Terms of Use
This website https://eatfitrepeat.in/ along with its pages, features, and content (“Website”) Eat Fit Repeat along with any pages or tabs therein are owned and operated by Eat Fit Repeat (the “Firm/we/us/our”).
1 User Agreement
1.1 Any person using this Website being an Eligible Person (as defined below) (the “User”) shall be bound by the terms and conditions herein (“Terms of Use”). By visiting the Website a User agrees to be bound by the Terms of Use as well as the privacy policy available on the Website https://eatfitrepeat.in/pages/privacy-policy (“Privacy Policy”). The Privacy Policy is deemed to be a part of the Terms of Use by reference thereto. These Terms of Use together with the Privacy Policy on the Website will constitute a binding contract between the Firm and the User or any other person as specified above accessing the Website, LinkedIn, Facebook page, Instagram, Twitter, Youtube, or any other social media account of the Firm or about the Firm (“Platform”); and apply to the content and Services offered through the Website. By using the Website from any electronic device, you agree to abide by these Terms of Use and the Privacy Policy as amended from time to time. Please read these Terms of Use and the Privacy Policy carefully before using or availing of the services offered through the Website. If you do not agree to abide by be bound by these Terms of Use and the Privacy Policy, then in that event you should not use the Website.
1.2 All information provided on the Website is subject to the Terms of Use, the Privacy Policy, and any other relevant terms and conditions, policies, and notices which may apply to a specific section or module of the Website.
1.3 The words “we”, “us”, “and our” including all their grammatical connotations as used herein shall unless repugnant to the context or meaning thereof, be and refer to the Firm, partners of the Firm, the employees, affiliates, representative, sub-contractors, agents, and associates of the Firm and shall be deemed to mean and include the Firm’s successors and assigns. Any references to the words “you” or “your” (as the case may be) shall mean and include the User.
1.4 You acknowledge and agree that you at your own free will agree to be bound by this User Agreement and the Privacy Policy posted on the Website by registering yourself on the Website and by ticking the box next to the statement stating that you have read and understood the Terms of Use, Privacy Policy, and the Legal Disclaimer.
1.5 It is clarified that nonusage of the Website for any period will not amount to termination of the contract under these Terms of Use unless expressly terminated, as provided on the Website and under these Terms of Use. All the rights acquired by the Firm before the termination of these Terms of Use including the rights acquired in any User-Provided Content (as defined below) shall continue to remain with the Firm even after the termination of the Terms of Use or deletion of the profile or account of the User from the Website.
1.6 The Firm shall in its sole discretion have the right at any time and without prior notice to restrict, suspend, terminate, or delete content or details of any User for any or all Services or this Agreement. Any such cases may be notified to the User at the Firm’s discretion.
1.7 You hereby agree and undertake that you shall use the Website strictly by this User Agreement and the Privacy Policy. Without limiting the generality of the foregoing, you agree that you shall not use the Website for any illegal or unauthorized purpose or upload inappropriate content, in any manner whatsoever.
2 Competency to Contract
2.1 The use of the Website and availing of Services is only for individuals competent to contract as per applicable Indian laws (i.e. person above 18 years of age, and who is sound mind and is not disqualified from contracting by any law to which he/she is subject (“Eligible Person(s)”).
2.2 In case the Services offered by the Website are for and on behalf of a minor or a child or for any person who is not an Eligible Person, the Website must be accessed by only the parents/ legal guardians who have to be competent to contract and act on behalf of such minor or child or person who is not an Eligible Person. Such parents/ legal guardians will be responsible for adhering to these Terms of Use and for the actions of the minor, child or the person not being an Eligible Person, on whose behalf he/ she accesses the Website without any liability whatsoever on the Firm.
3 Services provided through the Website
3.1 The Website is designed to be utilized as a platform enabling the Users to obtain services concerning workout plans and meal plans and advice on the health goals desired by the Users (“Services”). The Services provided include meal plans and workout plans that are custom-made as per user goals of losing fat and/or building muscle, as far as possible. in the plans are focused on weight management. It is clarified that the plans are customized based on the information provided and there is no warranty provided that a particular plan would provide the results desired by the customers as this would depend on case to case basis. The plans provided will not reverse any disease or medical condition whether hereditary or lifestyle based.
