TERM OF USE

TERM OF USE

These Terms of Use (“Terms of Use“) are executed between you and Unlock Wellness Private Limited (hereinafter referred to as “unlock.fit“, “we“, “our” or “us“) and govern the usage or access of our Products and Platform (both, as defined hereinafter) and any other features and technologies we offer. 

 

These Terms of Use constitute a binding agreement between you and unlock.fit and its affiliates and subsidiaries. By accessing, using and/or registering on our Platform, you understand and agree to be bound by these Terms of Use, the privacy policy as is more particularly set forth on the Platform (the “Privacy Policy“), and related documents and any modifications or amendments made thereto by  unlock.fit from time to time, at its sole discretion. The Terms of Use, and our Privacy Policy (which addresses how we handle and protect your data and information), and any appendices, addendums, and schedules attached thereto shall be collectively referred to as “Terms“. If you do not agree to these Terms, you are not authorised to access or use our Products and/or Platform.

 

By accepting these Terms, you represent that you have the capacity to enter into, or, if you are acting on behalf of an entity, that you have the authority to bind such entity to a legally binding contract, and you agree that these Terms legally bind you or the entity on behalf of which you purport to act, in the same manner as a signed, written, paper contract. These Terms constitute an electronic record within the meaning of the Applicable Law. This electronic record is generated by a computer system and does not require any physical or digital signatures. Accessing, browsing and/or using the Platform, and/or Application and/or using any of the Products or services or information provided therein shall be deemed to signify the User’s (as defined hereinafter) unequivocal acceptance of the Terms. You expressly acknowledge and agree to be bound by the Terms of Use, regardless of however you or anyone on your behalf has accessed, installed, downloaded or used the Platform and whether or not you have registered on the Platform.

 

Please note that the information contained within your reports cannot be used as specific medical or diagnostic advice, but rather provides you with information to better understand wellness traits associated with your genotype. This is for guidance purposes only and is not a substitute for physician consultations, evaluation or treatment. Accordingly, you acknowledge that you shall exercise discretion in relation to the recommendations and/or information contained in our reports and that the same shall not be made subject to medico-legal scrutiny or challenge. If you have any specific concerns related to health status, genetic testing or lifestyle changes in relation to your own personal health, then please consult with a qualified healthcare professional.

 

            BY DOWNLOADING/INSTALLING, ACCESSING, COPYING OR USING THE PLATFORM, AND/OR OUR PRODUCTS AND SERVICES, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS; (B) REPRESENT THAT YOU ARE ATLEAST 18 YEARS OF AGE, OR THE REQUIRED LEGAL AGE IN YOUR JURISDICTION; AND (C) ACCEPT THESE TERMS AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL OR USE THE PLATFORM OR OUR PRODUCTS OR SERVICES AND DELETE THE APPLICATION FROM YOUR DEVICE.

 

Definitions

 

“Applicable Laws” shall mean any and all: (i) laws, statutes, constitutions, treaties, rules, regulations, ordinances, codes, guidance, and common law; and (ii) all judicial, executive, legislative, administrative or military orders, directives, decrees, injunctions, judgments, permits, agreements, and other legal requirements, in each case, of, with, or adopted or imposed by any Governmental Authority (as defined hereinafter), now or hereafter in effect and, in each case, as amended from time to time.

 

“Application“, singular or plural, refers to any html-based / internet-based computer programs, smart phone, tablet or personal computer applications and all other software programs made available to the Users by us.

 

“Confidential Information” shall have the meaning ascribed to it in Clause 13 of these Terms of Use.

 

“Content” means all information that is created, uploaded, posted and stored on the Platform such as text, photos, audio, video, or other materials and information, including the Products and services and includes any other information made available by unlock.fit on or through the Platform including proprietary  unlock.fit content and any content licensed or authorized for use by or through  unlock.fit from a third party.

 

“Customer” means any User who has purchased any of the Products made available on the Platform.

 

“Data Protection Law” means any data protection, data security or privacy law, including, without limitation, the Indian Information Technology Act, 2000 and applicable rules, regulations, EU General Data Protection Regulation 2016/679 (the “GDPR“), if applicable and any laws governing Personal Data (as defined hereinafter), Sensitive Personal Data or Information (as defined hereinafter), outbound telephone calls, transmission of electronic mail, transmission of facsimile messages and any other communication-related data protection, data security or privacy laws, to which either Party, as applicable, is subject to, in connection with the Terms.

 

“Genetic Information” means information regarding your genotypes generated through processing of your saliva by unlock.fit or by its contractors, successors, or assignees; or otherwise processed by  unlock.fit.

 

“Governmental Authority” means any government authority, statutory authority, regulatory authority, government department, agency, commission, board, tribunal or court or other law, rule or regulation making entity/ authority having or purporting to have jurisdiction on behalf of the Republic of India or any state or other subdivision thereof or any municipality, district or other subdivision thereof.

 

“Intellectual Property” or “IP” includes ideas, concepts, creations, discoveries, inventions, improvements, know how, trade or business secrets; trademarks, service marks, designs, utility models, tools, devices, models, methods, procedures, processes, systems, principles, synthesis protocol, algorithms, works of authorship, flowcharts, drawings, books, papers, models, sketches, formulas, proprietary techniques, research projects, copyright, designs, and other confidential and proprietary information, databases, data, documents, instruction manuals, records, memoranda, notes, user guides, in either printed or machine-readable form, whether or not copyrightable or patentable or protectable under any other intellectual property law, or any written or verbal instructions or comments.

