Fitness Basix
Terms of Use and
Terms and Conditions​

Last modified: {{30/09/2020}} Effective date: {{30/09/2020}}

  1. BACKGROUND

These Terms of Use and Terms and Condition (hereinafter referred to as the “Terms” or “Terms and Conditions”) govern your access of the software, whether accessed: (a) on a computer connected to the internet at https://fitnessbasix.com (the “Website”); (b) on Fitness Basix’s social media properties; or (c) by the mobile device (individually and collectively, (a), (b), and (c) are the “Product”), as owned and operated by Fitness Basix (referred to in these Terms as “we”, “us” or the “Trainer/Company”). These Terms govern the use of all persons using the Product, including without limitation, the account manager or organization who registers an account on the Product (the “Account Manager”), all additional managers, teachers, and parents (collectively, along with the Account Manager, “You” or the “User”), who have registered for the use of the Product, and are binding on any use of the Product, and apply to You from the time that You access the Product. For clarification, “You” includes terms such as “your” and “yourself”.

Fitness Basix, including its employees, agents, or representatives is not engaged in rendering medical advice. Fitness Basix, including its employees, agents, or representatives do not hold themselves out as qualified to do so. We strongly recommend that you seek professional medical advice before embarking on any diet or exercise program.

  1. APPROVAL OF THE TERMS

This Training Program provides an online personal training service through which you can purchase fitness e-books, online video courses, and tailored fitness and diet programs.

These terms will apply to all users (“you”) of the Training Program and all purchasers of Products.

You must read these Terms carefully. If You do not agree to these Terms, please do not use the Product, browse the Website, or purchase any of our Products or Services. By accessing or using the Product, You represent, warrant, and signify that: (a) You are at least 18 years of age; (b) You have read, understood, and agree to be bound by these Terms as they may be amended from time to time; and (c) You have read and understand our Privacy Policy, which can be accessed here (the “Privacy Policy“), the terms of which are incorporated herein by reference, and agree to abide by the Privacy Policy.

You may not use the Product nor accept these Terms if you are not of a legal age to form a binding contract with us. If You accept these Terms, You represent that You have the capacity to be bound by them, or if You are acting on behalf of a company or entity, that You have the authority to bind such company or entity (and in which case “You” will refer to the company or entity).

  1. AMENDMENT

We may add to, discontinue or revise these Terms or any aspect, mode, design, or service provided under the Product, which include but are not limited to the:

  1. scope of the features;
  1. timing of the features;
  1. software/hardware required for access to the Product; and
  1. geographic locations or jurisdictions in which certain features may be available. We may amend the Terms without notice for non-material and material amendments.

We will post the most current Terms on the Website and Your use of the Product will be subject to the most current Terms as posted on the Website at such time. It is Your responsibility to visit this page to find any updates that may have been made to the Terms. You hereby agree that Fitness Basix shall not be liable to You, Your employees, or any other third party for any amendments to the Terms and Conditions.

  1. OUR PRODUCTS

The Products (hereinafter referred to as the “Products”) offered by Fitness Basix shall include but not be limited to the following:

  1. e-books;
  2. Videos;
  3. Training guides;
  4. Online coaching;
  5. Meal plans;
  6. Individually tailored personal plans (each a “Personal Plan”).
  1. PAYMENT TERMS

The fees payable in respect of the aforementioned Products (and accompanying services) will be clearly communicated to You before the purchase.

We are not liable for any payments that are not completed because:

(1) Your debit or credit card account does not contain sufficient funds to complete the transactions or the transactions would exceed the credit limit or overdraft protection of the debit or credit card account;

(2) You have not provided us with correct payment account information;

(3) Your debit or credit card has expired; or

(4) of circumstances beyond our control (such as but not limited to, power outages, interruptions of cellular service, overzealous fraud protection rules applied by your payment card brand or acquirer bank, or any other interface from an outside force).

  1. REGISTRATION

When You register as a member we will ask that You provide certain personal information including but not limited to Your name, email address, postal address, and Your payment details. Any personal information You provide to us will be handled by our Privacy and Data Protection Policy which can be shared with You upon request.

You agree that all personal information that You supply to us will be accurate, complete, and kept up to date at all times. We may use the information provided to us to contact You.

  1. LICENSE

On Your purchase of the relevant Product, we will grant to You, for Your own personal use only, a limited, non-exclusive, non-transferable license to access our training program and (as the case may be):

  1. access video on a streaming-only basis;
  2. access and download e-books;
  3. access and download personalized fitness plans;

You are not permitted to share any of the content licensed under these terms with any other individuals.

Except for the foregoing limited license, no right, title or interest shall be transferred to You.

  1. EXPECTED RESULTS

Although we aim to offer You the best service possible, we make no promise that the Training Program will meet Your requirements. We cannot guarantee that the Training Program will be fault-free.

