This User Agreement ("Agreement") is a contract between you and Be Athletic Ventures LLP ("BeAthletic," "we," or "us" as appropriate in context) that governs your use of Be Athletic’s products, software, and/or services as described on www.BeAthletic.fit ("Website") and the programs available through the Website ("Marketplace") (collectively referred to as the "Services"). By accessing the Website or Marketplace, registering on it, and using the Services as a member or guest, you agree to comply with this Agreement and its terms.
This Agreement governs your access to and use of the Website and Marketplace and applies to all visitors, users, and others who access the Services ("Users"). If you do not agree with the terms of this Agreement, you are not authorized to use the Website, Marketplace, or Services. Be Athletic will not be held responsible for any consequences arising from unauthorized use.
We may amend these terms of use at any time by updating this page. The revised terms will be posted on the Website, and you are expected to review this page periodically to stay informed of any changes. All changes take effect immediately upon posting, and by continuing to use the Website, Marketplace, or Services, you agree to the revised terms and conditions. Certain provisions of this Agreement may be superseded by specific terms or notices published elsewhere on the Website or Marketplace.
Be Athletic has designed this Website and Marketplace to provide Users with Services that include guidance on improving fitness, integrating fitness into individual lifestyles, and offering access to healthy and nutritious food products. While our workout and nutrition recommendations are tailored to each individual, taking into account factors such as fitness goals, and lifestyle preferences, we are not a medical organization. Our recommended workout plans and specific exercises should not be misconstrued as medical advice, prescriptions, or diagnoses.""The Marketplace is an e-commerce platform available on the Website, where Users can access a variety of health and nutrition-based products (""Products"") and programs, all exclusively listed by Be Athletic. Users may place orders and purchase these Products and programs through the payment gateway provided. The use of the Marketplace and the purchase of Products and programs are governed by the terms outlined in this Agreement."C empowers individuals to work out anytime, anywhere, making fitness genuinely accessible.
ACCESS
Access to the Services is granted on a temporary basis, and we reserve the right to withdraw or amend the Services (or any features within the Services) provided on our Website or Marketplace. Any updates or changes will be notified on our Website or Marketplace from time to time without prior notice. We are not liable if, for any reason, the Website, Marketplace, or Services (or any features within them) are unavailable at any time or for any period. From time to time, we may, at our sole discretion, restrict access to certain parts of the Website or Marketplace or to the entire platform for Users who have registered with us.
Be Athletic grants you permission to use the Services as outlined in this Agreement, provided that:
1. You will not copy or distribute any part of the Services in any medium or manner without Be Athletic’s explicit authorization.
2. You will not alter or modify any part of the Services except as may be reasonably necessary to use the Services for their intended purpose.
3. You will comply with all terms and conditions of this Agreement.
To access the Services, you must register on the Website and create a ""Member"" account. Your account provides access to Services and functionalities, which may be established or modified by us at our sole discretion.
By using the Services and completing the registration process, you warrant that:
a. All the information provided by you is accurate and complete.
b. You will maintain the accuracy of this information by regularly updating it as necessary.
c. You are at least 18 years old and fully competent to enter into this Agreement.
d. You are eligible under applicable laws to enter into a binding contract and are not barred from receiving the Services under any applicable laws.
e. You will use the Website or Marketplace only in compliance with this Agreement and
all applicable local, state, national, and international laws, rules, and regulations.""
We are not liable for any injury, damage, or other consequences, health-related or otherwise, arising from inaccuracies in the information you provide on the Website. Your profile may be deleted with 24 hours' notice or immediately without notice if you are found to have violated the terms of this Agreement or the Privacy Policy.
You must provide your full legal name, a valid email address, and any other requested information to complete the registration process and access the Services. The information you provide may be shared with third parties for providing the Services, record-keeping, internal procedures, or other purposes. By using the Website, you consent to such sharing of your information.
Upon registration, you will receive a user identification code, password, or other security information. You must treat this information as confidential and not disclose it to any third party. You agree to log out of your account at the end of each session. Be Athletic reserves the right to disable any user identification code or password if you fail to comply with the terms of this Agreement. Notify Be Athletic immediately of any unauthorized use of your account by contacting help@BeAthletic.fit.
You are responsible for ensuring access to the Website and Marketplace, including any arrangements necessary to connect to the internet. You are also responsible for ensuring that anyone accessing the Website or Marketplace through your account complies with these terms. You are solely liable for all activities occurring under your account.
Be Athletic is not liable for damages arising from your inability to access your account due to factors beyond our control, such as internet connectivity or service provider issues. Be Athletic reserves the right to deny access to new Users or terminate access to existing Users at its sole discretion.
MEMBERSHIP/REGISTRATION FOR THE SERVICES
Once you complete registration on the Website, you will become a member, which:
● Allows you to access and post content on the Website/Marketplace.
● Allows us to contact you, if necessary, to inform you of changes to the terms of use of the Website or to describe new services enabled on the Website.
● Allows you to access and purchase Products on the Marketplace, subject to the terms and conditions set out herein.
● Allows you to make use of the Services on the Website subject to these terms
and conditions.""
● Does not allow you to use email addresses displayed on the Website for any purpose other than that specifically authorized by Be Athletic.
By providing Be Athletic with your email address or phone number, you consent to:
● Our use of your email address or mobile number to send you Service-related notices, including any notices required by law, instead of communication by postal mail. You may opt out of Service-related communications via email or mobile number through your settings.
● Our use of the phone numbers you provide to contact you from time to time with updates and advice relating to your progress using the Services, as well as information about new promotions and sales opportunities.