3.2 The Users subscribed to the Website shall receive periodical updates and information about the products and services provided by the Firm from time to time.
3.3 The identified habits, cycles, likes, dislikes, meal plans, workout preferences, schedules, descriptions, and other relevant details shall be specifically provided in the profile of such User appearing on the Website. The Firm may at its sole discretion modify the aforesaid categories of habits, schedules, plans, and descriptions or introduce new categories and forms of or discontinue any services without any advance notice to you.
4 Registration of the User
4.1 The User agrees that he/ she shall only register once and use a single User account at all times. In case the Firm decides to delete the User profile or debar the User from the use of the Website for any reason whatsoever, the User shall not directly or indirectly enroll with the Website again.
4.2 To register on the Website, a User shall be required to open an account with the Website, for which he/ she may be required to provide information about themselves. The Website reserve the right, concerning any such registration, to refuse to grant a User, and such User may not use, a user name (or email address) or screen name (a) that is already being used by someone else; (b) that may be construed as impersonating another person; (c) that belongs to another person; (d) that violates the intellectual property or other rights of any person; (d) that is offensive; and/or (e) that is rejected by the Website for any other reason in its sole discretion.
4.3 By registering with the Website, a User certifies and undertakes that all information provided by him/ her now is, and/or in the future will be true and accurate and also undertake to revise and update the information promptly. The information provided by a User shall be governed by the Privacy Policy of the Website. In the event a User provides information that is found to be or suspected to be untrue or inaccurate, the Website reserves the right to, in its sole discretion suspend or terminate such User’s registration and block current or future access by such User to the Website. We request you to keep your sensitive personal information including the password of your User account or any financial information including but not limited to Payment Options and all meal plans, workout plans, recipes, and other information provided by us by email or on our Website strictly confidential. Please note that any medical information or allergy information or injury, information is collected by the Firm solely for the purpose to evaluate the plans provided. The User shall be solely responsible for ensuring that the plans provided as a part of the Service do not affect the health of the User in any manner.
4.4 The User shall not operate the Website in any manner which will be prejudicial to or detrimental to the interests of the Firm, any other User of the Website, or any other person or generally the public at large by engaging in illegal, in appropriate, unauthorized activities of any manner whatsoever including activities, tactics which may be insulting, offensive, defamatory, slanderous, libelous, vilifying, cause a threat to life or property or intruding the privacy of any other person. Any such prejudicial, detrimental, or unauthorized use of the Website shall immediately terminate the right of such User to use the Website.
4.5 In case you register on behalf of a minor or a child or a person who is not an Eligible Person, your discretion is solicited while giving access to the Website and the User-Provided Content posted therein to such minor or child or person who is not an Eligible Person and must ensure that the minor or child or person other than an Eligible Person complies with the Terms of Use. You shall be deemed to be in breach of these Terms of Use in case of any breach of these Terms of Use by the minor or child or person other than an Eligible Person; you register yourself on behalf of and the Firm shall not be held responsible for any such breach in any manner whatsoever. Only the parent or legal guardian registering on the Website on behalf of a minor or child or person who is not an Eligible Person shall interact with the Firm or on the Website on behalf of such persons.
4.6 Notwithstanding anything that is stated in these Terms of Use or the Privacy Policy the Firm may at its sole discretion and without assigning any reason whatsoever, de-register or debar or deny registration or access to any person from using the Website or any part thereof.
5 Subscription to the Services
5.1 A User may apply for an online subscription to the Services through the Website.
5.2 The facility of subscription shall be available to Users worldwide, however, the User acknowledges and agrees that the Services shall be online services and shall be provided by the Firm from India.
5.3 Payments for availing the facilities of an online subscription of Services shall be permitted only by electronic means or by deposit to our bank account if so requested, in which case we shall provide you with our bank account details. Payment methods will vary from offer to offer. Upon availing of the subscription to the Services, the User shall be redirected to the payment gateway of the Website and the User shall have to make payment as required. The User hereby agrees and consents to permit the Firm to provide payment details on registration for a continued subscription. All payments shall be made in advance depending upon the subscription plan that the User avails. For instance, the payment for a 4-week plan shall be made before the start/renewal of the four-week cycle.