 

“Intellectual Property Rights” or “IP Rights” include: (i) all rights, title, and interest under any statute or under applicable law including patent rights; copyrights including moral rights; and any similar rights in respect of the Intellectual Property, anywhere in the world, whether negotiable or not; (ii) any licenses, permissions and grants in connection therewith; (iii) applications for any of the foregoing and the right to apply for them in any part of the world; (iv) right to obtain and hold appropriate registrations in Intellectual Property anywhere in the world; (v) all extensions and renewals thereof; and (vi) causes of action in the past, present or future, related thereto including the rights to damages and profits, due or accrued, arising out of past, present or future infringements or violations thereof and the right to sue for and recover the same.

 

“Losses” shall mean all direct losses, damages, liabilities, costs (including legal fees), expenses, charges, interest, penalty, claims, arbitration, proceedings, suits and all sums paid in relation to any compromise or settlement of any claim, arbitration, suit or proceeding.

 

“Misuse” or “Abuse” means misuse or abuse of Content that is inconsistent with the spirit of the Terms, even if it is something that is not expressly or impliedly forbidden by the letter of these Terms. In other words, if you do something that is not prohibited here verbatim but is not expressly allowed or provided for by the Terms, unlock.fit is wholly entitled to use its discretion to remove the said content from the Platform and from all other appropriate places.

 

“Party” refers individually to each of you and unlock.fit.

 

“Parties” refer to both you and unlock.fit jointly.

 

“Personal Data” means any personally identifiable information relating to an identified or identifiable individual, including data that identifies an individual or that could be used to identify, locate, track, or contact an individual. Personal Data includes both directly identifiable information, such as a name, identification number or unique job title, and indirectly identifiable information such as date of birth, unique mobile or wearable device identifier, information that could be used to identify a household, telephone number, key-coded data or online identifiers, such as IP addresses, and includes any data that constitutes “personal data” under the GDPR or similar terms under other Data Protection Law. For the avoidance of doubt, Personal Data includes (without limitation) Personal Identification Information and Genetic Information.

 

“Personal Identification Information” means your name, address, identification number, phone number, and includes any other information by which you may be personally identified.

 

“Platform” means the  unlock.fit website located at https://www.unlock.fit/ or such website or any other Application powered by  unlock.fit to provide the Products and services, but does not include any website or mobile application owned or operated by a third party that may be accessed from any page on https://www.unlock.fit/  or mobile Application powered by unlock.fit. 

 

“Products” shall mean the wellness products and programs curated/created by unlock.fit that are made available on the Platform and shall include any and all services and features offered on the Platform, or made available by unlock.fit to the User, including services related to DNA testing and analysis including the provision of DNA kit and collection and analysis of saliva sample, blood tests, counselling sessions with experts such as genetic/fitness experts, participation in health and wellness programs etc.

 

“Sensitive Personal Data or Information” with respect to a person means such personal information which consists of information relating to: 

 

  • DNA data/saliva samples;
  • Recorded video uploaded by Users;
  • Blood reports and/or any other health assessment reports submitted/uploaded by the User including the nutrition assessment form and/or the health assessment form;
  • password;
  • financial information such as bank account or credit card or debit card or other payment instrument details;
  • physical, physiological and mental health condition;
  • sexual orientation;
  • medical records and history;
  • biometric information;
  • any detail relating to the above clauses as provided to us for providing Products and services; and
  • any of the information received under the above clauses by us for processing, stored or processed under lawful contract or otherwise.

 

“User” capitalised or otherwise, means the person who accesses and/or uses the Platform, associated services and if authorised and applicable, the entity on whose behalf any person accesses and/or uses the Platform and associated services. It is clarified that the term User shall include all Customers.

 

“User Account” shall have the meaning ascribed to it in Clause 3 of these Terms of Use.

 

“User Content” means any content such as text, photos, audio, video, or other materials and information, created, uploaded, posted, sent, received and stored on or through the Platform by the User and includes (without limitation) recorded training videos of the User.

 

“We” capitalized or otherwise, refers to unlock.fit and related phrases “us” and “our” should be understood accordingly.

 

“You” capitalised or otherwise, means the User. “Your” capitalised or otherwise, has a corresponding meaning.

 

  1. ELIGIBILITY

 

  • By checking any acceptance boxes, clicking any acceptance buttons, submitting any text or content or simply by browsing, accessing or making any use of the Platform, you: (i) accept the Terms and agree to be bound by each of its terms; and (ii) represent and warrant to unlock.fit that: (a) these Terms are binding and enforceable against you; (b) to the extent an individual is accepting these Terms on behalf of an entity, such individual has the right and authority to agree to all of the terms set forth herein on behalf of such entity; and (c) you have read and understood our Privacy Policy, the terms of which are incorporated herein by reference, and agree to abide by the Privacy These Terms are made between you and us and shall come into effect on the date you access the Platform and/or download the Application and/or your User Account is created whichever is earlier, and shall continue unless and until terminated by us or you in accordance with the Terms.

 

  • In the event that the User or anyone acting on the User’s behalf does not wish to be bound by the Terms, the User (or the legal person/entity acting on the User’s behalf) unequivocally agrees to refrain from accessing, using or retaining the Platform and the Products on any device in any manner whatsoever. The User agrees that anything done or caused to be done by the User or anyone acting on the User’s behalf, whether expressly or impliedly that is in contravention of the Terms will render the User liable for legal and punitive action.