While we believe that for most people, following our programs and methods will lead to the desired results. All exercise programs depend on the individual. The result will be affected by the effort and commitment of the individual. However, in some circumstances even where an individual follows our program, they may not achieve the desired results. We, therefore, provide no warranties of any kind, express or implied, as to:

  1. the effectiveness of any techniques, diets, or programs that we deliver;
  1. the results that You may achieve as a result of following our programs.
  1. LIMITATION OF LIABILITY

You hereby agree to release, remise, and forever discharge us and our employees, officers, and our affiliates, partners, service providers, vendors, and contractors and each of their respective agents, directors, officers, employees, and all other related persons or entities from any and all manner of rights, losses, costs, claims, complaints, demands, debts, damages, causes of action, proceedings, liabilities, obligations, legal fees, costs and disbursements of any nature whatsoever, and for any special, indirect or consequential, incidental or exemplary damages (collectively, a “Claim”), whether in contract or tort, whether known or unknown, which now or hereafter arise from, to the maximum extent allowed by law, that relates to, or is connected with:

  1. any indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use data, or other intangible losses;
  1. Your provision of any personal information provided to us subject to our legal requirements relating to the protection of personal information;
  1. communications received to You through your access to the Product;
  1. the posting of information on the Product, Website, blog, account, or any affiliated social media, including but not limited to, User data, Cards, written reviews, pictures, or personal information;
  1. the use of the Product and any related applications including third party services;
  1. the use of any software related to the Product;
  1. viruses, spyware, service provider failures, or internet access interruptions;
  1. loss of use, loss of data, inaccuracy of data, payment failure, payment defect, inaccurate calculations, downtime, identity theft, fraud, or unauthorized access; or
  1. any content relating to the use of the Product,

even if You have been advised of the possibility of such Claim, or such Claim was reasonably foreseeable and notwithstanding the sufficiency or insufficiency of any remedy provided for herein or in any license.

If we become liable for any damages whatsoever, You agree that such damages shall be limited in the aggregate to the number of fees or charges which You have paid for the Product in the previous invoice.

Fitness Basix will have no liability for any personal injury which is caused to You as a result of Your use of the Training Program.

Fitness Basix, its employees, agents, or representatives is not engaged in rendering medical advice. Fitness Basix, its employees, agents, or representatives do not hold itself as qualified to do so.

We strongly recommend that You seek professional medical advice before embarking on any diet or exercise program.

Any exercise program, even in healthy individuals, carries risk. You have a responsibility to exercise your own personal judgment, as well as any other considerations, before acting on any of the content provided by us.

The information that is provided by Fitness Basix for the nutrition program/fitness program may not be accurate in terms of nutritional values which include calories, macronutrients, and micronutrients and the User will not hold Fitness Basix responsible for any personal injury caused as a result of such information.

Where we provide you with a Training Program, the information contained therein should not be regarded as or relied upon as being a comprehensive health or exercise program. Accordingly, any actions that You take about a personal plan should not be pursued regardless or to the exclusion of other information, opinions, or judgments that are available to You.

Any Training Program will have been prepared based on information provided by You. You are responsible for the accuracy of any information that you provide to us. You are responsible for informing us of any health issues or medical conditions when asking us to prepare a Training Program.

Before taking any action to a Training Program, You must take into account any other factors apart from the Training Program of which you are or ought to be aware.

For example, we always recommend that You seek professional medical advice before embarking on any exercise program. Your decisions to engage in any exercise program should take into account any medical or other professional advice that is available to You as well as using your own personal judgment as to what activity is safe for you to engage in.

The information set out in any Training Program may relate to certain contexts and may not be suitable in other contexts. It is Your responsibility to ensure that You do not use the information we provide in the wrong context.

For example, where a program was tailored for a woman who was not pregnant, this would not be appropriate for her to use after becoming pregnant.

You are responsible for informing us of any health issues and pre-existing medical conditions when You ask us to prepare a Training Program.

Any information that we provide that does not form part of the Personal Training Program, whether obtained through our website, e-book, video course, social media (such as Facebook, Instagram, or Twitter) or otherwise, is provided for general information only.

  1. DATA PROTECTION POLICY

We request that all personal information that You provide is accurate, current, and complete.

All notices sent to You will be sent to the email address provided with Your registration details (as updated by You). By accepting these terms You give Your consent to receive communications from us by email and You agree that all agreements, notices, disclosures, and other communications that we provide to you by email satisfy any legal requirement that such communications be in writing.

Any personal information that You provide to us will be handled in accordance with our Privacy and Data Protection Policy which can be provided to You upon request.

  1. INTELLECTUAL PROPERTY

By providing any content for distribution (such as before and after photographs) You expressly grant us a worldwide, royalty-free, perpetual, irrevocable license to use, copy, store, perform, display and distribute such content.