5.4 No requests for cancellation of a primary subscription shall be entertained once an order has been placed for an online subscription of Services subject to any specific terms regarding any offers, contests, lucky draws, etc. Upon placing an order, the User will receive an email acknowledgment of the same. The said email shall be a confirmation/acceptance of the subscription order.
5.5 The facility of continuous renewal (i.e. continuous renewal of subscriptions) is available on the subscription offers. Unless specifically refused by a User via an email to the Firm at Ruchi@eatfitrepeat.in, the subscription availed by a User shall be automatically renewed.
5.6 A User, however, will have the option to cancel the auto-renewal of his/her subscription as well as receive a refund of payment collected for such auto-renewal, provided a request for such refund is made before the date a User is charged for the same.
5.7 The Firm shall have the exclusive discretion to cancel any subscription. However, it will ensure that any communication of cancellation is intimated to the User within the appropriate time, and any applicable refund, will be made in reasonable time.
5.8 The Firm shall introduce various offers, schemes, or contests at different times. The terms and conditions for such contests shall be separately available on the Website and shall be applicable in addition to the Privacy Policy and the Terms of Use hereof.
5.9 The Firm reserves the right to change/modify/add/delete any of the terms and conditions prevailing on the different promotional schemes it introduces from time to time. The Firm may at its discretion withdraw a particular scheme if it deems it necessary to do so.
5.10 While participating in any contest organized by the Firm, a User hereby agree to release and hold the Firm (and its officers, directors, agents, subsidiaries, affiliates, joint ventures, and employees) harmless from any claim or demand, including but not limited to reasonable attorneys’ fees, or arising out of or related to a User’s participation in the said contest.
5.11 In case of any query regarding any schemes, offers, contests, etc., on the Website or any subscription terms, please contact customer care at Ruchi@eatfitrepeat.in.
6 User-Provided Content
6.1 You are permitted to upload/send via emails audio/ video files, testimonials, data, texts, advice, responses, comments, letters, photos, articles, experiences, messages, posts, blogs, chat room conversations, bulletins, discussions forums, links or another similar form of media content for maintain and sharing such content uploaded by Users (“User Provided Content“). You hereby expressly agree and understand intellectual property rights in the User-Provided Content shall solely belong to the Firm. The Firm shall, at its sole discretion be entitled to display/ not display it on the Platform (or use it for marketing anytime now or in the future). If the Firm decides to display the User-Provided Content on the Platform, it will be in the public domain. The Firm will not require any further consent or sign from you for use of the User Provided Content. The Firm will not be required to inform you as regards the use of User Provided Content.
6.2 The User expressly confirms that the User is entitled to upload the User-Provided Content and that the User-Provided Content does not infringe third-party rights in any manner whatsoever. The User hereby expressly indemnifies the Firm in case of any violation of a third-party right in any manner whatsoever.
6.3 You expressly agree that in consideration for the efforts and use of resources of the Firm in maintaining, notifying, and marinating content and also providing a platform to exchange videos and other useful information, you grant to the Firm a worldwide, royalty-free, exclusive and perpetual right of the User Provided Content for the rights that are not transferred to the Firm as a part of the User Provided Content. The Firm shall be entitled to assign, license, use, change, distribute, duplicate, or deal with any User-Provided Content, in whole or in part, or to incorporate it in other works in any manner whatsoever, for such purpose as the Firm deems fit. By the assignment of the User-Provided Content, you agree that the Firm may publish or otherwise disclose your name in connection with your User-Provided Content. Your assignment hereunder shall survive even if you delete your account or unsubscribe from the Website or remove the User-Provided Content from the Platform or otherwise stop accessing the Website. The Firm is not required to or bound to delete the User Provided Content for any reason whatsoever.
6.4 You acknowledge that once the User-Provided Content is uploaded or posted on the Platform it will be in the public domain. The User must at all times refrain from disclosing or posting any personal information such as your contact details, financial information, credit or debit card details, or email addresses in your User-Provided Content. The Firm shall not be responsible for any misuse of such personal information.