 

  • While individuals under the age of 18 (eighteen) may utilize/browse the Platform, they shall do so only with the involvement, guidance and supervision of their parents and / or legal guardians, under such parent / legal guardian’s registered account. unlock.fit reserves the right to terminate your access and refuse to provide you with access to the Platform if unlock.fit discovers that you are under the age of 18 (eighteen) years or the required legal age in your jurisdiction. You further represent and warrant that you are not under any legal or other deficiency which prevents/may prevent you from: (i) entering into a valid contract under the Applicable Laws; and (ii) making valid payment to unlock.fit for the services availed by you. No purchase shall be made by an individual under the age of 18 (eighteen) on the Platform without the intervention, guidance and the supervision of their parent/guardian.

 

  • You are responsible for, and agree to comply with, all laws, rules, and regulations applicable to your use of the Platform and the Products, any transaction you enter into on the Platform, or in connection with your use of the Platform.

 

  1. ACCEPTANCE OF TERMS

 

These Terms of Use form an electronic contract that establishes legally binding terms that the User must accept to use the Products provided by unlock.fit through the Platform. These Terms of Use include by reference other terms disclosed and agreed to by the User in the event the User registers for, purchases, or accepts additional features, services in addition to the Products, including but not limited to terms governing features, billing, discounts, promotions, etc.

 

  1. ACCOUNT REGISTRATION

 

  • In order to access certain features of the Platform, and to purchase a Product, you must register to create an account (“User Account“). The Platform requires you to register as a Customer by creating a User Account in order to utilize the services offered by unlock.fit on the Platform. You will be responsible for maintaining the confidentiality of the User Account information, its password and are fully responsible for all activities that occur under your User Account. You agree to: (i) immediately notify unlock.fit of any unauthorized use of the User Account information or any other breach of security; and (ii) ensure that you exit/log out from the account at the end of each session. unlock.fit cannot and shall not be liable for any loss or damage arising from your failure to comply with this Clause. You may be held liable for losses incurred by unlock.fit or any other customer or visitor to the Platform due to authorized or unauthorized use of your User Account as a result of your failure in keeping your User Account information secure and confidential.

 

  • fit may require you to register your User Account through your account with certain third-party social networking services, such as Facebook or Google (“SNS Account“). In such case, you will have the ability to disable the connection between your User Account and your SNS Account at any time, by accessing the “Settings” section of the Platform.

 

  • At the time of registration, you shall ensure that the User Account information provided by you on the Platform registration form is complete, accurate and up-to-date. Use of another User’s account information is expressly prohibited.

 

  • fit allows restricted access to the Platform for unregistered Users. We shall also not charge any fees for creating and registering a User Account on the Platform. Your access of the Products and Platform is free of charge. You shall only be charged for any orders placed by you on the Platform for purchasing the Products. However, please note that this is subject to change and unlock.fit shall, at its sole discretion, have the right to charge Users any fee that it may deem appropriate by amending these Terms of Use.

 

  1. DESCRIPTION OF THE PRODUCTS

 

  • Through the Platform, you can browse through the Products, any information provided on the Products by unlock.fit and purchase any of the Products. You may view the Products as an unregistered visitor to the Platform. However, if you wish to purchase the Products, you must first register as a Customer and create a User Account.

 

  • The Products are displayed on the Platform with their detailed description. We have made every effort to display as accurately as possible the information, descriptions, and images of our Products. We will not be held responsible for any mistakes or omissions to any information given. We reserve the right to correct inaccuracies at any time without prior notice.

 

  • We reserve the right to refuse any order you place with us. We reserve the right, but are not obligated, to limit the provision of our Products and services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of the Products are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Product at any time. In the event that, we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

 

  • We do not warrant that the results and/or quality of any Products, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the services will be corrected.

 

  1. PRICING

 

  • The prices of the Products are as mentioned on the Platform and are inclusive of the base price, all applicable taxes, shipping costs, excluding custom duties (if applicable). Please note that depending on your geographical location, the shipping cost for the Products may vary, and you shall be notified of the final price at the time of check out while making payment for the Products on the Platform. We reserve the right to change the price of any of our Products without any prior notice. You are obligated to confirm the price mentioned on the Platform before placing any order. Please note however that in the event any change in the Applicable Law or laws of the country where the Products are being delivered results in an increase in the price of the Products including but not limited to an increase in custom duties, export duties etc., then you shall be liable to bear such extra costs as communicated to you by unlock.fit.

 

  • In connection with your requested purchase, you will be asked to provide customary billing information such as name, billing address and credit/debit card information either to unlock.fit or its third-party payment processor. You agree to pay unlock.fit for the purchase made on the Platform in accordance with the Terms, by one of the methods described on the Platform. You hereby authorize the collection of such amounts by charging the credit/debit card provided, either directly by unlock.fit or indirectly, via a third party online payment processor or by one of the payment methods described on the Platform. If you are directed to unlock.fit’s third party payment processor, you may be subject to terms and conditions governing the use of that third party’s service and that third party’s personal information collection practices. Please review their terms and conditions and privacy policy before using the services. You will be solely responsible for the security and confidentiality of your credit/ debit card details. unlock.fit expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of your credit/ debit card. Once your transaction is complete, you will receive a confirmation email summarizing your purchase from unlock.fit.

