WELCOME TO KIRAN FITNESS STUDIO 

 

1.1 This document is an electronic record as per the
(i) Information Technology Act, 2000;
(ii) the rules framed there under as applicable; and
(iii) the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000.

This electronic record is generated by a computer system and does not require any physical or digital signatures.

 

1.2 This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms for access or usage of https://www.themoodspace.com/ (the “Platform” / “Website”).

 

1.3 This website is owned and operated by  Kiran Fitness Studio, operating under the brand name  Kiran Fitness Studio(“Company”)

 

1.4 The following are the Terms and Conditions (the “Agreement”) which govern your access and use of our online platform through which counselling may be provided (“Services”). By accessing or using the Platform, you are entering into this Agreement. You should read this Agreement carefully before starting to use the Platform. If you do not agree to be bound to any term of this Agreement, you must not access the Platform.

 

1.5 Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

 

1.6 For the purpose of these Terms, wherever the context so requires “You”, “Your” or “User” shall mean any natural person who uses the Website for availing the Services. The term “We”, “Us”, “Our”, “the Company” shall mean  Kiran Fitness Studio, its employees, and authorized agents that perform any services on the Company’s behalf.

 

1.7 If you are not an individual and are an incorporated/registered entity/institute/organization seeking to avail the services of  Kiran Fitness Studio for your members/employees/students or any individuals registered with you for any services, you shall enter into an agreement/memorandum of understanding with the Company for this purpose. Each individual availing our services under such agreement/memorandum of understanding shall be bound by these Terms and Privacy Policy available here.

 

1.8 We reserve the right to make changes to these Terms at any time. Any such modifications will become effective immediately upon posting to the Website and your continued use of the Website, and/or the Services constitutes your agreement to such modifications. You agree to periodically review the current version of these Terms of Use as posted on the Website; the date of the latest revision of these Terms will appear at the beginning of this page.

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Use of the Website is available only to persons over the age of eighteen (18). By accessing or using our Service, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions. If you are a minor, i.e., under the age of eighteen (18) years, you shall not register as a member of the Website, unless you are accessing this Website with parental guidance or guidance of a legal guardian. We reserve the right to terminate your membership and refuse to provide you with access to the Website if it is brought to our notice or if it is discovered that you are under the age of eighteen (18) years and are accessing this Website without parental consent and guidance or consent and guidance of a legal guardian. We will not be liable for any harm caused to you on account of any use of the Website without appropriate parental consent.

 

2. Counselors and Counselling Services

 

2.1 The Platform may be used to connect you with a Counselor who will provide services to you through the Platform (“Counselling Services”).

 

2.2 We require every Counselor providing Counselling Services on the Platform to be an accredited, trained, licensed psychologist, licensed professional Counselor, or similar applicable recognized professional certification. Counselors must have a relevant academic degree in their field, preferably have hands-on experience, and have to be qualified and certified by their respective professional board after successfully completing the necessary education, exams, training and practice requirements as applicable.

 

2.3 The Platform’s role is limited to enabling the Counselling Services, while the Counselling Services themselves are the responsibility of the Counselor who provides them. If you feel the Counselling Services provided by the Counselor do not fit your needs or expectations, you may change to a different Counselor who provides services through the Platform. If a Counselor you have been connected with stops using the Platform at any time after you have been connected, we will send an email to notify you that your Counselor is no longer on the Platform and that you have the opportunity to match with a new Counselor.

 

2.4 While we hope the Counselor Services are beneficial to you, you understand, agree and acknowledge that they may not be the appropriate solution for everyone’s needs and that they may not be appropriate for every particular situation and/or may not be a complete substitute for a face-to-face examination and/or care in every particular situation.