6.5 You agree and undertake that User Provided Content that you post on the Website either on behalf of yourself or on behalf of a minor or child or anyone who is not an Eligible Person, shall not violate or be detrimental to the rights and interests of any other persons and shall not be unauthorized or illegal action in any manner whatsoever.
6.6 The User shall take the entire responsibility for the User Provided Content and the Firm is not liable for any information, data, or facts in the User Provided Content. The Firm does not monitor or control the User-Provided Content and does not guarantee, support, or endorse the truthfulness, accuracy, or reliability of the User-Provided Content or endorse any experiences or opinions shared or expressed on the Platform.
6.7 The User agrees and acknowledges that the User-Provided Content or any information or data uploaded by the Firm is provided or displayed with the understanding that neither the Firm nor its representatives, employees, or agents are doctors, nurses, medical counselors, medical consultants, nutritionists, physician, therapists, medical experts, of engaging in any sector of the medical field, psychology or any other professional field or advisory. The User Provided Content or any other content uploaded by the Firm should not be used for any medical treatment, medical opinion, medical advice, health care advice, medical diagnosis, diet advice, or for any other treatment. It does not substitute for advice from a medical professional or any other professional, as the case may be. It is prudent to seek the advice of your physician, doctor, or any other healthcare expert providing services regarding any medical issues or treatment before taking any health-related or medical decision or before beginning the subscription to avoid any adverse reactions to the suggested meal and workout plans.
6.8 You, as User shall not host, display, upload, modify, publish, transmit, update, or share any information/ content on the Platform or Website or send it vide email, which would call for or require Firm or any other person to upload or share any information/ content that:
(a) belongs to another person and to which the User does not have any right;
(b) is grossly harmful, harassing, blasphemous defamatory, hurts religious sentiment, obscene, pornographic, paedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
(c) harm minors in any way;
(d) infringes any patent, trademark, copyright, or other proprietary rights of any person;
(e) violates any law for the time being in force;
(f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing;
(g) impersonates another person;
(h) contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer resource;
(i) threatens 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 offense or prevents investigation of any offense or is insulting any other nation in any manner whatsoever.
6.9 The facility to share User-Provided Content on social networks may be provided through the Website and Platform including but not limited to Facebook, Twitter, Instagram, Pinterest, Youtube, etc. from time to time. If you opt to share the User-Provided Content on any other social networks, you agree to comply with the terms of use and other policy requirements of such other websites and social networking platforms.
7 Use of the Website and Restrictions
7.1 You agree to provide the Firm with any information or documents as may be requested by the Firm or any other authority without any protest to enable the Firm and/or authority to verify the accuracy of the information provided by you and conformity of your use of the Website with these Terms of Use.
7.2 The Firm does not guarantee the authenticity, utility, or credibility of any User Provided Content or personal information on the Website, and shall not be responsible for any actions that the Users may take as a result of using the Website or having to access to User Provided Content on the Website.
7.3 No advice or information, whether oral or written, obtained from or through the Firm will create any warranty not expressly made herein.
7.4 You acknowledge and agree that the Firm shall not be responsible for any inherent risks of using the Services on the world wide web or Internet generally including phishing, hacking, corruption of data, piracy, and the like. You agree that by using the Website, you assume all associated risks of using the Website on the Internet.
7.5 You acknowledge and agree that the Firm may retain and disclose your information and User Provided Content that you provide if the Firm is required to do so by law or if it believes in good faith that such access, preservation, or disclosure is reasonably necessary for any reason that the Firm deems fit.
7.6 Be aware that the Firm does not undertake to pre-screen User Provided Content. However, The Firm may periodically examine the information transmitted or received through the Website and deal with or modify such information transmitted or received through the Website as may be deemed necessary by the Firm by reasonable security practices from time to time. The User shall be bound by any such actions or decisions of the Firm.
7.7 The User shall be solely responsible for all information that is made available by them via the Website and shall be liable for any injury, damage, and consequences that may arise due to incorrect, wrong, or malicious information. The Users are hereby advised to make all inquiries that they may deem necessary before availing of any Services including obtaining and seeking medical advice. The Firm will not be liable to the User or any other person in any way for any costs or consequences caused due to availing the Services through the Website including injuries and death.
7.8 You are expressly prohibited from soliciting or engaging in any illegal or immoral acts through the use of the Website in any manner whatsoever.
