1. Acceptance and Binding Effect
1.1 These Terms of Use (“Terms”) constitute a legally binding agreement between you and Nutrimate Wellness Pvt. Ltd. (“Nutrimate”, “we”, “us”, “our”) governing your access to and use of the FitVia platform (the “Platform”).
1.2 By accessing, registering for, or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and by the Privacy Policy in Part A. If you do not agree, you must not access or use the Platform.
1.3 These Terms are an electronic record under the Information Technology Act, 2000 and do not require any physical or digital signature. If you use the Platform on behalf of an Establishment or organisation, you represent that you are authorised to bind it to these Terms.
2. Definitions
2.1 Capitalised terms not defined here have the meaning given in the Privacy Policy. “Establishment” means the gym, fitness centre, hospital, corporate, or trainer providing you access; “Content” means all data, text, plans, media, and materials available on or submitted to the Platform; “User Content” means Content you submit.
3. Eligibility
3.1 You must be at least 18 years of age and competent to contract under the Indian Contract Act, 1872 to use the Platform on your own behalf.
3.2 If you are below 18 years of age, you may use the Platform only where your Establishment has obtained verifiable consent from your parent or lawful guardian, and such use is under the responsibility and supervision of that Establishment and guardian.
4. Account, Access, and Security
4.1 Your account is created and made available to you by your Establishment as part of your membership, employment, or engagement. Access to certain features may depend on your Establishment’s subscription.
4.2 You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You must promptly notify your Establishment or us of any unauthorised access or suspected breach.
4.3 Because accounts are administered within your Establishment’s environment, account creation, access, suspension, and closure are handled through your Establishment or our support process, and not through an independent member self-service deletion option. Deletion requests are governed by clause 12 of the Privacy Policy.
4.4 You agree to provide accurate, current, and complete information and to keep it updated. We may refuse, suspend, or terminate access where information is found to be inaccurate, misleading, or fraudulent.
5. Licence and Ownership
5.1 Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable licence to access and use the Platform for your personal fitness and wellness purposes or, in the case of trainers and administrators, to deliver services to members of your Establishment.
5.2 All rights, title, and interest in and to the Platform, including its software, design, user interface, logos, trademarks (including “FitVia” and “Nutrimate”), and all Content other than User Content and Establishment content, are and remain the exclusive property of Nutrimate or its licensors. No rights are granted except as expressly set out in these Terms.
5.3 You must not, and must not permit any third party to, copy, modify, adapt, translate, reverse-engineer, decompile, disassemble, create derivative works of, frame, mirror, republish, or exploit any part of the Platform, except to the extent such restriction is prohibited by applicable law.
6. Acceptable Use and Prohibited Conduct
6.1 You agree not to use the Platform to, and not to permit or enable any third party to:
(a) violate any applicable law, regulation, or third-party right;
(b) upload or transmit content that is false, misleading, defamatory, obscene, offensive, harmful, or infringing;
(c) gain or attempt to gain unauthorised access to the Platform, its systems, or the data of other users;
(d) introduce any virus, malware, or malicious code, or interfere with, disrupt, or overload the Platform or its security;
(e) use any robot, spider, scraper, or automated means to access, extract, or harvest data without our prior written permission;
(f) impersonate any person or entity or misrepresent your identity or affiliation;
(g) resell, rent, sublicense, or commercially exploit the Platform or its Content without our authorisation;
(h) use the Platform in any manner that could damage, disable, or impair it or interfere with any other party’s use.
6.2 We may investigate and take appropriate action, including suspension or termination of access and referral to law-enforcement authorities, for any suspected violation.
7. Health, Fitness, and Medical Disclaimer
| IMPORTANT HEALTH AND SAFETY DISCLAIMER |
| FitVia provides fitness and wellness tools only. It is not a medical device and does not provide medical advice, diagnosis, treatment, or clinical judgement. Workout plans, nutrition plans, supplement suggestions, health scores, and insights available through the Platform are for general guidance and may be created by trainers, by your Establishment, or generated by the Platform. They are not a substitute for professional medical, clinical, or dietary advice. You must consult a qualified physician before beginning or modifying any exercise, diet, or supplement programme, particularly if you have any medical condition, are pregnant or nursing, are injured, or are taking medication. You assume all risks associated with your use of any plan, recommendation, or feature. Stop any activity and seek medical attention if you experience pain, discomfort, dizziness, or any adverse symptom. |
8. Trainer, Establishment, and Third-Party Content
8.1 Plans, recommendations, notes, and other content created or provided by your Establishment or its trainers are the responsibility of that Establishment or trainer. We provide the technology platform only and do not create, verify, endorse, or assume responsibility for the accuracy, quality, safety, or suitability of such content.
8.2 Any reliance you place on Establishment or trainer content is at your own risk, subject to the disclaimers and limitations in these Terms.
9. Optional Services: Lab Tests and Supplements
9.1 Lab tests. Where the Platform enables booking of diagnostic lab tests, Nutrimate acts solely as a facilitator connecting you to a third-party diagnostic partner and its accredited laboratories. Those third parties are solely responsible for scheduling, sample collection, testing, accuracy and delivery of reports, payments, refunds, and regulatory compliance. Nutrimate does not conduct tests and does not provide medical interpretation of results.