 

  • From time to time, we may offer special promotions for some or all of our Products, including discounts, limited edition Products etc. These offers may be for a limited time only and we reserve the right to change or discontinue such offers at any time.

 

  • If we are unable to collect any amounts you owe for an order placed by you, we may engage in collection efforts to recover such amounts from you. You hereby explicitly agree that all communication in relation to amounts owed will be made by electronic mail or by phone, as provided to us by you. Such communication may be made by us or by anyone on our behalf, including but not limited to, a third-party collection agent.

 

  1. DELIVERY OF PRODUCTS

 

  • Depending on the Product you have purchased, your result could reveal anything from your training intensity response, aerobic trainability and recovery capacity, to a detailed breakdown of your macro and micro-nutrient needs, diet type recommendations, caffeine and alcohol sensitivities, etc. These will allow you to make genetically informed choices about your lifestyle. Our laboratory shall carry out a sample analysis from the saliva test, DNA test, blood test, etc.; and carry out health assessments, mental well-being assessments; etc. We create a list of genetic variants and then interpret those variants to create your report. Your report will be available within 4 (four) weeks from the date of receipt of your sample.

 

  • The Products displayed on the Platform will include information with respect to the number of days it will take for the confirmed orders to be delivered. Quoted or acknowledged delivery dates are only estimated dates of delivery. We specifically disclaim liability for delays in delivery and any resulting consequential damage or losses.

 

  • Delivery of DNA kits: After placing your order successfully, our logistics team will deliver the DNA kit at the shipping address provided by you at the time of check out. You are required to provide your samples as per the instructions given on the DNA kit and on our Platform. You are required to log into your User Account and register your kit to schedule a sample pick up date and time. Our logistics team will confirm the date and time on your registered email and pick the sample according to the scheduled date. All information about your kit purchase and progress will be available on your User Account dashboard.

 

  • In providing us with your samples, you give us, our contractors, successors and assignees your consent to perform genetic testing on the DNA extracted from your saliva samples and disclose our DNA analysis results to you and other people that are specifically authorized. However, before such provision of samples to us, you have the right to refer to a genetic counsellor to help you decide if the Product is a right fit for you. Subsequently, you also have the right to speak to such a genetic counsellor or another healthcare professional about your results.

 

  • We will always endeavor to fulfill your order once completed and paid for. If a kit should become unavailable after your order has been confirmed and paid for, we will contact you to make arrangements for later delivery or refund the price you paid for the kit without any interest. You shall however not be entitled to claim any compensation in the event of an overdue delivery period.

 

  1. CANCELLATIONS AND REFUNDS

 

         An order may be cancelled within 2 (two) days of placing the order by sending a written request at support@unlock.fit. However, a cancellation fee shall be charged by unlock.fit if kits have been dispatched, samples have been collected, or tests have been run. In case the order has been delivered, we will only accept return of unopened kits, within 7 (seven) days of receipt. Once your return is received and inspected, we will notify you of the approval or rejection of your refund. If your request is approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original mode of payment within 15 (fifteen) days. Please note that return and refund of: (i) used kits; (ii) return request made outside the specified time frame; and (iii) Kits with tampered or missing items will not be entertained by us. Any refund by us would be provided after deducting any shipping and delivery charges incurred by us. 

 

  1. INSPECTIONS AND COMPLAINTS

 

  • The Customer shall be obliged to carefully inspect the items immediately upon arrival at their destination or to have these examined upon receipt by the Customer. unlock.fit must be informed in writing of any complaints at support@unlock.fit in respect of any defects to the items no later than within 3 (three) days after receipt of the items. No refunds shall be processed should the Customer fail to intimate unlock.fit within the abovementioned term. No refund requests shall be processed for any online programs and subscriptions once subscribed to by the User. It is clarified that refunds shall only be processed for physical items/Products purchased by the User on the Platform.

 

  • Any refund of the defective items shall be governed by the provisions of Clause 7 above for Cancellations and Refunds with respect to inspection of the returned item and timeline of the refund, if approved. If the defect is confirmed by unlock.fit, either an exchange or full refund will be provided to the Customer.

 

  1. REVIEWS AND FEEDBACK

 

  • Reviews

 

  • A User may have the option to leave a review regarding any Product purchased by the User (“Review“). The completed Review may be: (i) uploaded onto our Platform for the sole purpose of informing other Users of your opinion of the Product and its quality; and (ii) (wholly or partly) used and placed by unlock.fit at its sole discretion (e.g. for marketing, promotion, or improvement of our services) on our Platform or such social media platforms, newsletters, special promotions, apps, or other channels owned, hosted, used, or controlled by unlock.fit and our business partners. We reserve the right to adjust, refuse, or remove Reviews at our sole discretion insofar it violates any terms as set forth in this Clause. unlock.fit does not compensate or otherwise reward a User for completing a Review. The Review form should be regarded as a survey and does not include any (further commercial) offers, invitations, or incentives whatsoever. unlock.fit undertakes to use its best efforts to monitor and remove reviews that include obscenities or the mention of an individual’s name or reference to stolen goods.

 

  • fit will not accept Reviews which include:

 

  • profanity, sexually explicit, hate speech, discriminatory, threats, violence;
  • mention of full names, personal attack towards the staff;
  • promoting illegal activities (e.g. drugs, prostitution);
  • sites, emails and addresses, phone numbers, cc details; and/or
  • politically sensitive comments.

 

  • Feedback

 

We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Platform and Products (“Feedback“). You may submit Feedback by emailing us at support@unlock.fit.