7.9 You will not use any part of the Website for any commercial activity whatsoever, or engage in any business, trade, or vocation whether competing in nature about the business of the Firm or not without the prior written consent of the Firm, including, for example, inserting your own or a third party’s advertising, branding or promotional content, promoting a political party/ agenda, promoting a religion/ religious group, promoting a website competing with the Website into the Website’s/ Website’s contents, materials or services, in any manner whatsoever.
7.10 The manner of arrangement, working, and operation of the Website its graphics, displays, interactive platforms, and windows as available on the Website are the property and proprietary information of the technology partners of the Firm and their operation, display shall be at the sole discretion of the Firm and their technology partners.
7.11 You shall not hack or render useless or try to illegitimately gain admission into or corrupt any part of the Website or any other records, computer, de\ice, network, storage, system of the Firm or any other of any other person (natural or artificial) through any means whatsoever.
7.12 The Firm shall in its sole discretion be entitled to restrict/ limit the number of messages, and emails to be sent to the User to ensure that the Website is not misused for bulk/ spam messages in any manner whatsoever.
8 Information on the Website or Meal Plan
8.1 Whilst every effort is made to update the information contained on the Website, neither the Firm nor any third party or data or content provider, if any, make any representations or warranties, whether express, implied, in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, research information, data, information posted by Users and/or content contained on the Website (including but not limited to any information which may be provided by any third party or data or content providers) (“Information”) and shall not be bound in any manner by any Information contained on the Website. The Firm reserves the right at any time to change or discontinue without notice, any aspect or feature of the Website.
8.2 Information offered on the Website is only for information purposes and shall not be construed as advice. A User relies on the Information contained on this Website at his/her/its own risk. If the User finds an error or omission on the Website it may inform the Firm about the same. The Firm may take into consideration such input by a User but is under no obligation to act on such input.
8.3 The personal meal plan is generated based on recommended daily energy intake recommendations based on your height, weight, gender, and age. The recommendation is based on the following:
The ingredients used in our meal plans are based on the following food databases,
- The Food and Nutrition Database for Dietary Studies (FNDDS) – [https://data.nal.usda.gov/dataset/food-and-nutrient-database-dietary-studies-fndds]
- The USDA National Nutrient Database for Standard Reference (SR) – [https://fdc.nal.usda.gov/]
- Nutrition Packaging Label of food recommended – This is based on the information contained on the carton, package, box, or label or provided by such third-party service provider or based on information available generally online for a food item or product recommended. Such as, if product A is recommended, we may provide you with certain information based on the information that is contained in its packet.
9 Intellectual property and proprietary information
9.1 The Firm is legally entitled to the use of trademarks, word marks, and logos applied or registered in the name of the Firm. The Firm or its licensor/technology partners (as the case may be) are the owners of the Website, including but not limited to the source code, object code, scripts, logos, design, graphics, button icons, arrangement, and software. All content posted on the Website is either owned by the Firm or irrevocably assigned to the Firm. The User is not entitled to use the name, trademarks, proprietary information, logos, or the intellectual property of the Firm in any manner whatsoever.
9.2 Nothing contained on the Website should be construed as granting any license or right to any User, to use any intellectual property belonging either to the Firm and/or its technology partner or third party service provider associated with Website, in any manner whatsoever. Subject to what is stated in the paragraph above, any other material displayed on the Website that is capable of being protected as intellectual property shall be the property of the Firm or its licensors, and nothing contained therein should be construed as granting any license or right to the User to use any such material without the prior written permission of the Firm.
9.3 The User agrees that they shall not, in any manner whatsoever –
- design, develop, or engineer a website or Website deceptively similar to the Website;
- download, duplicate, copy, alter, or modify any content or intellectual property on the Website;
- publicize or use for commercial gain any content or intellectual property on the Website; and
- any content or intellectual property on the Website.
