Use of Social Network Content
Upon linking your Third-Party Accounts:
Important Considerations
Your relationship with any Third-Party Account providers is governed solely by your agreement with them. FitnEarn does not review Social Network Content for accuracy, legality, or adherence to copyright laws, and is not responsible for the content shared through these integrations.
You agree that FitnEarn may access your contact lists or email address books linked to Third-Party Accounts solely to identify and notify you of contacts who are also users of FitnEarn. To disconnect your FitnEarn account from Third-Party Accounts, you may use the provided contact methods or adjust your account settings accordingly. We aim to remove any data received through Third-Party Accounts from our servers upon disconnection, except for data such as usernames and profile pictures that have become associated with your FitnEarn account.
By utilizing the social media integration features of FitnEarn, you acknowledge and consent to these terms, enhancing your connectivity and experience within our platform.
THIRD PARTY WEBSITES AND CONTENT
The FitnEarn platform may feature links to external websites ("Third-Party Websites") and include or offer access to content such as articles, photos, text, graphics, music, videos, apps, and other materials created by third parties ("Third-Party Content"). Please note, FitnEarn does not conduct thorough reviews, monitoring, or checks on the accuracy, suitability, or completeness of any Third-Party Websites or Third-Party Content. As such, we cannot be held accountable for the content, quality, or policies of any Third-Party Websites or Third-Party Content accessed via our platform.
Disclaimer
The presence of links to Third-Party Websites or the inclusion of Third-Party Content on the FitnEarn platform does not imply our endorsement or approval. Deciding to engage with any Third-Party Websites or Third-Party Content is at your discretion and risk. Once you leave the FitnEarn platform, our Terms and Conditions no longer apply, and you are advised to review the terms, privacy policies, and practices of any Third-Party Websites you visit or from which you download or use content.
Purchases and Interactions with Third-Party Websites
Any transactions or interactions you engage in with Third-Party Websites, including purchases, are strictly between you and the respective third party. FitnEarn assumes no responsibility for such transactions or interactions. It is your responsibility to ensure that any products, services, or information obtained from Third-Party Websites meet your expectations and comply with the relevant terms of sale or service.
Indemnity
You agree to absolve FitnEarn from any responsibility for losses or damages you may incur due to, your use of Third-Party Content or interactions with Third-Party Websites. This includes holding FitnEarn harmless against any claims related to the products or services offered or advertised on these external sites.
BY USING THE FITNEARN PLATFORM, YOU ACKNOWLEDGE AND ACCEPT THIS POLICY REGARDING THIRD-PARTY WEBSITES AND THIRD-PARTY CONTENT, RECOGNIZING THAT YOUR USE OF SUCH EXTERNAL RESOURCES IS GOVERNED BY THEIR RESPECTIVE TERMS AND NOT BY FITNEARN’S POLICIES.
FITNEARN PLATFORM MANAGEMENT AND OPERATIONS POLICY
Platform Oversight and Enforcement
Modifications, Pauses, and Service Interruptions
FitnEarn reserves the complete authority to:
Failure to initiate a claim within this timeframe will result in the permanent waiver of the right to pursue that cause of action.
FITNEARN DISPUTE RESOLUTION FRAMEWORK Amicable Resolution Attempt
For any disputes, controversies, or claims arising from or related to this Agreement or any services provided by the FitnEarn platform, including questions about its existence, validity, or termination, both parties will endeavour to resolve the matter amicably. If a resolution cannot be reached within 30 days of notifying the other party of the dispute, either party has the option to proceed to binding arbitration.
Binding Arbitration Process
In line with the Indian Arbitration & Conciliation Act, 1996, unresolved disputes will be submitted to binding arbitration. This process will address the dispute on an individual basis, without consolidation with claims of other parties. A sole arbitrator, appointed according to the Act, will oversee the arbitration, which will take place in Pune, with English as the arbitration language. Both parties retain the right to seek interim relief from a Pune jurisdiction court to protect their rights or property while arbitration is pending. The confidentiality of the arbitration process is paramount, with disclosures only permitted as required by law or for enforcing the arbitration award. The costs of arbitration, including administrative fees and legal expenses, will be shared equally between the parties.
Arbitration Limitations
Arbitration will be limited strictly to the dispute between the involved parties, under the following conditions:
In situations where arbitration is deemed inapplicable or unenforceable, such disputes will be resolved in the competent courts within the jurisdiction of Pune, to which both parties agree to submit.
THIS DISPUTE RESOLUTION POLICY WILL REMAIN EFFECTIVE EVEN AFTER THE TERMINATION OF THE AGREEMENT.
CONTENT CORRECTIONS POLICY
On occasion, the FitnEarn Website or Mobile Application may display content that includes typographical mistakes, inaccuracies, or missing information related to service descriptions, pricing, availability, and more. We are committed to maintaining accurate and up-to-date information, and as such, we hold the authority to rectify any errors, inaccuracies, or omissions. Furthermore, we may modify or refresh content at any moment without issuing a prior announcement.
FITNEARN USAGE DISCLAIMER
The FitnEarn Website and Mobile Application are made available to you on an "as-is" and "as-available" basis. Your decision to access and use our platform and services is at your own risk. We expressly disclaim, to the maximum extent allowed by law, all warranties, whether express or implied, including but not limited to implied warranties of merchantability, suitability for a specific purpose, and non-infringement.