 

  • You acknowledge and agree that all the Reviews and Feedback will be the sole and exclusive property of unlock.fit and you hereby irrevocably assign to unlock.fit and agree to irrevocably assign to unlock.fit all of your rights, title, and interest in and to all the Reviews and Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or Intellectual Property Rights therein. At unlock.fit’s request and expense, you will execute documents and take such further acts as unlock.fit may reasonably request to assist unlock.fit to acquire, perfect, and maintain its Intellectual Property Rights and other legal protections for the Reviews and Feedback.

 

  1. TERM & TERMINATION

 

  • Term

 

         These Terms will come into effect from the date that you access, browse the Platform and shall remain in effect until terminated in accordance with the Terms.

 

  • Termination and/or Suspension

 

  • We reserve the right, at our sole discretion, to suspend, deactivate or cancel your User Account and/or your access to our Platform and/or the Products and/or our services, without providing prior notice to you, if you: (i) breach the terms and conditions of the Terms; (ii) provide any information during the registration process or thereafter which is proved to be inaccurate, not current or incomplete; (iii) carry out an unauthorised use of the Platform, and/or its services; or (iv) have used the Platform, Products, and/or our services in a manner that violates the laws of India or which threatens the security or otherwise harms unlock.fit or its affiliates, personnel of unlock.fit, or other Users of the Platform and third parties.

 

  • You may terminate your User Account at any time by sending an email to support@unlock.fit. Please note that if your User Account is terminated, we do not have an obligation to delete or return to you any User Content you have posted to the Platform, including, but not limited to, any Reviews or Feedback, if any.

 

  • Notwithstanding any other provisions of the Terms, we reserve the right to suspend or discontinue the Products, services and the Platform either temporarily or permanently and either wholly or in part, for maintenance purposes or otherwise, without prior notice.

 

  • Provisions in these Terms of Use that are by their nature intended to survive termination (including, without limitation Clause 12 (Ownership and Rights), Clause 13 (Confidentiality), Clause 14 (Data Protection), Clause 15 (Indemnity), Clause 16 (Disclaimers), Clause 17 (Limitations of Liability), Clause 20 (Governing Law and Jurisdiction), Clause 21 (Dispute Resolution), Clause 22 (Privacy) and Clause 24 (Miscellaneous)) will continue to apply to you with full force and effect notwithstanding any termination of the Terms.

 

  • Amendment to the Terms

 

  • We reserve the right to revise, modify, or update the Terms from time to time and the most current version will be posted on the If a revision, in our sole discretion, is material, we will notify you by e-mail or through any other means of communication. Other revisions may be updated only on the Platform and you are responsible for checking such postings regularly. By continuing to use the Products and/or Platform after revisions become effective, you agree to be bound by the revised Terms. The revised Terms shall supersede all prior versions. If you do not agree to the revised terms, you may terminate the Terms in accordance with Clause 10.2 above.

 

  • In addition, in the event any regulatory authority that has provided us any license to provide the Products and/or Platform, revokes such license, you hereby agree that we may terminate these Terms, at any time, without liability on our part.

 

  1. USER CONDUCT

 

  • You understand and agree that you are solely responsible for your compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Platform, Products and Content. In connection with your use of our Platform, you may not, and you agree that you will not:

 

  • violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, tax regulations;

 

  • through any act or omission, threaten the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation;

 

  • use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Platform, or Content;

 

  • use the Platform for any commercial or other purposes that are not expressly permitted by these Terms;

 

  • copy, store or otherwise access any information contained on the Platform for purposes not expressly permitted by these Terms;

 

  • infringe the rights of any person or entity, including without limitation, their Intellectual Property, privacy, publicity or contractual rights;

 

  • interfere with or damage our Platform, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;

 

  • use our Platform, to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;

 

  • use our Platform in connection with the distribution of unsolicited commercial email (“Spam“) or advertisements unrelated to lodging in a private residence;

 

  • “stalk” or harass any other user of our Platform, or collect or store any personally identifiable information about any other user other than for purposes of transacting as a User;

 

  • register for more than one User Account or register for a User Account on behalf of an individual other than yourself without being authorized to do so;

 

  • impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;

 

  • use automated scripts to collect information or otherwise interact with the Platform;

 

  • post, upload, display, publish, submit or transmit any information or User Content that: (i) infringes, misappropriates or violates any third party’s patent, copyright, trademark, trade secret, moral rights or other Intellectual Property Rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any Applicable Law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is blasphemous, defamatory, obscene, libelous, pornographic, pedophilic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) harms minors in any way; (vii) is violent or threatening or promotes violence or actions that are threatening to any other person; (viii) is relating or encouraging money laundering or gambling; (ix) promotes illegal or harmful activities or substances; (x) deceives or misleads the addressee/users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; or (xi) creates liability for unlock.fit or causes it to lose (in whole or in part) the services of ISPs or other suppliers.

 

  • systematically retrieve, copy or download data or other Content from our Platform, to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise, either for your benefit or for the benefit of any other persons;

 

  • use, display, mirror or frame the Platform, or any individual element within the Platform, or Products or services, unlock.fit’s name, any unlock.fit trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without unlock.fit’s express written consent;

 

  • access, tamper with, or use non-public areas of the Platform, unlock.fit’s computer systems, or the technical delivery systems of unlock.fit’s providers;

 

  • attempt to probe, scan, or test the vulnerability of any unlock.fit system or network or breach any security or authentication measures;

 

  • avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by unlock.fit or any of unlock.fit’s providers or any other third party (including another user) to protect the Platform, and Content;

 

  • forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Platform, or Content to send altered, deceptive or false source-identifying information; or

 

  • attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Platform, or Content; or advocate, encourage, or assist any third party in doing any of the foregoing.