You agree and grant Fitness Basix a worldwide, royalty-free, perpetual, irrevocable license to use, copy, store, perform, display and distribute any pictures that you share with Fitness Basix, including but not limited to pictures of Your body showing the day to day progress that you have made. These pictures include but are not limited to “before” and “after” pictures. “Before” here refers to pictures of Your body before using the services of Fitness Basix. “After” here refers to pictures of Your body during the course of using the services of Fitness Basix and upon completion of using the services of Fitness Basix. You have no-objection to Fitness Basix using your pictures or any other content that You have shared for the marketing and business-development of Fitness Basix.

The format and content of our Training Programs and Products are protected by The Indian Copyright Act and we reserve all rights in relation to our copyright whether owned or licensed to us and all rights are reserved to any of our registered and unregistered trademarks (whether owned or licensed to us) which appear on any of our Training Programs or Products.

These contents of any of our Training Programs or Products may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not systematically extract and/or re-utilise parts of the contents of the Training Programs or Products without our express written consent. In particular, You may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of the Training Programs or Products without our express written consent.

  1. PRIVACY

Your privacy is very important to us. Please review our Privacy Policy. Our Privacy Policy applies to the collection, use, disclosure, retention, protection, and accuracy of your personal information and business financial information collected for the purposes of the features offered through the Product.

  1. THIRD-PARTY LINKS

The Product may link to third-party websites or resources. Such links are provided as a convenience to You only and do not imply an endorsement, warranty, or guarantee by us of any such linked Website or the company it purports to represent. We do not assume any responsibility or liability for their availability, accuracy, the related content, products, or services. You are solely responsible for use of any such websites or resources and compliance with their policies. Should You elect to enter into a binding contract with any such website, You agree to hold us harmless and hereby release us from any liability whatsoever, whether arising out of contract, tort or otherwise, for any liability, claim, injury, loss or damage suffered as a result of your actions or the actions of any user associated with your account, offering to accept or having accepted any products or services that are available from those sites.

  1. INTERNATIONAL USE

You shall comply with all foreign and local laws and regulations which apply to Your use of our Training Programs or Products in whatever country You are physically located, including without limitation, consumer law, export control laws, and regulations.

  1. UPDATES AND FOLLOW UPS

It is Your duty to send in a daily meal and weight updates and weekly physique updates to Fitness Basix. Fitness Basix will follow up with You regarding the same, but will not be held liable for any failure on Your part to provide the daily meal and weight updates and weekly physique updates.

  1. REFUND POLICY

Once You sign up and pay the requisite fees for the products, cancellation of the subscription is not allowed. However, the subscription may be transferred to any other individual of Your choice with a minimal fine applicable within the first 30 calendar days from the date of the start of the subscription. This transfer will not be permitted after the expiry of the first 30 calendar days from the date of the start of the subscription.

There will be no refund on any of the subscription plans or any other Product under any circumstances.

  1. INDEMNIFICATION

To the extent permitted by applicable laws, You agree that You will defend, indemnify and hold harmless Us and our officers, employees, agents, and representatives, from and against any and all damages, judgments, liability, costs, and expenses (including without limitation any reasonable legal fees), in whole or in part arising out of or attributable to (a) generally, your breach of these Terms; your access to and/or use of the Product; and any loss of, or damage to, any property, or injury to, or death of, any person (including you) caused by your access to and/or use of the Product; and (b) specifically, your breach of the intellectual property rights of any third party to these Terms.

You agree that You will be solely responsible for all activities that occur under your account, whether You are aware of them or not. You agree to hold us harmless and release us from any loss or liability whatsoever that You may incur as a result of someone other than You using your password or account, either with or without your knowledge. You agree to indemnify us for any damages, third party claims, or liabilities whatsoever that we may incur as a result of activities that occur on or through your account, whether or not You were directly or personally responsible.

  1. FORCE MAJEURE

You agree that we are not liable for a delay or failure in performance of the Product or the provisions of these Terms caused because of any occurrence of unforeseen events beyond our reasonable control, including but not limited to, acts of God, natural disasters, power failures, server failures, third party service provider failures or service interruptions, embargo, labour disputes, lockouts and strikes, riots, war, floods, insurrections, legislative changes, and governmental actions.

  1. SEVERABILITY

If any portion of these Terms is deemed unlawful, void, or unenforceable by any arbitrator or court of competent jurisdiction, these Terms as a whole shall not be deemed unlawful, void, or unenforceable, but only that portion of these Terms that is unlawful, void or unenforceable shall be stricken from these Terms.

  1. HEADINGS

The insertions of headings are for convenient reference only and are not to affect the interpretation of these Terms.