- Reverse engineer the Website
10 Pop-up – third-party Websites
10.1 There may be links contained on the Website or pop-up advertisements to other Websites/ websites/ web pages/blogs etc. which will give a User access to such other Websites/websites/web pages/blogs etc. (“Linked Website”). The Websites/ web pages/blogs etc. accessible by such Linked Websites are not under the control of the Firm. The Firm has not reviewed, nor approved the content, services, material, other links, etc. available on such Linked Website and shall not be held responsible in any manner whatsoever for any contents, services, other links, etc. (or lack thereof) on any such Websites/ web pages/blogs, etc. The inclusion of any such Websites does not imply endorsement by the Firm of such other Linked Websites. When visiting such Linked Website, the User must refer to the external Website’s terms and conditions of use. No hypertext links/ links to third Websites shall be created from any Website/ website controlled by the User or otherwise to the Website, without the express prior written permission of the Firm. The User is to contact the Firm if it would like to link to the Website or would like to request a link to its Website/website.
11 Fees
11.1 The charge/fee for the subscription of the Services shall be as provided in the offer terms detailed on the Website and opted for by a User for the use of the Website. Further, in the event, the Firm is required to charge any additional fee/applicable tax by any provisions of any law, rules, or regulations that are either applicable or may be applicable in the future, the User expressly agrees to pay such fee/charge that may be levied by the Firm under the relevant provisions of such law/rules/regulation.
11.2 The Firm may offer such promotional codes (“Coupons”) to the Users or the potential users or subscribers of the Website as it deems fit from time to time for promotion for offering any specific benefits, offers, discounts, or services. The Firm reserves the right to offer or discontinue such Coupons subject to any additional terms and conditions as the Firm may require concerning each Coupon offered or discontinued at any time without any prior intimation of any sort for any or no reason without any liability on the Firm whatsoever. Unless otherwise specified in the terms of conditions of the respective Coupon(s), the Coupons shall be (i) non-transferable, non-assignable, and (ii) used only for the purpose specified. The Coupons shall not be sold, disposed of, copied, circulated, exchanged for cash, or redeemed for any purpose, other than the specified/ intended purpose. The Coupons may be valid for a specified time and restrictions on the number and manner of use. The Firm may deny /withdraw/ cancel/ suspend any benefits/features/ services offered through the use of any Coupons at its sole discretion without any prior notice to any person.
11.3 You will be required to make payments to the Firm under the debit card/ credit card/ wallets/ gateways/net banking or similar means (“Payment Options”) available on the Website. All the payment obligations shall not be cancellable and all payments made by the User shall not be refundable for any reason whatsoever.
11.4 The Firm shall be entitled to change its pricing policies from time to time, without any prior notice to you.
11.5 The User hereby expressly states that he/ she is validly entitled to make payment to the Firm via the Payment Options.
11.6 You agree and undertake to comply with the exchange control laws, foreign exchange control, and any similar laws and regulations applicable to you while dealing with and making payments for availing the Services of the Firm.
11.7 Please be aware that all Payment Options are provided and maintained by third-party service providers and the Firm. Hence the Firm is not liable or responsible for the misuse of any information provided by the User at the time of making payment for the use of the Services on the Website.
12 Disclaimers and Limitation of Liability
12.1 You acknowledge that the Services provided on the Website. The Firm does not assure or guarantee that they would necessarily secure an optimum result or that the advice be equivalent to a doctor’s advice/dietician’s advice.
12.2 You acknowledge and agree that the Website is not intended to substitute nutritionists/doctors or dieticians. The Users shall solely be responsible for any decisions made by them regarding Services and the plans and the steps taken by the User to follow these plans. The Firm hereby states that any decisions regarding following the workout plans or meal plans should not be made solely based on the information available on the Websites. Each workout plan and meal plan may affect each customer individually differently and there may be instances of weight gain or weight loss which may not be according to the requirement of the customer. We cannot be held liable in such cases and we recommend consulting your doctor/nutritionist before starting any plan.
12.3 The Firm shall not be held liable for any costs, claims, damages, or injuries suffered by the User owing to the use of the Website, in any manner whatsoever (including death).
12.4 The Firm shall endeavor to provide accurate and hassle-free information to the Users of the Website uninterruptedly and securely, but the accuracy, reliability, and security of the services, any descriptions, qualifications, abilities, performance, or other attributes provided by any User-Provided Content cannot be guaranteed and you acknowledge that User Provided Content and other data/information on the Website /Website could have errors or may not be up to date, for which the Firm cannot be held accountable or liable at any time.