 

  • fit will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. unlock.fit may involve and cooperate with law enforcement authorities in prosecuting Users who violate these Terms of Use. You acknowledge that unlock.fit has no obligation to monitor your access to or use of the Platform, or the Products, or Content or to review or edit any User Content, but has the right to do so for the purpose of operating the Platform: (i) to ensure your compliance with these Terms of Use, including investigation of potential violations hereof; (ii) to comply with Applicable Law or the order or requirement of a court, administrative agency or other governmental body; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to user support requests; or (v) protect our rights, property or safety of our users and the public. unlock.fit reserves the right, at any time and without prior notice, to remove, suspend, edit, or disable access to any User Content that unlock.fit, at its sole discretion, considers to be objectionable for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content), in violation of these Terms or otherwise harmful to the Platform.

 

  1. OWNERSHIP & RIGHTS

 

  • Data Usage & Retention

 

  • The Personal Data that you provide to us or otherwise authorise us to have access to, is your property.

 

  • By purchasing our Products, and/or accessing the Platform, you grant us a license to collect, use, copy, transmit, store and back-up your Personal Data for purposes of providing the Products and/or for any other purpose(s) as contemplated by the Terms.

 

  • All Personal Data and Sensitive Personal Data provided to us by you shall be governed by the Privacy

 

  • Intellectual Property

 

  • You acknowledge and agree that unlock.fit owns and reserves the right, title and interest in and to the Products, Platform and Content.

 

  • As part of the Products, we grant you a non-exclusive, limited, royalty-free, revocable license, during the term of the Terms of Use to use our Platform to facilitate your personal, non-commercial use of our Products. Any rights relating to our Platform and Content that we do not expressly grant to you in writing are expressly reserved, and your access to and use of our Platform does not grant you an express or implied licence in respect of any of the Intellectual Property Rights that are owned by, licensed to, or controlled by us and our licencees.

 

  • To the extent required in order for us to operate this Platform and provide you with the Products, and/or promote the Platform, in any media or platform, you grant to us a non-exclusive, world-wide, royalty-free, transferrable, irrevocable licence and right to host, publicly display, transmit, distribute, or use (that includes the right to copy, reproduce, and/or publish) the User Content you upload onto this Platform. Insofar as User Content (including images) includes Sensitive Personal Data, such User Content will only be used for those purposes if such use complies with the applicable Data Protection Laws in accordance with the Terms of Use and the Privacy Unless otherwise agreed between the Parties, unlock.fit does not claim any ownership rights in any User Content and nothing in the Terms will be deemed to restrict any rights that the User may have to use or exploit its User Content.

 

  • You acknowledge and agree that you are solely responsible for all User Content that you make available through the Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Platform or you have all rights, licenses, consents and releases that are necessary to grant to unlock.fit the rights in such User Content, as contemplated under these Terms; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or unlock.fit’s use of the User Content (or any portion thereof) on, through or by means of the Platform, will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or Intellectual Property Rights, or rights of publicity or privacy, or result in the violation of any Applicable Law or regulation.

 

  • You acknowledge and agree that ‘unlock.fit’ is our trademark and shall not be used by you without our prior written consent.

 

  • Any distribution, reprint or electronic reproduction of any Content from the Platform, in whole or in part, is strictly prohibited without our prior written consent.

 

  • You acknowledge and agree that you shall not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other Intellectual Property or proprietary information accessible through the Products and/or Platform, without first obtaining the prior written consent of fit.

 

  1. CONFIDENTIALITY

 

During the course of your use of our Products and/or the Platform, you may receive information relating to us or to our Products, that is not known to the general public (“Confidential Information“). You agree that: (i) all Confidential Information will remain  unlock.fit’s exclusive property; (ii) you will use Confidential Information only as is reasonably necessary for your participation in our services and use of the Platform; (iii) you will not otherwise disclose Confidential Information to any other person or Third Party; and (iv) you will take all reasonable measures to protect the Confidential Information against any use or disclosure that is not expressly permitted in these Terms. You may not issue any press release or make any public statement related to our Products or services, or use our name, trademarks, or logo, in any way (including in promotional material) without our advance written permission, or misrepresent or embellish the relationship between us in any way.

 

  1. DATA PROTECTION

 

You agree that we shall have the right to collect and/or use or analyse your Personal Data or Sensitive Personal Data as set forth in the Privacy Policy.

 

  1. INDEMNITY

 

  • You release unlock.fit and agree and undertake to fully indemnify and hold unlock.fit, its affiliates, and its respective officers, directors, employees, successors, representatives, and agents harmless from and against all Losses howsoever arising from all claims, allegations, actions, proceedings, demands, or costs brought by a third party or other liability or expenses (including, without limitation, attorneys’ fees) (each, a “Claim“) that we may sustain or incur, directly or indirectly, arising from or as a result of your: (i) actual or alleged breach of the Terms; (ii) use of the Platform; (iii) access to, use, or Misuse or Abuse of the Content on, or any Products or service(s) offered through, our Platform; (iv) misconduct in any manner, including negligence and fraud, in connection with your use of our Platform, Products or any of the services; or (v) any actual or alleged infringement of any Intellectual Property Rights by you, and any personal injury, death, or property damage related thereto.