We do not guarantee the accuracy, reliability, or completeness of any content found on the FitnEarn platform or any linked sites. FitnEarn assumes no liability for any errors or inaccuracies in content, any personal injury or property damage arising from your use of the platform, unauthorized access to our servers, interruption or cessation of communication with the platform, or any harmful components that may be transmitted by third parties through our platform. Additionally, we are not responsible for any loss or damage resulting from the utilization of content posted, shared, or made available through the FitnEarn platform.
FitnEarn does not endorse, guarantee, or assume responsibility for any product or service advertised or offered by third parties through our platform or any hyperlinked website, nor do we oversee any transactions between you and third-party providers. When engaging in transactions or using products and services found through FitnEarn or any linked sites, we advise you to exercise caution and make informed decisions.
This disclaimer serves to highlight the inherent risks associated with using online platforms and to remind users to proceed with caution and make use of their best judgment when interacting with content, entering into transactions, or utilising services offered through the FitnEarn platform or its affiliates.
LIABILITY LIMITATIONS
FITNEARN, ALONG WITH OWNER, EMPLOYEES, AND AGENTS, SHALL NOT BE HELD ACCOUNTABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES. THIS INCLUDES, BUT IS NOT LIMITED TO, FINANCIAL LOSSES SUCH AS LOST PROFITS OR REVENUE, DATA LOSS, OR ANY OTHER FORM OF DAMAGE THAT MAY ARISE FROM YOUR ENGAGEMENT WITH THE FITNEARN WEBSITE OR MOBILE APPLICATION. THIS LIMITATION APPLIES REGARDLESS OF WHETHER WE HAVE BEEN INFORMED OF THE POTENTIAL FOR SUCH DAMAGES.
INDEMNIFICATION AGREEMENT
By utilising the FitnEarn platform, you commit to defend, indemnify, and absolve FitnEarn, its subsidiaries, affiliates, officers, agents, partners, and employees, from any claims, liabilities, losses, damages, or expenses, including reasonable attorney fees, brought forth by third parties due to or arising from your actions, including but not limited to:
Should such a situation arise, FitnEarn reserves the right to take over the exclusive defence and control of any claim you are obliged to indemnify against, and you must cooperate with FitnEarn’s defence strategy at your own cost. FitnEarn pledges to make a reasonable effort to keep you informed of any such claims, actions, or proceedings immediately upon awareness.
USER DATA POLICY
FitnEarn is committed to managing and preserving the data you share through our Website or Mobile Application, which includes data necessary for optimising the platform performance and enhancing your user experience. We implement encryption and conduct regular backups to safeguard this data. However, the responsibility for any data you transmit or generate through your activities on FitnEarn rests solely with you.
By using FitnEarn, you acknowledge and agree that FitnEarn will not be held accountable for any potential loss or corruption of your data. Furthermore, you relinquish any claims against FitnEarn related to such data loss or corruption.
DIGITAL COMMUNICATION CONSENT
Engaging with the FitnEarn platform, whether by browsing our site, sending emails, or filling out online forms, is considered a form of electronic communication. By using FitnEarn, you hereby consent to receiving communications from us electronically. This includes, but is not limited to, emails, notifications on our Website or Mobile Application, which fulfil any legal requirements that such communications be in writing.
By agreeing to these terms, you accept the validity of electronic signatures, digital contracts, electronic orders, and other virtual records used during transactions and interactions initiated or completed through FitnEarn or its services.
Furthermore, you relinquish any claim to the necessity of physical signatures, non-digital records, or other non-electronic methods of transaction confirmation and document retention that might be mandated by any law, regulation, or ordinance across various jurisdictions.
OTHER PROVISIONS
The entirety of the Terms and Conditions, along with any additional policies or operational guidelines provided by FitnEarn on the Website or Mobile Application, form the complete and exclusive agreement between you and FitnEarn. Our non-exercise or enforcement of any rights or provisions within these Terms does not equate to a waiver of such rights or provisions. These Terms are enforceable to the maximum extent permitted by law.
FitnEarn reserves the right to transfer or assign its rights and duties under these Terms to any party at any given time without restriction. We are not accountable for any loss, damage, or delays resulting from circumstances beyond our reasonable control. Should any section, or portion thereof, within these Terms be deemed invalid, illegal, or unenforceable, it shall be considered detachable from the rest, which shall remain in full force and effect.
No joint venture, partnership, employment, or agency relationship exists between you and FitnEarn due to, this agreement or through your use of the Website or Mobile Application. These Terms shall not be interpreted against the drafting party, thereby nullifying any defence you might have regarding their digital format or the electronic execution of these agreements.
USER QUERY, COMPLAINTS AND GRIEVANCE REDRESSAL
Should you require additional details about using the FitnEarn platform, encounter any violations of our Terms of Use, come across any content that may be deemed inappropriate, or if you have any complaints or issues needing resolution, we encourage you to reach out to us directly:
FitnEarn Contact Information
Address: 395, Purav Deen Dayal, Old Railway Road, Veer Bhawan Nagar, Roorkee-247667, Haridwar District, Uttarakhand, India
Phone: +91-8630222654
Email: help-support@fitnearn.com
Your concerns are important to us, and they will be addressed through our dedicated Grievance Redressal Mechanism. To ensure we can address your concerns effectively, please provide a comprehensive description of the issue, including any specific details or examples. This information will be invaluable in helping us understand and resolve your complaint or grievance promptly.
FitnEarn commits to resolving all grievances within a 30-day period from the receipt of the complaint, adhering to the timeframes set by relevant regulations. Your satisfaction and the integrity of our platform are our top priorities.