  1. ASSIGNMENT OF AGREEMENT

You may not, without our prior written consent, assign the Agreement, in whole or in part, either voluntarily or by operation of law, and any attempt to do so will be a material default of the Agreement and will be void. We may assign this Agreement to a third party at any time in our sole discretion. The Agreement will be binding upon and will inure to the benefit of the respective parties hereto, their respective successors in interest, legal representatives, heirs, and assigns.

  1. WAIVER

You agree that if we do not exercise or enforce any legal right or remedy which is contained in these Terms or which we have the benefit of under any applicable law, this will not be taken to be a formal waiver of our rights and that those rights or remedies will still be available to us. Waivers must be in written form and signed by an authorized representative of the Company.

  1. SURVIVAL OF AGREEMENT

All covenants, agreements, representations, and warranties made in these Terms shall survive Your acceptance of these Terms and the termination of our relationship.

  1. ENTIRE AGREEMENT

The Agreement will constitute the entire agreement between Us and You concerning the subject matter hereof and all prior oral or written agreements, representations, or statements concerning such subject matter are superseded hereby. In the event of a conflict between these Terms and the Privacy Policy, the terms and conditions found herein shall prevail.

  1. CONTACT

By providing us with your e-mail address, You agree to receive all required notices electronically, to that e-mail address, or by mobile notifications via the Product. It is your responsibility to update or change that address, as appropriate.

If You have any questions or comments regarding these Terms please contact our head office by email at transform@fitnessbasix.com.

  1. GENERAL

These conditions are governed by and construed in accordance with the laws of the Union of India and the State of Maharashtra. You agree, as we do, to submit to the jurisdiction of the courts in Mumbai, India.

If You breach these Terms and Conditions and we decide to take no action or neglect to do so, then we will still be entitled to take action and enforce our rights and remedies for any other breach.

We will not be responsible for any breach of these Terms and Conditions caused by circumstances beyond our reasonable control.

We may make changes to the format of the Training Program or Products at any time without notice.

The pictures of your physique updates sent by You to Fitness Basix with respect to the progress that You have made after signing up for the program should be taken in the same outfit/clothing. If the picture sent is a picture that is taken of Your reflection in the mirror, then every picture taken should be of the same distance from the mirror.

Prohibited Uses: You may use our Website, services, and products only for lawful purposes. You may not use our Website, services, or products in any manner that:

  1. breaches any applicable local, national, or international law or regulation;
  1. may in any way be considered harassment to another person or entity;
  1. may in any way, is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
  1. may in any way damage, disable, overburden, and/or impair the Product server, or any network connected to the Product server, and/or interfere with any other party’s use or enjoyment of the Product;
  1. is in any way abusive, defamatory, misleading, fraudulent, pornographic or otherwise explicit in nature or written in bad faith;
  1. harms or attempts to harm minors in any way;
  1. will reproduce, duplicate, copy, sell, resell or exploit any portion of the Product; or
  1. will abuse either verbally, physically, written or other abuse (including threats of abuse or retribution) of any Product customers, employees, members, or officers;

and any of the foregoing will result in immediate account termination.

You represent and warrant that You will not use the Product to upload, post, link to, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or any telecommunications equipment. Nor will You post or distribute any computer program that damages, detrimentally interferes with, surreptitiously intercepts, or expropriates any system, data, or personal information. You further represent and warrant that You will not disrupt the functioning of the Website, in any manner.

Moderation: You understand and agree that although Fitness Basix is not required to moderate Your use of the Product, it may in its sole judgment review and delete any content in whole or in part, for any reason whatsoever, which without limitation, violate these Terms or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of others.

User Responsibility: You agree that You are solely responsible for any breach of Your obligations under the Terms and for the consequences of any such breach. We have no responsibility to you or to any third party for such breaches or the consequences of such breaches (including losses or damage that we may incur).

You understand that when using the Product, You may come across material that You find objectionable, offensive, or indecent and agree that You are using the Product at your own risk.

Linking:

If you would like to link to the Product, we request that you:

Inform us that you are creating a link by sending a message to transform@fitnessbasix.com. Please indicate the URL of the page where the link will be placed.

Link to the Product home page instead of specific pages within the Product.

While Fitness Basix encourages links to the Product, it does not wish to be linked to or from any third-party website which contains, posts, or transmits any unlawful information of any kind, including, without limitation, any content

1) that constitutes or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local, state, provincial, national, or international law or regulation;

2) that may be damaging or detrimental to the activities, operations, credibility, or integrity of Fitness Basix; or

3) that contains, posts, or transmits any information, software, or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by copyright, trademark, or other proprietary rights.

Fitness Basix reserves the right to prohibit or refuse to accept any link to the Product, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time. You agree to remove any link you may have to the Product upon the request of Fitness Basix.

The framing, mirroring of the Product, or any of its content in any form and by any method is strictly prohibited and deep linking is discouraged. You may not cause any advertisement including any pop-up or banner advertisement to appear at, or on, or after exiting, the Product.