 

2.5 IF YOU ARE THINKING ABOUT SUICIDE OR ARE CONSIDERING HARMING YOURSELF OR OTHERS, OR IF YOU FEEL THAT ANY OTHER PERSON MAY BE IN ANY DANGER, OR IF YOU HAVE ANY MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL THE FOLLOWING EMERGENCY SERVICE NUMBERS(Ramakant Vishwakarma - +91-73839 89888, AND NOTIFY THE RELEVANT AUTHORITIES. SEEK IMMEDIATE IN-PERSON ASSISTANCE. THE PLATFORM IS NOT DESIGNED FOR USE IN ANY OF THE AFOREMENTIONED CASES AND THE COUNSELORS CANNOT PROVIDE THE ASSISTANCE REQUIRED IN ANY OF THE AFOREMENTIONED CASES.

 

2.6 The platform is not intended for the provision of clinical diagnosis requiring an in-person evaluation and you should not use it if you need any official documentation or approvals for purposes such as, but not limited to, court-ordered. It is also not intended for any information regarding which drugs or medical treatment may be appropriate for you, and you should disregard any such advice if delivered through the platform.

 

2.7 Do not disregard, avoid, or delay in obtaining in-person care from your doctor or other qualified professional because of information or advice you received through the platform.

 

3. Privacy and Security

 

3.1 Protecting and safeguarding any information you provide through the Platform is extremely important to us. Information about our security and privacy practices can be found on our Privacy Policy available at the page “Privacy Policy”.

 

3.2 By agreeing to this agreement and/or by using the platform, you are also agreeing to the terms of the privacy policy. The privacy policy is incorporated into and deemed a part of this agreement. The same rules that apply regarding changes and revisions of this agreement also apply to changes and revisions of the privacy policy.

 

3.3 By using Our Service, You agree to subscribe to newsletters, marketing or promotional materials, and other information we may send via email. However, you may opt-out of receiving any, or all, of these communications from us by unsubscribing or by emailing us at legal@kiranfitness.in

 

4. Third-Party Content

 

4.1 The Platform may contain other content, products or services which are offered or provided by third parties (“Third Party Content”), links to Third-Party Content (including but not limited to links to other websites) or advertisements which are related to Third-Party Content. We have no responsibility for the creation of any such Third-Party Content, including (but not limited to) any related products, practices, terms or policies, and we will not be liable for any damage or loss caused by any Third-Party Content.

 

5. Third-Party Content

 

5.1 You hereby release us and agree to hold us harmless from any and all causes of action and claims of any nature resulting from the counselling services or the platform, including (without limitation) any act, omission, opinion, response, advice, suggestion, information and/or service of any Counselor and/or any other content or information accessible through the platform.

 

5.2 You understand, agree and acknowledge that the platform is provided “as is” without any express or implied warranties of any kind, including but not limited to merchantability, non-infringement, security, fitness for a particular purpose or accuracy. The use of the platform is at your own risk. To the fullest extent of the law, we expressly disclaim all warranties of any kind, whether expressed or implied.

 

5.3 You understand, agree and acknowledge that we shall not be liable to you or to any third party for any indirect, incidental, consequential, special, punitive or exemplary damages.

 

5.4 You understand, agree and acknowledge that our aggregate liability for damages arising with respect to this agreement and any and all use of the platform will not exceed the total amount of money paid by you or on your behalf through the platform in the 12 months period prior to the date of the claim.

 

5.5 If the applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law. This section shall survive the termination or expiration of this Agreement.

 

5.6 You acknowledge that the platform and the Company are not a suicide helpline or a portal to manage cases of suicide and we shall not be liable to you or any third party in relation to any damages with respect to the same.

 

6. Third-Party Content

 

6.1 You hereby confirm that you are legally able to consent to receive Services, or have the consent of a parent or guardian, and that you are legally able to enter into a contract.

 

6.2 You hereby confirm and agree that all the information that you provided in or through the Platform, and the information that you will provide in or through the Platform in the future, is accurate, true, current and complete. Furthermore, you agree that during the term of this Agreement you will make sure to maintain and update this information so it will continue to be accurate, current and complete.