9.2 Supplements. Supplement information, suggestions, and tracking are provided for convenience only. We do not manufacture, sell, or dispense supplements and make no medical or health claims regarding them. You must consult a qualified physician before commencing any supplement.
9.3 Your use of any optional service may be subject to the separate terms of the relevant third-party provider.
10. Fees, Subscriptions, and Payments
10.1 Certain features or subscriptions may be chargeable. Where applicable, the fees, billing cycle, renewal, and cancellation and refund terms will be disclosed to you at or before the point of purchase.
10.2 Payments may be collected and processed by third-party payment processors, and are subject to their terms. Applicable taxes will be charged as required by law. Membership fees payable to your Establishment are governed by your separate arrangement with that Establishment and are not the responsibility of Nutrimate.
11. User Content and Licence to Us
11.1 You retain ownership of User Content you submit. You represent and warrant that you have all necessary rights to submit such content and that it does not infringe any third-party right or violate any law.
11.2 You grant Nutrimate and your Establishment a non-exclusive, royalty-free, worldwide licence to host, store, reproduce, process, and use your User Content solely to operate, provide, secure, and improve the Platform and its features, and as described in the Privacy Policy. This licence ends when your User Content is deleted, except for content retained under clause 10 of the Privacy Policy or copies retained for backup, legal, or security purposes.
12. Suspension and Termination
12.1 We or your Establishment may suspend, restrict, or terminate your access to the Platform, in whole or in part, with or without notice, where: (a) you breach these Terms or the Privacy Policy; (b) your continued use poses a security, legal, or reputational risk; (c) your Establishment instructs us to do so or your membership ends; or (d) required by law.
12.2 Upon termination, the licence granted to you ceases and you must stop using the Platform. Clauses that by their nature should survive termination – including those on intellectual property, disclaimers, limitation of liability, indemnity, retention, and governing law – shall survive.
13. Disclaimers and Warranties
13.1 The Platform and all Content are provided on an “as is” and “as available” basis, without warranties of any kind, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, accuracy, title, and non-infringement, to the maximum extent permitted by law.
13.2 We do not warrant that the Platform will be uninterrupted, timely, secure, error-free, or free of viruses, or that any defect will be corrected, or that results obtained from its use will be accurate or reliable.
14. Limitation of Liability
14.1 To the maximum extent permitted by applicable law, Nutrimate and its directors, officers, employees, affiliates, and partners shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or health outcomes, arising out of or in connection with your use of or inability to use the Platform, even if advised of the possibility of such damages.
14.2 To the maximum extent permitted by applicable law, the total aggregate liability of Nutrimate arising out of or relating to the Platform and these Terms shall not exceed the total amount actually paid by you to Nutrimate for the Platform in the three (3) months immediately preceding the event giving rise to the claim, or INR 5,000, whichever is lower.
14.3 Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law.
15. Indemnity
15.1 You agree to indemnify, defend, and hold harmless Nutrimate and its directors, officers, employees, affiliates, and partners from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with: (a) your breach of these Terms or the Privacy Policy; (b) your misuse of the Platform; (c) your violation of any applicable law or any third-party right; or (d) your User Content.
16. Force Majeure
16.1 We shall not be liable for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, natural disasters, epidemics or pandemics, war, civil unrest, governmental action, failure of telecommunications or internet infrastructure, power failures, or third-party service failures.
17. Governing Law, Jurisdiction, and Dispute Resolution
17.1 These Terms and any dispute or claim arising out of or in connection with them or the Platform shall be governed by and construed in accordance with the laws of India, without regard to conflict-of-laws principles.
17.2 The parties shall first attempt to resolve any dispute amicably through good-faith discussions. Any dispute not so resolved shall be referred to and finally resolved by arbitration by a sole arbitrator under the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be [City], Maharashtra, and the language shall be English.
17.3 Subject to the arbitration provision above, the courts at [City], Maharashtra shall have exclusive jurisdiction over any matter arising out of or relating to these Terms.
18. General Provisions
18.1 Entire agreement. These Terms together with the Privacy Policy constitute the entire agreement between you and us regarding the Platform and supersede all prior understandings.
18.2 Severability. If any provision is held invalid or unenforceable, the remaining provisions continue in full force, and the invalid provision shall be modified to the minimum extent necessary to make it enforceable.
18.3 No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
18.4 Assignment. You may not assign these Terms without our prior written consent. We may assign our rights and obligations to an affiliate or successor.
18.5 Notices. We may provide notices through the Platform or to the contact details associated with your account. Notices to us must be sent to admin@nutrimate.in.
18.6 Changes to Terms. We may amend these Terms from time to time. Material changes will be notified through the Platform, and continued use after the effective date constitutes acceptance.
19. Contact
19.1 For questions about these Terms, contact admin@nutrimate.in. For privacy matters or to exercise your rights, contact admin@nutrimate.in.
By accessing or using FitVia, you acknowledge that you have read, understood, and agreed to this Privacy Policy and these Terms of Use.