PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS APP. BY USING THIS APP, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO ALL TERMS AND CONDITIONS, DO NOT USE THIS APP.
Welcome to THE PAYFITCLUB.
The terms and conditions ("Terms") of use of the app are defined below. The terms 'You' or 'Your' refer to you as the user and the terms 'PAYFITCLUB', 'We', 'Us', 'Company', and 'Our' refer to PayFitClub. We may revise and update these Terms and Conditions at any time without any information to you. The latest version of the Terms of Use will be updated on the App; you can refer to the "Last Updated" date at the bottom of the Terms available on www.payfitclub/terms for the most recent version of these Terms of Use. Your continued usage of the App will mean you accept those changes. These Terms of Use, the Privacy Policy, together with any other policies that may be applicable along with any disclaimers which may be present on the App are referred to as "Agreement".
CLAIM TO REWARD
Each time you wish to encash your reward points, you'll have to have at least 25,000 points & must have filled 5 surveys in order to that. This condition is valid each time you wish to redeem points in cash.
THE APP DOES NOT PROVIDE MEDICAL ADVICE
The contents of the PAYFITCLUB App, such as text, graphics, images, and other materials created by PAYFITCLUB or obtained from PAYFITCLUB's licensors, and other materials contained on the PAYFITCLUB App collectively referred to as "Content" are for information and educational purposes only. The Content is not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your doctor or other qualified healthcare provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Website!
If you think you may have a medical emergency, call your Doctor or Emergency Services immediately. PAYFITCLUB does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the website. Reliance on any information provided by PAYFITCLUB Online is solely at your own risk.
1.1. The App: PAYFITCLUB mobile application is a platform that aims to get its users healthy by setting goals and rewarding them on completing them. The reward points can be encashed later subject to certain T & C's.
1.2 Users: The App is accessible to all users non-registered or registered. Registered Users are users who have registered themselves an account on the App by providing us with certain information and who can log on to the App by providing their username and password. Certain features of the App may be available to Registered Users only.
1.3. Type of material on the App: The material available on the website is in the form of text, write-ups, articles, blogs, info graphics and videos. The content is developed, edited and published by the PAYFITCLUB Editorial team comprising of its affiliates and partners.
1.4. Role of PAYFITCLUB: PAYFITCLUB's role is limited to providing an online platform for hosting and publishing proprietary and user Content.
1.4.1 If PAYFITCLUB suspects any illegal, wrongful or fraudulent activity on the App by any User, notwithstanding any other rights PAYFITCLUB may have, we reserve the right to inform the relevant government or law enforcement authorities.
1.4.2 PAYFITCLUB disclaims any representation and/or warranty for the security, reliability, quality, timeliness, and performance of the app and its features and any other matter relating to the mobile app and / or services. We make no warranty or representation that any errors in the website will be corrected except as required by law.
1.4.3 You agree that the open and real-time nature of the platform make it impossible for PAYFITCLUB to vouch for the validity, authenticity and honesty of user generated content and is not responsible for any user content or for the consequences of you relying on such content.
1.4.4 The App is provided on an "as is" and "as available" basis. Neither PAYFITCLUB nor any third party service providers are liable for any technical or other operational difficulties or problems which may result in loss of your data, personalization settings or other interruptions in the features and functions offered on the website.
2.1 You confirm that you are 18 years or above of age and that your usage of the Website shall not violate any applicable laws;
2.2 All registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information;
2.3 You as a User will use the App solely for your personal non-commercial use. Any use of this App or its content other than for personal purposes is prohibited.
2.4 Usage of this App shall be subjected to the following restrictions:
2.4.1. You will not use the App and / or services in any way that is unlawful, or harms the Company or any other person or entity, as determined in the Company's sole discretion.
2.4.2.You will not engage in any form of antisocial, disrupting, or destructive acts, including "flaming", "spamming", "flooding", "trolling", "phishing" and "griefing" as those terms are commonly understood and used on the Internet.
3.1 You will use the App and services provided by the App only in relation to and in compliance with all applicable Indian laws. You will not use this App or any feature provided by the App for any purposes not intended under this Agreement.
3.2 You will not deliberately use the App in any way that is unlawful or harms App, its directors, employees, affiliates, distributors, partners, service providers and/or any User and/or data or content on the Website.
3.3 By using the App and/or registering yourself at the PAYFITCLUB you authorize us to contact you via email or phone call or sms and offer you services for the product you have opted for, imparting product knowledge, offer promotional offers running on app, for which reasons, personally identifiable information may be collected as detailed below.
3.4 You acknowledge that this App is an informative fitness platform only.
4.1 The app and it's processes, including but not limited to text, graphics, user interface, visuals, computer code, collectively called "Content" is owned by PAYFITCLUB and is protected by copyright, patent and trademark laws and other intellectual property rights.