 

6.3 You agree and confirm that your use of the Platform, including the Counselling Services, are for your own personal use only and that you are not using the Platform or the Counselling Services for or behalf of any other person or organization.

 

6.4 You agree and commit not to interfere with or disrupt, or attempt to interfere with or disrupt, any of our systems, services, servers, networks or infrastructure, or any of the Platform’s systems, services, servers, networks or infrastructure, including without limitation obtaining unauthorized access to the aforementioned.

 

6.5 You agree and commit not to make any use of the Platform for the posting, sending or delivering of either of the following: (a) unsolicited email and/or advertisement or promotion of goods and services; (b) malicious software or code; (c) unlawful, harassing, privacy invading, abusive, threatening, vulgar, obscene, racist or potentially harmful content; (d) any content that infringes a third party right including intellectual property rights; (e) any content that may cause damage to a third party; (f) any content which may constitute, cause or encourage a criminal action or violate any applicable law.

 

6.6 You agree and commit not to violate any applicable state, central or international law, statute, ordinance, rule, regulation or ethical code in relation to your use of the Platform and your relationship with the Counselors and us.

 

6.7 If you receive any file from us or from a Counselor, whether through the Platform or not, you agree to check and scan this file for any virus or malicious software prior to opening or using this file.

 

6.8 You will indemnify us, defend us, and hold us harmless from and against any and all claims, losses, causes of action, demands, liabilities, costs or expenses (including, but not limited to, litigation and reasonable attorneys’ fees and expenses) arising out of or relating to any of the following: (a) your access to or use of the Platform; (b) your violation of any of the provisions of this Agreement; (c) non-payment for any of the services (including Counselling Services) which were provided through the Platform; (d) your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right. This clause shall survive expiration or termination of this Agreement.

 

6.9 You confirm and agree to use only credit cards or other payment means (collectively “Payment Means”) which you are duly and fully authorized to use, and that all payment related information that you provided and will provide in the future, to or through the Platform, is accurate, current and correct and will continue to be accurate, current and correct.

 

6.10 You agree to pay all fees and charges associated with your Account on a timely basis and according to the fees schedule, the terms and the rates as published in the Platform. By providing us with your Payment Means you authorize us to bill and charge you through that Payment Means and you agree to maintain valid Payment Means information in your Account information.

 

6.11 If you have any concerns about a bill or a payment, please contact us immediately by sending an email to.contact@moodspace.com We will evaluate your issue on a case-by-case basis and, at our discretion, take steps to resolve any issue, including but not limited to helping you find a new Counselor, extending your subscription at no cost to you, and issuing partial or full refunds when applicable.

 

7. Modifications, Termination, Interruption and Disruptions to the Platform

 

7.1 You understand, agree and acknowledge that we may modify, suspend, disrupt or discontinue the Platform, any part of the Platform or the use of the Platform, whether to all clients or to you specifically, at any time with or without notice to you. You agree and acknowledge that we will not be liable for any of the aforementioned actions or for any losses or damages that are caused by any of the aforementioned actions.

 

7.2 The Platform depends on various factors such as software, hardware and tools, either our own or those owned and/or operated by our contractors and suppliers. While we make commercially reasonable efforts to ensure the Platform’s reliability and accessibility, you understand and agree that no platform can be 100% reliable and accessible and so we cannot guarantee that access to the Platform will be uninterrupted or that it will be accessible, consistent, timely or error-free at all times.You acknowledge that there will be occasions when the Website may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.

 

8. Notices

 

8.1 We may provide notices or other communications to you regarding this agreement or any aspect of the Platform, by email to the email address that we have on record, by regular mail or by posting it online. The date of receipt shall be deemed the date on which such notice is given. Notices sent to us must be in writing and sent or transmitted by
(i) registered or certified mail;
(ii) hand-delivery;
(iii) email; or
(iv) internationally recognized courier service, provided its receipt is acknowledged and, dispatched or sent or transmitted to the address specified below. All notice required to be given under these Terms shall be addressed to:

Name: Kiran Fitness Studio

Address: /B/211,Shantiniketan Business Centre, near Gangotri Circle, Nikol, Ahmedabad, Gujarat 382350

E-mail Address: connect@kiranfitness.in

 

9. Governing Law and Jurisdiction

 

9.1 This Agreement shall be governed by the laws of India, and the courts of Gujarat shall have exclusive jurisdiction with respect to any dispute arising hereunder.