12.5 The Firm may undertake maintenance of the Website or the Website, undertake actions interrupting the use of the Website, upgrade software, repair technical issues, modify the Website, deal with any other circumstances beyond the Firm’s control, or delete, modify, or add any accounts on social media platforms from time to time, without any notification to the User. The User acknowledges and agrees that the aforestated circumstances may result in the interruption of Services on the Platform/ Website/Website. The User agrees to cooperate with the Firm during such times.
12.6 The User agrees and understands that the Firm shall not be held responsible, or liable for the disruption of services or non-performance of the terms of these Terms of Use and Privacy Policy or the costs and consequences arising from the disruption of services or the non-performance of the terms of these Terms of Use and Privacy Policy, owing to a force majeure event such as national emergency, war, riots, insurrections, acts of terrorism/ public enemies, pandemics, epidemics, civil disturbances, prohibitive governmental regulations or the orders of any judicial/legislative authority, strikes, lockouts or other industrial disturbances, fire, floods, lightning, violent winds, cyclones, severe rains, earthquake or other acts of God, hardware or software crashing or failures, or any other cause beyond the reasonable control of the Firm that renders use of the Website impossible.
12.7 The Firm shall not be responsible for any loss of data or deletion of any User Provided Content or data that may have been provided by the User resulting from such interruption of any service.
12.8 The Firm shall not be responsible or liable for any loss or deficiency of any services availed through the Website. The Users shall use the Website at their own risk.
12.9 In no event shall the Firm be liable to the Users for any direct, indirect, punitive, incidental, special, or consequential damages arising out of or in any way connected with the use of the Website.
13 Limitation of Liability
13.1 THE WARRANTIES EXPRESSLY STATED IN THESE TERMS OF USE ARE THE SOLE AND EXCLUSIVE WARRANTIES OFFERED BY THE FIRM. THERE ARE NO OTHER WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THOSE OF MERCHANTABILITY OR FITNESS OR GUARANTEE FOR A PARTICULAR PURPOSE. THE SERVICE AND FIRM INFORMATION ARE PROVIDED TO THE USER ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE USER ASSUMES ALL RESPONSIBILITY FOR DETERMINING WHETHER THE SERVICE OR THE INFORMATION GENERATED THEREBY IS ACCURATE OR SUFFICIENT FOR THE USER’S PURPOSES.
13.2 Except for User’s payment obligations and either Party’s indemnification obligations, in no event will the Firm’s aggregate liability exceed the fees paid by the User for the 6 months before the time of the event or circumstance giving rise to such claim. In no event will the Firm be liable in an action in negligence, contract, tort, or based on a warranty or other legal theory, in any way to the User or any other person for any lost profits or revenues, loss of use, loss of data or costs of procurement of substitute goods, licenses or services or similar economic loss, or for any punitive, indirect, remote, exemplary, special, incidental, consequential or similar damages of any nature, whether foreseeable or not arising out of or resulting from these Terms of Use? The foregoing limitation applies to all causes of action in the aggregate including without limitation to breach of contract, breach of warranty, negligence, strict liability, and any other torts.
14 Indemnity
14.1 You shall indemnify and hold safe harmless indemnified the Firm, partners of the Firm, the employees, affiliates, representative, sub-contractors, agents, and associates of the Firm from any claims and losses imposed on, incurred by, or asserted as a result of or related to (i) your access and use of the Website and Website, (ii) Your uploading User Content on the Website, (iii) your breach of these Terms of Use / Privacy Policy; (iv) your misrepresentation, negligence, misconduct, non-compliance or violation of any applicable laws, violation of a third party right; (v) any wrong or incorrect information provided by you to us, in any manner whatsoever.;.
14.2 This indemnity shall survive the termination of these Terms of Use and Privacy Policy. To the fullest extent permitted by law, the foregoing indemnity will apply regardless of any fault, negligence, or breach of warranty or contract of or by us and/or our suppliers, licensors, affiliates, partners, subsidiaries, employees, representatives, agents, and/or members.
15 Equipment and Operation
You shall provide and maintain all telephone/ internet and other equipment necessary to access the Website and the costs of any such equipment and/or telephone/internet connections or use, including any applicable taxes, shall be borne solely by you. You are responsible for operating the equipment used to access the Website.