4.2 The trademarks, logos and service marks displayed on the website are the property of PAYFITCUB and/or its licensors. Any use of the PAYFITCLUB's trademarks or copyright, unless otherwise authorized in a written agreement, will constitute an infringement upon the trademark and copyright (or any other such intellectual property right) of PAYFITCLUB and may be actionable under the applicable laws.
4.3 Unless expressly authorized by PAYFITCLUB, You agree not to reproduce, modify, sell, translate, distribute, republish, download, transmit, or create derivative works of the PAYFITCLUB, in whole or in part, by any means..
5.1 We may collect various personal information from you when you use the App and or the features provided by the App. This information may include, User ID, passwords, Email ID, Face book, Gmail profile.
5.2 Our Privacy Policy is available at www.payfit.online/privacy. It defines policy with respect to the collection, storage, use, transfer and protection of any such personal information. You have to specifically consent / agree to our Privacy Policy in order for you to use the Website.
5.3 The PAYFITCLUB may disclose Your Personal Information in accordance with applicable law.
6.1 You agree to indemnify, defend, and hold PAYFITLUB, including but not limited to its directors, affiliates, vendors, agents, representatives, authorized users and employees against all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees, disbursements and interest charged thereon arising from your use of the App, breach of provisions of this Agreement and any negligent or intentional wrongdoing on Your part including any intellectual property rights of another.
6.2 To the fullest extent permitted by law, in no event will PAYFITCLUB or its affiliates be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages (including, without limitation, loss of business, revenue, profits, goodwill), whether or not PAYFITCLUB has been warned of the possibility of such damages or could have reasonably foreseen such damages.
You agree that PAYFITCLUB reserves the right, in its sole discretion and without prior notice, terminate your access to the app, cancel your account and block your IP in the event it finds out that you breached the Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for suspending and / or terminating your user account and/or your access to the App. Upon suspension or termination, your right to use the features on the App shall immediately cease and the Company reserves the right to remove or delete your information that is available with the Company, including but not limited to login and account information. PAYFITCLUB shall not be liable to you or any third party for any claims for damages arising out of any termination or suspension of your user account or any other actions taken by Us in connection with such account termination or suspension.
If PAYFITCLUB takes any legal action against you as a result of your violation of these Terms of Use, PAYFITCLUB will be entitled to recover from you, all reasonable legal fees and costs of such action.
These Terms of Use and all interactions between you and PAYFITCLUB shall be governed by the laws of India. You agree that all disputes in relation to the mobile application or the relation between you and the PAYFITCLUB shall be subject to the exclusive jurisdiction of the Courts of New Delhi.
9.1. Severability: If, for any reason any provision of this Agreement is held by a court of competent jurisdiction, to be unenforceable under applicable law, then such provision shall be excluded from the Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction.
9.2 Assignment: You cannot assign or transfer the Terms of Use, or any rights granted hereunder to any third party. PAYFITCLUB's rights under the Terms of Use are freely transferrable by PAYFITCLUB to any their parties without seeking consent from the Users
9.3 Waiver: Any failure by PAYFITCLUB to enforce or exercise any provisions of the Terms of Use, or any related right shall not constitute a waiver by PAYFITCLUB of that provision or right.
9.4. Notices: All notices and other communications required or permitted hereunder to be given to a Party shall be in writing, in the English language, and shall be sent by e-mail, or mailed by prepaid internationally-recognized courier, or otherwise delivered by hand, addressed to such Party's address as set forth below or at such other address as the Party shall have furnished to the other Party in writing in accordance with this provision:
If to PAYFITCLUB:
THE PAYFITCLUB
(Address)
Gurugram, Haryana, India - 122 018
If to You: At the email address provided by You to us when you registered as a User.
9.5. Force Majeure: PAYFITCLUB shall not be liable for any downtime or delay or unavailability of the mobile application caused by circumstances beyond Doctor Saab's reasonable control, including without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labor problems, internet service provider failures or delays, or disruptions caused due to hacking and malware.
9.6. Counsel's Advice: Each Party acknowledges to having fully read the Agreement in its entirety and having had full opportunity to study and review the Agreement.
9.7. Advertisement: PAYFITCLUB shall have the right to place advertisements and publicity materials of its choice, including that pertaining to third parties for commercial use through electronic means on the Website.
9.8. Conflict: To the extent there is a conflict or an inconsistency between this Agreement and the PAYFITCLUB Privacy Policy, this Agreement shall govern.
Unless expressly mentioned in a particular "legal notice" on the PAYFITCLUB, these Terms of Use and PAYFITCLUB Privacy Policy constitute the entire agreement between you and PAYFITCLUB in relation to the use of the mobile application, and Content. The Agreement contain the entire understanding of the Parties, and there are no other written or oral understandings or promises between the Parties with respect to the subject matter of the Agreement other than those contained or referenced in the Agreement.
We would like to thank you for your cooperation. We do hope you find the PAYFITCLUB useful and convenient. We appreciate your feedback and comments regarding the content, including any errors, non functional links etc. Please email us at feedback@thepayfitclub.in. We will get back to you at the earliest.