 

10. Grievance Officer

 

10.1 In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the ‘Grievance Officer’ are provided below:

Name: Ramakant Vishwakarma
Phone No: +91 73839 89888
E-mail Address: connect@kiranfitness.in
Postal Address: B/211,Shantiniketan Business Centre, near Gangotri Circle, Nikol, Ahmedabad, Gujarat 382350

 

11. Miscellaneous

 

11.1 This agreement constitutes the entire agreement between you and us. You confirm that you have not relied upon any promises or representations by us except as set forth in this agreement.

 

11.2 We may change this Agreement by posting modifications on the Platform. Unless otherwise specified by us, all modifications shall be effective upon posting. Therefore, you are encouraged to check the terms of this Agreement frequently. The last update date of this Agreement is posted at the beginning of the Agreement. By using the Platform after the changes become effective, you agree to be bound by such changes to the Agreement. If you do not agree to the changes, you must terminate access to the Platform and participation in its services.

 

11.3 We may freely transfer or assign this Agreement or any of its obligations hereunder.

 

11.4 If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.

 

11.5 To clear any doubt, all clauses regarding limitations of liabilities and indemnification shall survive the termination or expiration of this Agreement.

 

 

Legal Agreement between Users and Kiran Fitness Studio

 

Legal Agreement

 

This user agreement (“Agreement”) is an agreement between you and  Kiran Fitness Studio Wellness Products And Services Private Limited (" Kiran Fitness Studio" or "we" or "us" as the context requires) governing your use of  Kiran Fitness Studio's products, software and/or services with the characteristics and features as described on www.kiranfitness.com  (“Website”) and the  Kiran Fitness Studio mobile App (“App”) and your use of the Eat Better marketplace made available on the Website and App (“Marketplace”) (referred to collectively as the "Services").  Kiran Fitness Studio may have subsidiaries and affiliated legal entities around the world ("Subsidiaries and Affiliates"), providing the Services to you on behalf of  Kiran Fitness Studio. You acknowledge and agree that the Subsidiaries and Affiliates will be entitled to provide the Services to you under the terms of this Agreement.

By accessing the Website, the App or the Marketplace, at your option, registering thereon and thereafter using the Services as a member or guest, you agree to be bound by this Agreement and the terms contained in it. This Agreement governs your access and use of this Website/ App/Marketplace and applies to all visitors, users and others who access the Service ("Users"). If you do not agree with the terms contained in this Agreement, you are not permitted to use this Website/ App/Marketplace.  Kiran Fitness Studio will not be liable for any consequences arising from your unauthorized use. We may revise these terms of use at any time by amending this page and the terms hereof. The revised terms of use shall be posted on the Website/ App and you are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. Some of these provisions may be superseded by provisions or notices published elsewhere on our Website/ App/Marketplace. All changes are effective as soon as we post them and by continuing to use the Website/App/Marketplace and avail of the Services, you agree to be bound by the revised terms and conditions of use. Your use of Website/App/Marketplace is subject to the most current version of the terms of use posted on the Website/App/Marketplace at the time of such use.

Kiran Fitness Studio has created this Website/App/Marketplace to provide Users, the Services which includes, guidance on how to improve their fitness and how to integrate fitness into their individual lifestyles and to provide the Users access to healthy and nutritious food products. While our workout and nutrition recommendations consider several factors specific to each individual, including anthropometric data, fitness goals and lifestyle factors, we are not a medical organization, and our recommended workout plans and specific exercises should not be misconstrued as medical advice, prescriptions, or diagnoses.

