Terms and Conditions for Pink 360
Last Updated: June 4, 2024
Welcome to Pink 360, a fitness app designed exclusively for women, based in Chennai. By downloading, accessing, or using the Pink 360 app (the “App”), you agree to comply with and be bound by the following terms and conditions (the “Terms”). If you do not agree to these Terms, please do not use the App.
Acceptance of Terms
By using Pink 360, you agree to be bound by these Terms, our Privacy Policy, and any additional terms and conditions that may apply to specific sections of the App or to products and services available through the App.
Eligibility
You must be at least 18 years old to use the App. By using the App, you represent and warrant that you have the right, authority, and capacity to enter into this agreement and to abide by all of the Terms.
User Account
To use certain features of the App, you may be required to create an account. You agree to:
– Provide accurate, current, and complete information during the registration process.
– Maintain the security of your password and accept all risks of unauthorised access to your account.
– Notify us immediately of any breach of security or unauthorised use of your account.
Health Disclaimer
The App provides health and fitness information and is intended only to assist users in their personal fitness goals. We are not a medical organisation and cannot give medical advice or diagnosis. You should consult your physician before starting any fitness program, especially if you have any medical condition or injury.
Use of the App
You agree to use the App in a manner consistent with all applicable laws and regulations. You agree not to:
– Use the App for any unlawful purpose.
– Upload, post, or transmit any content that is defamatory, obscene, offensive, or violates the rights of others.
– Use any automated means to access the App or collect any information from the App.
– Interfere with the operation of the App or any user’s use of the App.
Fees, Charges, and Subscriptions
Any Digital Services membership may start with a free trial. The free trial period for any subscription will last for the period of time specified when you signed up. Free trials may not be combined with certain other offers, as specified. If you begin your subscription within a free trial, we may begin billing you for periodical membership fees at the time of subscription purchase or at the end of the free trial period unless you cancel your membership prior to the end of the free trial period, at our sole discretion.
You agree to pay for all fees and charges incurred while using the Digital Services and the Platform Services. Additional taxes or third-party charges may apply. You may be offered:
– Pay per session
– Subscription options, which could be monthly, quarterly, half-yearly, annual, recurring, or non-recurring subscription options.
For the purposes of our weekly, monthly, and yearly subscriptions:
– A week constitutes 7 calendar days.
– A month constitutes 30 calendar days.
– A year constitutes 365 calendar days.
Non-recurring subscriptions are non-cancellable. However, you may cancel your recurring subscriptions at any time by going to your Account Settings and cancelling your subscription before the respective renewal date to avoid billing of the next period’s subscription fee to the Payment Detail you have provided. Refunds cannot be claimed for any partial-term subscription period.
Any promotion code or offer provided may not be used in conjunction with any other promotion code or offer, past or present. Introductory offers are only available to new users of the Platform, except where expressly stated otherwise. Previous users, including those having only booked/utilized trial services, or trial users of the Platform do not qualify as new users. No promotion code or discount will apply to any services/products unless otherwise stated on the Platform. Unless otherwise set forth in the terms of any promotion, all pricing promotions or discounts will apply to the initial period of the subscription, and any renewals will be charged at the non-discounted rate for the type of subscription or membership purchased.
Refund Policy
Fitness Services – Any memberships/sessions/classes/activity bookings bought by you are non-refundable, non-exchangeable, and non-saleable.
Violation of the Terms of Use
You agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to the Company and/or Vendors, as the case may be, for which monetary damages would be inadequate, and you consent to the Company and/or Vendors obtaining any injunctive or equitable relief that they deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that the Company and/or Vendors obtaining may have at law or in equity. If the Company and/or Vendors take any legal action against you as a result of your violation of these Terms of Use, they will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief that may be granted.
Suspension and Termination
The Terms of Use will continue to apply until terminated by either you or the Company as set forth below. If you object to the Terms of Use or are dissatisfied with the Platform, your only recourse is to (i) close your Account on the Platform; and/or (ii) stop accessing the Platform.
The Company may delist you or block your future access to the Platform or suspend or terminate your Account if it believes, in its sole and absolute discretion, that you have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Use or anyway otherwise acted unethically. Notwithstanding anything in this clause, these Terms of Use will survive indefinitely unless and until the Company chooses to terminate them.
If you or the Company terminate your use of the Platform, the Company may delete any Content or other materials relating to your use of the Platform Services and the Company shall have no liability to you or any third party for doing so. However, your transaction details may be preserved by the Company for purposes of tax or regulatory compliance. You shall be liable to pay for any Platform Services that you have already ordered till the time of termination by either party whatsoever.
Intellectual Property
All content, features, and functionality of the App, including but not limited to text, graphics, logos, and software, are the exclusive property of Pink 360 or its licensors and are protected by copyright, trademark, and other intellectual property laws.
Limitation of Liability
To the maximum extent permitted by law, Pink 360 shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:
– Your use of or inability to use the App.
– Any unauthorized access to or use of our servers and/or any personal information stored therein.
Indemnification
You agree to indemnify and hold Pink 360 and its officers, directors, employees, and agents harmless from any claims, damages, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to your use of the App, your violation of these Terms, or your violation of any rights of another.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in Chennai, India.
Report Abuse and Grievance Redressal
In the event you come across any abuse or violation of these Terms of Use or if you become aware of any objectionable content on the Platform or if you wish to report a grievance regarding Platform or Platform Services, please report the same to the following e-mail id: info@pinkfitness.com
Please provide us with a detailed description of the complaint/grievance, and we will endeavour to resolve your grievances within 15 (fifteen) days from the date of receipt of such grievance, or within such timeframe stipulated under applicable laws.
Communications
You hereby expressly agree to receive communications by way of SMS and/or e-mails from the Company, Vendors, and other third parties relating to the Platform Services provided through the Platform. You can unsubscribe/opt-out from receiving communications through SMS and e-mail anytime by emailing to info@pinkfitness.com. However, this may limit the extent of Platform Services that you can avail.
General Provisions
Notice:All notices from the Company will be served by email to your registered email address or by general notification on the Platform. Any notice provided to the Company pursuant to the Terms of Use should be sent to info@pinkfitness.com or to our Grievance Officer with the subject line – Attention: TERMS OF USE.
Assignment: You cannot assign or otherwise transfer the Terms of Use, or any rights granted hereunder to any third party. The Company’s rights under the Terms of Use are freely transferable by the Company to any third party without the requirement of seeking your consent.
Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Terms of Use, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect.
Waiver: Any failure by the Company to enforce or exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver by the Company of that provision or right.
IP Infringement
If you believe the Platform or any of the Platform Services violates your intellectual property, you must promptly notify the Company in writing at info@pinkfitness.com. These notifications should only be submitted by the owner of the intellectual property or an agent authorized to act on his/her behalf. However, any false claim by you may result in the termination of your access to the Platform. You are required to provide the following details in your notice:
The intellectual property that you believe is being infringed.
The item that you think is infringing and include sufficient information about where the material is located on the Platform.
A statement that you believe in good faith that the item you have identified as infringing is not authorized by the intellectual property owner, its agent, or the law to be used in connection with the Platform.
Your contact details, such as your address, telephone number, and/or email.
A statement that the information you provided in your notice is accurate, and that you are the intellectual property owner or an agent authorized to act on behalf of the intellectual property owner whose intellectual property is being infringed.
Your physical or electronic signature.
By using the Pink 360 app, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.