 

  • We will notify you of any such Claim or proceeding and assist you, at your expense, in defending the same. We reserve the right to assume, at your expense, the exclusive control and defence of any matter that is or may be subject to indemnification under this Should we exercise this right, you nevertheless agree to cooperate with any reasonable requests we make of you to assist with our defence of such matter.

 

  1. DISCLAIMER

 

  • FIT AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO THE OPERATION OF THE PLATFORM, PROVISION OF PRODUCTS OR SERVICES OR THE INFORMATION, CONTENT, OR MATERIALS OR SERVICES INCLUDED ON THE PLATFORM. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, UNLOCK.FIT AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. UNLOCK.FIT AND AFFILIATES FURTHER DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THE SERVICES. UNLOCK.FIT IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER OF THE PLATFORM. UNLOCK.FIT DOES NOT WARRANT OR COVENANT THAT THE SERVICES OR PLATFORM WILL BE AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, WILL BE SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PRODUCTS AND SERVICES AND ACCESS TO THE PLATFORM IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS. ANY MATERIAL OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR PRODUCTS OR SERVICES OR THE PLATFORM IS ACCESSED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM THE PLATFORM, OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

 

  • THE PLATFORM AND THE PRODUCTS AND SERVICES OFFERED THROUGH THE PLATFORM ARE ONLY AIMED TO PROVIDE ASSISTANCE TO YOU. UNLOCK.FIT IS NOT A MEDICAL ORGANIZATION AND OUR EXPERTS CANNOT AND DO NOT GIVE YOU MEDICAL ADVICE OR DIAGNOSIS. NOTHING CONTAINED ON OUR PLATFORM AND/OR SERVICES AND/OR PRODUCTS SHOULD BE CONSTRUED AS SUCH ADVICE OR DIAGNOSIS. THE INFORMATION AND EMAILS CREATED BY US FOR YOU ARE FOR GUIDANCE PURPOSES ONLY AND ARE NOT A SUBSTITUTE FOR PHYSICIAN CONSULTATION, EVALUATION, OR TREATMENT.

 

  • OUR EXPERTS MAY PROVIDE NUTRITIONAL CONSULTANCY AIMED AT OPTIMISING NUTRITION CHOICES. HOWEVER, KEEPING IN MIND THE COMPLEXITY OF THE HUMAN BODY AND BEHAVIOR, IT IS NOT POSSIBLE FOR UNLOCK.FIT TO GUARANTEE RESULTS. YOU ARE URGED AND ADVISED TO SEEK THE ADVICE OF A PHYSICIAN BEFORE BEGINNING ANY DIET REGIMEN.

 

  • Neither shall unlock.fit be responsible for the delay or inability to use the Platform or the Products, the provision of or failure to provide Products, or for any information, software, services and related graphics obtained through the Platform, or otherwise arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise. Further, unlock.fit shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Application that may occur due to technical reasons or for any reason beyond the Platform’s control. The User understands and agrees that any material and/or data downloaded or otherwise obtained through the Platform is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.

 

  • THESE LIMITATIONS, DISCLAIMER OF WARRANTIES AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.

 

  • Whilst we will use reasonable commercial efforts to ensure that all your submitted Personal Data and Confidential Information is accurately captured, extracted and/or entered into our system, we do not warrant that this process or that any reports and/or analysis generated by the Platform will be 100% (hundred percent) error free. You are responsible for reviewing and verifying all such reports and/or analysis and promptly informing us of any errors noted in writing. Subject to that, we will take steps to investigate and rectify any confirmed errors as soon as reasonably practicable following receipt of your

 

  1. LIMITATION OF LIABILITY

 

  • To the maximum extent permitted by law, we will not be liable to you for any Losses, (including loss of information, data, revenues, profits or savings) resulting, directly or indirectly, out of, or in any way connected with your access to, use of, or reliance on the Platform, Products or services including any special, consequential, punitive, incidental or other losses, expenses or damages arising out of or in connection with the use of the Platform whether in negligence, contract, tort, strict liability, or any other legal theory. You assume full responsibility for the use of the Products and/or the Platform.

 

  • We may at our sole discretion and without assigning any reason whatsoever at any time, deactivate or/and suspend your User Account and/or access to the Platform without giving any prior notice, to carry out system maintenance or/and upgrading or/and testing or/and repairs or/and other related work. Without prejudice to any other provisions of these Terms, we shall not be liable to indemnify you for any loss or/and damage or/and costs or/and expense that you may suffer or incur, and no fees or/and charges payable by you to the Platform for any purchase shall be deducted or refunded or rebated, as a result of such deactivation or/and suspension.

 

  • We may suspend performance of our services or access to the Products and Platform without liability where we have identified an actual or potential personal, financial or legal risk to the User (which may include the following circumstances: (i) if you breach these Terms or any of our policies; (ii) if you fail to reasonably cooperate with an investigation by us; or (iii) where we reasonably believe that your continued provision of any of our services would expose you or us or our respective affiliates or customers to a material security risk or a regulatory action.

 

  • Without limiting Clause 17.1 above, if you suffer Losses or damage as a result of our gross negligence or willful failure to comply with our obligations under these Terms, any claim by you against us will in any event be limited to the amount paid by you to unlock.fit for that particular Product or service which is purchased by you.