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The Marketplace is an e-commerce marketplace made available on the Website and App, wherein Users are provided access to a variety of health and nutrition based products (“Products”). These Products are listed for sale by multiple vendors on the Marketplace. The Users may place orders and purchase the Products on the Marketplace using the payment gateway provided therein. The use of the Marketplace and the purchase of the Products shall be governed by the terms hereof.

1. ACCESS

   1. Access to the Services is permitted on a temporary basis, and we reserve the right to withdraw or amend the Service (or any features within the Services) that we provide on our Website/ App/Marketplace by notifying the same on our Website/App/Marketplace from time to time without prior notice to you. We will not be liable, if for any reason our Website/App/Marketplace or the Services (or any features within the Services) are unavailable at any time or for any period. From time to time, we may, at our sole discretion, restrict access to some parts of our Website/App/Marketplace, or our entire Website/App/Marketplace, to Users who have registered with us.

   2. Kiran Fitness Studio grants you permission to use the Services as set forth in this Agreement, provided that: (i) you will not copy or distribute, any part of the Services in any medium or in any manner whatsoever without  Kiran Fitness Studio’s explicit authorisation in this regard; (ii) you will not alter or modify any part of the Services other than as may be reasonably necessary to use the Services for its intended purpose; and (iii) you will otherwise comply with the terms and conditions of this Agreement.

   3. In order to access the Services, you will need to register on the Website/ App and create a “Member” account. Your account gives you access to the Services and functionality that we may establish and maintain from time to time and in our sole discretion on the Website.

   4. By using the Services and completing the registration process, you warrant that: (a) all the data provided by you is accurate and complete; (b) you shall maintain the accuracy of such information, and any changes thereto by regular updation of any such information; (c) you affirm that you are over 18 (eighteen) years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement; (d) you are eligible in accordance with applicable laws to enter into a binding contract and are not a person barred from receiving the Services under applicable laws ; and (e) you may use the Website/ App or such other Services provided through the Website/ App only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. We shall not be liable for any injury, damage or other consequence, health related or otherwise arising out of any inaccuracy in the information provided by you on the Website/App. Your profile may be deleted by us by informing you 24 (twenty four) hours in advance without warning, or without any notice whatsoever, if we believe that you have violated any of the conditions as mentioned under this Agreement or the Privacy Policy.

   5. You must provide your full legal name, valid email address and any other information requested from you, from time to time, in order to complete the registration process and be entitled to use the Services. The information provided by you may be shared by us with any third party for providing the Services, record keeping purposes, internal procedures or for any other purposes and by using this Website/ App you expressly consent to such sharing of the information provided by you.

   6. Upon completing the registration process, you will be provided with a user identification code, password or any other piece of information, as part of our security procedures. You must treat such information as confidential, and you must not disclose it to any third party. You also agree to ensure that you exit/log out from your account at the end of each session. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of this Agreement. You will immediately notify  Kiran Fitness Studio of any unauthorized use of your password or user identification code, by sending details of such unauthorized use to: connect@kiranfitness.com.

   7. You are responsible for making all arrangements necessary for you to have access to our Website/App/Mar and thereby the Services. You are also responsible for ensuring that any persons who access our Website/App/Marketplace and thereby the Services through your account are aware of these terms, and that they comply with them. You are also solely responsible and liable to  Kiran Fitness Studio for all activities that take place or occur under your account. You agree that your ability to log into your account is dependent upon external factors such as internet service providers and internet network connectivity and we shall not be liable to you for any damages arising from your inability to log into your account.

   8. Kiran Fitness Studio reserves the right to refuse access to use the Services offered at the Website/ App/Marketplace to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so. Use of the account is not available to any User who is suspended or prohibited by  Kiran Fitness Studio from using the Website/App/Marketplace or Services for any reason whatsoever.