16 General
16.1 Entire Agreement.
These Terms of Use along with the Privacy Policy (“Website Terms & Conditions”) constitute a record of the agreement between the User and the Firm about the User’s use of the Website. Unless otherwise specifically stated, these Website Terms & Conditions supersede and replace all prior commitments, undertakings, or representations, whether written or oral, between the User and the Firm in respect of the User’s use of the Website. These Website Terms & Conditions are in addition to and are to be read in conjunction with any special terms and conditions that may apply to services availed of by a User.
16.2 Amendment
We may at any time as we think it is fit, change the terms and conditions of these Terms of Use and/or the Privacy Policy without advance notice to you. Your continued use of the Website after such change in these Terms of Use and/or the Privacy Policy will mean and imply that you accept the new and/or modified terms and conditions of these Terms of Use and/or the Privacy Policy. Kindly re-visit the ‘Terms of Use’ link at our site from time to time to keep yourself familiarised with any changes that may be made to these Terms of Use or Privacy Policy to enable you to adhere to the same. It is clarified that any amendments or modifications to these Website Terms & Conditions shall be effective immediately upon posting.
16.3 Conflict
If there is any conflict between the Website Terms & Conditions and any other document, the Website Terms & Conditions shall govern the arrangement between the User and the Firm, whether such orders or other documents are before or after the Website Terms & Conditions, or are signed or acknowledged by any partner, officer, employee, representative or agent of the Firm, except for use of User Personal Data of Users, in which case the Privacy Policy shall prevail.
16.4 Waiver
Any delay, failure, forbearance, or indulgence by the Firm in exercising, or enforcing at any time any of the provisions of the Website Terms & Conditions shall not constitute or be construed to be a waiver of such provisions or of the right of the Firm to enforce any such provisions. No single or partial exercise of any rights under the Website Terms & Conditions shall preclude any other or further exercise of such rights or the exercise of any other rights under the Website Terms & Conditions.
16.5 Severability
If any provision of the Website Terms & Conditions or the Website thereof becomes invalid or unenforceable, to any extent and for any reason including because of any applicable law, the remainder of the Website Terms & Conditions and the Website of such provision shall not be affected thereby, and each provision of the Website Terms & Conditions shall be valid and enforceable to the fullest extent permitted by the applicable law.
16.6 Governing Law and Jurisdiction and Dispute Resolution
All the Website Terms & Conditions shall be governed by and construed by the laws of India.
All disputes and differences between any User and the Firm regarding the interpretation, scope, or effect of any of the Website Terms & Conditions contained herein shall be referred to an arbitral tribunal consisting of a sole arbitrator appointed by the terms as may be mutually agreed between them. The language of proceedings shall be English and arbitration shall be held at Mumbai. The arbitration proceedings shall be governed by the Arbitration and Conciliation Act, of 1996.
Subject to the paragraph above, the User hereby consents to the exclusive jurisdiction of the courts of Mumbai, India in respect of any disputes arising in connection with the use of the Website, the Website Terms & Conditions, or any other relevant terms and conditions, policies and notices or any matter related to or in connection therewith.
16.7 Assignment
Any rights, benefits, or obligations arising out of these Website Terms and Conditions shall not be assigned by you to any person. Any such assignment shall be null and void. However, the Firm may assign the terms of these Website Terms and Conditions, in whole or in part, to any third party or any User-Provided Content uploaded on the Website at any point in time to any person at its sole discretion.
16.8 Contact Details
If the User (i) has any questions, comments, or concerns arising from the Website Terms & Conditions; (ii) desires to provide input on the Information on the Website or the material provided by another User; (iii) who desires to send in any requests/concerns/suggestions/feedback concerning the Website; (iv) is desirous of discontinuing /canceling his registration/subscription; (v) the use of the Website by another User; or (vi) if the User wishes to lodge any complaints regarding the Website for example misuse or abuse of the facilities/Services by another User, technical snag in the software, etc., such User may write to or contact the Firm at
For general questions/ support: Ruchi@eatfitrepeat.in
For Grievance:
Name: Ruchi Sharma
Company: Eat Fit Repeat