 

  • Market data and other information made available to you through the Platform may be obtained by unlock.fit from third parties. Whilst unlock.fit believes such market data or information to be reliable, neither unlock.fit nor such third parties guarantee the accuracy, completeness or timeliness of any such market data or information and are provided on “as is” basis.

 

  • You are solely responsible for all of your communications and interactions with other Users of the Platform, and with other persons with whom you communicate or interact as a result of your use of the Platform, Products or services, including, but not limited to, any Users. You understand that unlock.fit does not undertake to verify the statements of Users of the Platform, or the Reviews of any Products. unlock.fit makes no representations or warranties as to the conduct of Users of the Platform or their compatibility with any current or future Users of the Platform. You agree to take reasonable precautions in all your communications and interactions with other Users of the Platform and with other persons with whom you communicate or interact as a result of your use of the Platform, including, but not limited to, the Users, particularly if you decide to meet offline or in person regardless of whether such meetings are organized by unlock.fit.

 

  • You expressly agree that in the event of any statute, rule, regulation or amendment coming into force that would result in unlock.fit/Platform incurring any form of liability whatsoever, these Terms and any agreement thereof will stand terminated 1 (one) day before the coming into effect of such statute, rule, regulation or

 

  1. THIRD PARTY WEBSITES

 

  • The Platform may also enable you to link to the websites and to access the content, products and/or services of third parties, including users, advertisers, affiliates and sponsors of such third parties. We have no control over and are not responsible for any such third-party websites or content, products or services and you agree to bear all risks associated with your access to and/or use of any such third-party websites, content and

 

  • You are aware that all such third-party content is the responsibility of the respective authors thereof, and unlock.fit does not make any warranties or guarantees with respect to the same. You are further aware that unlock.fit does not: (i) guarantee the accuracy, completeness, or usefulness of any third party content provided through the Platform; or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion or statement made by any party that appears in the Platform. You acknowledge and agree that under no circumstances will unlock.fit or its affiliates be responsible or liable for any Losses resulting from your reliance on information or other Content posted on the Platform or transmitted to or by any Users or third parties.

 

  1. FORCE MAJEURE

 

Neither Party shall be liable for any failure or delay on its part in performing its obligations under these Terms, if such failure or delay is due in whole or in part, to “Force Majeure” conditions. Force Majeure for these Terms, shall mean incidents which could not have been reasonably predicted and which have resulted from circumstances beyond the control of the affected Party and which are limited to act of God, or governmental act, political instability, epidemic, pandemic, flood, fire, explosion, accident, civil commotion, war or computer viruses. The Party whose performance is prevented by Force Majeure shall take all reasonable actions within its power to comply as fully as possible herewith and to preserve and protect the respective interests of the other Party hereto.

 

  1. GOVERNING LAW AND JURISDICTION

 

  • These Terms will be governed by the laws of India.

 

  • The courts of New Delhi shall have exclusive jurisdiction over any disputes between the Parties arising out of or in relation to these Terms.

 

  1. DISPUTE RESOLUTION

 

  • Any complaint or dispute can be raised in writing to our compliance team at legal@unlock.fit.

 

  1. PRIVACY

 

Use of the Platform and the Products are also governed by the Privacy Policy. We only use your information as described in the Privacy Policy. We view protection of your privacy as a very important community principle. If you object to the Privacy Policy in any way, please do not use the Platform and/or the Products.

 

  1. GRIEVANCE OFFICER 

 

In the event you have any grievances, feedback or questions about the Platform or if you wish to make a complaint regarding any violation of the provisions of the Privacy Policy and the way your Personal Data is processed, you may contact us at the details as set out below, pursuant to which your grievance shall be redressed within 1 (one) month from the date of receipt of the grievance/complaint. 

 

Name: Mr. Shah Fahad Husami

Email ID: fahad@unlock.fit 

 

  1. MISCELLANEOUS

 

  • Waiver

 

            The failure of a Party at any time to insist on performance of any provision of the Terms is not a waiver of that Party’s right at a later time to insist on performance of that or any other governing provision of the Terms.

 

  • Severability

 

            If any term or provision of the Terms is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the terms and provisions of the Terms shall remain in full force and effect and shall in no way be affected, impaired or invalidated.

 

  • Notices

 

            Any notice given under the Terms by either Party to the other must be in writing, by email, or by electronic communication via the Platform and will be deemed to have been given on transmission, unless the recipient can satisfactorily establish that the email or electronic communication was not received by the recipient’s email or web server. Notices to unlock.fit must be sent by email to legal@unlock.fit or to any other email address notified by email to the Users by unlock.fit, or by electronic communication via the Platform from time to time for such purpose. Notices to the Users shall be sent to the email address provided when registering for setting up their User Account or by such other electronic communication via the Platform.

 

  • Assignment

 

            The User shall not have the right to assign or transfer the Terms, or any part thereof, without the prior written consent of unlock.fit. Any assignment without such consent shall be void and shall have no effect. unlock.fit shall have the right to assign or transfer the Terms without requiring the prior approval of the Users. 

 

  • Rights of Third Parties

 

            A person who is not a Party to these Terms has no right to benefit under or entitlement to enforce any term of these Terms.

 

  • Relationship of Parties

 

         You acknowledge and agree that nothing in the Terms shall cause or constitute the Parties to be partners, agents or fiduciaries of each other. You will have no authority to make or accept any offers or representations on our behalf. The Terms will not create an exclusive relationship between you and us.