2. MEMBERSHIP/REGISTRATION FOR THE SERVICES

Once you complete registration on the Website/App, you will be a member which:

1. allows you to access and post content on the Website/ App/Marketplace;

2. allows us to contact you, if necessary, in order to inform you of changes to the terms of use of the Website/App or describing new services that we enable on the Website/App;

3. allows you to access and purchase Products on the Marketplace, subject to the terms and conditions set out herein;

4. allows you to make use of the Services on the Website/ App subject to these terms and conditions;

5. does not allow you to use email addresses displayed on the Website/ App for any purpose other than that specifically authorized by us.

   1. By providing  Kiran Fitness Studio your email address/ phone number you consent to:

      1. our using your email address or mobile number to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. You may use your settings to opt out of Service-related communications vide email/mobile number or entirely.

      2. Our using the phone numbers provided by you, to contact you from time to time, in order to provide you updates and advice relating of your progress on the App and the usage of our Services, and relating to any new promotions and sales opportunities on the App.

      3. Our using on your email address, home address, phone number and other ancillary information to fulfil the orders placed by you on the Marketplace; and

      4. Our using your email address or phone number to send you other messages, including changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out by sending us an email at: info@ Kiran Fitness Studio.com. Opting out may prevent you from receiving email messages or phone messages regarding updates, improvements, or offers.

      5. Grant such permission to contact you through telephone, SMS, e-mail and holds the Company (including but not limited to its subsidiaries/affiliates) indemnified against any liabilities including financial penalties, damages, expenses in case your mobile number is registered with Do not Call (DNC) database.

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1. GRANT OF LICENSE

Subject to these terms and conditions of use,  Kiran Fitness Studio grants you a non-transferable, non-exclusive, non-sublicensable limited right and license for you to access and use the Services solely for the purpose permitted, including but not limited to storing or otherwise using or sharing your documents, files, schedules, minutes or other data.

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1. PRIVACY AND YOUR PERSONAL INFORMATION

   1. ​For information about  Kiran Fitness Studio's data protection practices, please read  Kiran Fitness Studio's privacy policy set out below. This policy explains how  Kiran Fitness Studio treats your personal information, and protects your privacy, when you use the Services.

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1. TERMS OF USE OF THE MARKETPLACE

2. 1. You may access and use the Marketplace to purchase Products listed thereon by third party vendors from time to time.

   2. Kiran Fitness Studio’s responsibility in terms of the Marketplace shall extend solely and exclusively to:

      1. The provision of the platform for the Marketplace on the Website/App;

      2. Collection of payments from Users using the third party payment gateway on the Marketplace. In the event of any disputed payments made,  Kiran Fitness Studio shall pass on the dispute to the payment gateway provider for resolution. This shall be the extent of  Kiran Fitness Studio’s obligations in this regard;

      3. Delivery of the Products to the Users who have placed orders therefor on the Marketplace.

   3. It is hereby clarified that the Products listed on the Marketplace are listed by third party vendors. The Products do not belong to  Kiran Fitness Studio in any manner whatsoever. Thus  Kiran Fitness Studio makes no warranty for, and shall not be responsible in any manner whatsoever for the quality, quantity or authenticity of the Products.

   4. There shall be no refunds or cancellations initiated or entertained, once an order is placed and processed on the Marketplace, save as set out herein.

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1. UPLOADING MATERIAL TO THE SERVICE

1. 1. Whenever you make use of the Services (or any feature or part of the Services) that allows you to upload material on the Website/ App/Marketplace, or to make contact with other users of our Website/ App or vendors on the Marketplace, you must comply with applicable data protection rules/laws and the content standards set out below. The content standards apply to each part of a contribution as well as to its whole. Your contribution must be accurate where it states facts, be genuinely held (where it states opinions), comply with the law applicable in any country from which it is posted; and be relevant to your posting or use of the Services.

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1. Restrictions on Content

1. 1. Your contribution must not:

      1. belong to another person and contain any information that you do not have any right to;

      2. Be defamatory of any person;

      3. Be obscene, offensive, pornographic, hateful, harmful, harassing, defamatory, vulgar, libelous, lewd, blasphemous, lascivious, invasive of another’s privacy, racially, ethnically or otherwise objectionable or inflammatory, disparaging, relating or encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever;

      4. Violate the provisions of the Indian Penal Code, 1861, the Information Technology Act, 2000, Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, notified vide Notification G.S.R 313(E) issued by the Ministry of Communications and Information Technology or other applicable laws containing offences relating to content that is publicly accessible;

      5. Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

      6. Disclose the name, address, telephone, mobile or fax number, e-mail address or any other personal data in respect of any individual;

      7. Be harmful to minors;

      8. Infringe any intellectual property including copyright, database right or trade mark of any other person;

      9. Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

      10. Be likely to harass, upset, embarrass, alarm or annoy any other person;

      11. Impersonate any person, or misrepresent your identity or affiliation with any person;

      12. Advocate, promote, incite any third party to commit, or assist any unlawful or criminal act;

      13. Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism;

      14. Be such that it is known by you to be false, inaccurate or misleading;

      15. Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

      16. Be content for which you were compensated or granted any consideration by any third party;

      17. Contain any computer viruses, any code, worms or other potentially damaging or limiting the functionality of any computer programs or files.

      18. Threatens the unity, integrity, sovereignty of India, friendly relations with foreign states or public order or causes incitement to the commission of any cognizable offence or is insulting to another nation.

   2. We hereby reserve the right to take down any content posted by you, which, in our sole discretion falls under the above restrictions.

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1. RESTRICTION ON USE OF SERVICES

1. 1. You are not permitted to and shall not do any of the following acts, the breach of which shall entitle  Kiran Fitness Studio to terminate your use of the Services, without prejudice to any other rights or remedies we may have against you:

      1. Distribute, sell, supply, modify, adapt, amend, incorporate, merge or otherwise alter the Services and all content provided to you as part of the Services;

      2. Attempt to decompile, reverse engineer or otherwise disassemble any Service or content provided to you as part of the Services or the Website or the App or the Marketplace;

      3. Attempt to copy any software provided to you as part of the Services or the Website or the App or the Marketplace and in particular its source code, or attempt to decrypt any part of such software that is provided to you;

      4. Create any derivative work or version of any software provided by us in relation to or to facilitate your use of the Services or any content provided as part of the Services;

      5. Remove, from the Services or any content provided as part of the Services, any logo, copyright or proprietary notices, legends, symbols, labels, watermarks, signatures or any other like marks affixed to or embedded in the Services;

      6. Use the Services or any part of it to create a false identity, to impersonate any person or organization, or attempt to disguise the origin of any content;

      7. Use any of  Kiran Fitness Studio’s domain name as a pseudonymous return email address;

      8. Access or use the Website/ App/Marketplace in any manner that could damage, disable, overburden, or impair any of the Website/ App/Marketplace’s servers or the networks connected to any of the servers on which the Website/ App/Marketplace is hosted;

      9. Access or attempt to access any content that you are not authorized to access by any means;

      10. Access the Website/ App/Marketplace through any other means other than through the interface that is provided by us;

      11. Alter or modify any part of the Services; and

      12. Disrupt or interfere with the security of, or otherwise cause harm to the Website/ App, materials, system resources, or gain unauthorized access to the user accounts, passwords, servers or networks connected to or accessible through the Website/App/Marketplace or any affiliated linked sites.

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1. RIGHTS RESERVED BY  Kiran Fitness Studio

1. 1. We have the right to disclose your identity to any third party who validly claims and provides evidence that any material posted or uploaded by you to our Website/App/Marketplace constitutes a violation of their intellectual property rights, or of their right to privacy.

   2. We are not responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other User of the Services.

   3. We have the right to immediately terminate your access or usage rights and remove non-compliant information or material, in case of non-compliance with these terms and condition, this Agreement or the Privacy Policy.

   4. We have the right to investigate and prosecute violations of these terms and conditions to the fullest extent of the law and may involve and cooperate with law enforcement authorities in prosecuting Users who violate these terms and conditions.

   5. While we have no obligation to monitor your access to or your use of the Services (or any feature or part of the Services), we have the right to do so for the purpose of operating the Website/ App/Marketplace and providing the Services, to ensure your compliance with these terms and conditions, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

   6. Subject to the receipt of a complaint from a User, we have the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all content from any Service. For some of the Services,  Kiran Fitness Studio may (but shall be under no obligation to) provide tools to filter out explicit sexual content or any content which it deems to be unsuitable at its sole discretion.

   7. We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to: (a) satisfy any applicable law, regulation, legal process or governmental request; (b) enforce these terms and conditions, including investigation of potential violations hereof; (c) detect, prevent, or otherwise address fraud, security or technical issues; (d) respond to user support requests; or (e) protect the rights, property or safety of  Kiran Fitness Studio, its Users and the public.  Kiran Fitness Studio shall not be responsible or liable for the exercise or non-exercise of its rights under these terms and conditions in this regard.

   8. We reserve the right to introduce or change the prices of all Services upon 30 (thirty) days’ notice from us. Such notice may be provided at any time by posting the changes to the terms and conditions of use or the Services on the Website/App itself.

   9. Kiran Fitness Studio shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services.

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1. BREACH OF CONTENT STANDARDS

   1. When we consider that a breach of the content standards (as stated above) has occurred, we may at our discretion take such action as we deem appropriate. Failure to comply constitutes a material breach of the terms of use on which you are permitted to use the Service, and we may take any action legally available including all or any of the following actions:

      1. Immediate, temporary or permanent withdrawal of your right to use the Services and simultaneous termination/suspension of your account on the Website/App;

      2. Immediate, temporary or permanent removal of any contribution already posted on the Website/App/Marketplace using the Services, upon your failure to cure the breach that is brought to your notice;

      3. Issue of a warning to you;

      4. Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;

      5. Further legal action against you; and

      6. Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

   2. We hereby disclaim and exclude our liability for all action we may take in response to breaches of these rules. The actions described above are not limited, and we may take any other action we reasonably deem appropriate.

   3. Upon such termination/suspension of your account, you will no longer be able to access your account or any content or data you have stored on the servers. All licenses granted to you by  Kiran Fitness Studio to the Website/App/Marketplace or the Services will automatically terminate.

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1. CONTENT

1. 1. You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. You agree that you are solely and exclusively responsible for any and all content that you create, transmit or display while using the Services and you are solely and exclusively liable for the consequence of your actions (including any loss or damage which  Kiran Fitness Studio may suffer).  Kiran Fitness Studio exercises no control over the content posted on the Website/ App using the Services. Your use of the content accessed or displayed using the Services is entirely at your own risk.

   2. A search using the Services may produce results and links to sites and content that you may find objectionable, inappropriate, or offensive and we accept no liability of responsibility for any such content. It is also possible that your use of the Services will return to you information regarding products, merchants and links to websites of third parties selling the product information requested by you.  Kiran Fitness Studio hereby disclaims any and all responsibility and liability associated with the same.

   3. You acknowledge and agree that  Kiran Fitness Studio is not liable for any loss or damage which may be incurred by you as a result of the availability of such external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

   4. You shall be responsible for monitoring your content, documents and other data and shall be liable to us for ensuring that the content transferred to or handled by or within Services does not infringe any third party rights. You warrant that you possess such necessary licenses as may be required in order to process your content or use the Services.

   5. You understand that the technical processing and transmission of the Services, including your Content, may be transferred unencrypted and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

   6. You hereby acknowledge and understand that as a part of selling products on the Marketplace, various vendors may post images, descriptions and other content. We as  Kiran Fitness Studio are independent aggregators of these vendors and will have no liability in relation to such content posted by the said vendors, including without limitation, in terms of the authenticity or reliability of such content, in any manner whatsoever.

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