● Our use of your email address, home address, phone number, and other ancillary information to fulfill orders placed by you on the Marketplace.
● Our use of 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 or phone messages, you may opt out by sending us an email at info@BeAthletic.fit. Opting out may prevent you from receiving important updates or offers.
● Granting Be Athletic permission to contact you via telephone, SMS, and email, and you agree to indemnify Be Athletic (including its subsidiaries/affiliates) against any liabilities, including financial penalties, damages, or expenses, if your
mobile number is registered with the ""Do Not Call"" (DNC) database.
GRANT OF LICENSE
Subject to these terms and conditions of use, Be Athletic grants you a non-transferable, non-exclusive, non-sublicensable limited right and license to access and use the Services solely for the permitted purposes, including but not limited to storing or otherwise using or sharing your documents, files, schedules, minutes, or other data.
PRIVACY AND YOUR PERSONAL INFORMATION
For information about Be Athletic's data protection practices, please read Be Athletic's privacy policy set out below. This policy explains how Be Athletic treats your personal information and protects your privacy when you use the Services.
TERMS OF USE OF THE MARKETPLACE
You may access and use the Marketplace to purchase Products listed thereon, which may be listed by third-party vendors from time to time.
Be Athletic’s responsibility regarding the Marketplace shall extend solely and exclusively to:
1. The provision of the platform for the Marketplace on the Website.
2. The collection of payments from Users using the third-party payment gateway on the Marketplace. In the event of any disputed payments, Be Athletic shall forward the dispute to the payment gateway provider for resolution. Be Athletic's obligations in this regard are limited to this action.
3. The delivery of Products to Users who have placed orders on the Marketplace.
It is clarified that the Products listed on the Marketplace are listed by third-party vendors, and the Products do not belong to Be Athletic in any manner. Therefore, Be Athletic makes no warranty regarding, and shall not be responsible for, the quality, quantity, or authenticity of the Products.
There shall be no refunds or cancellations initiated or entertained once an order is placed and processed on the Marketplace, except as set out in this Agreement.
UPLOADING MATERIAL TO THE SERVICE
Whenever you make use of the Services (or any feature or part of the Services) that allows you to upload material on the Website/Marketplace, or to make contact with other users of our Website/Marketplace or vendors, you must comply with applicable data protection laws and the content standards set out below. These content standards apply to each part of a contribution as well as its whole. Your contribution must be accurate where it states facts, be genuinely held where it states opinions, comply with applicable laws in the country from which it is posted, and be relevant to your posting or use of the Services.
Restrictions on Content
Your contribution must not:
1. Belong to another person or contain information that you do not have the right to share.
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 or ethnically objectionable, inflammatory, disparaging, or otherwise unlawful in any manner.
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, or any other applicable laws relating to publicly accessible content.
5. Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
6. Disclose any personal data such as the name, address, telephone number, mobile or fax number, email address, or any other personal information of an individual without their consent.
7. Be harmful to minors.
8. Infringe any intellectual property, including copyrights, database rights, or trademarks of others.
9. Breach any legal duty owed to a third party, such as a contractual duty or 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, or incite any third party to commit, or assist in committing, unlawful or criminal acts.
13. Contain statements that you know or believe are false, inaccurate, or misleading, or that deceive or mislead others about the origin of the message.
14. Be content for which you were compensated or granted any consideration by a third party.
15. Contain any computer viruses, worms, or other potentially harmful code that could damage or limit the functionality of any computer programs or files.
16. Threaten the unity, integrity, sovereignty of India, its relations with foreign states, public order, or cause incitement to commit any cognizable offense or insult another nation.
We reserve the right to remove any content that, in our sole discretion, violates any of the above restrictions.
RESTRICTIONS ON USE OF SERVICES
You are not permitted to, and shall not:
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 de-compile, reverse engineer, or otherwise disassemble any Service, content, Website, or Marketplace provided to you as part of the Services.
3. Attempt to copy any software provided as part of the Services or the Website or Marketplace, particularly its source code, or attempt to decrypt any part of such software.
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 or alter any logo, copyright, proprietary notices, legends, symbols, labels, watermarks, signatures, or any other marks affixed to or embedded in the Services.
6. Use the Services or any part of it to create a false identity, impersonate any person or organization, or disguise the origin of any content.
7. Use any of Be Athletic's domain names as a pseudonymous return email address.
8. Access or use the Website/Marketplace in any manner that could damage, disable, overburden, or impair the servers or networks connected to any of the servers on which the Website/Marketplace is hosted.
9. Access or attempt to access any content that you are not authorized to view by any means.
10. Access the Website/Marketplace through any means other than the interface provided by us.
11. Alter or modify any part of the Services.
12. Disrupt or interfere with the security of, or otherwise harm the Website, materials, system resources, or attempt to gain unauthorized access to user accounts, passwords, servers, or networks connected to or accessible through the Website/Marketplace or any affiliated linked sites.
The breach of any of these restrictions shall entitle Be Athletic to terminate your use of the Services, without prejudice to any other rights or remedies we may have against you.
RIGHTS RESERVED BY BE ATHLETIC
1. Disclosure of Identity: 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/Marketplace constitutes a violation of their intellectual property rights or their right to privacy.
2. Content Responsibility: 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. Termination and Removal of Non-Compliant Content: We reserve the right to immediately terminate your access or usage rights and remove non-compliant information or materials if they violate these terms and conditions, this Agreement, or the Privacy Policy.
4. Investigation and Prosecution: We have the right to investigate and prosecute violations of these terms and conditions to the fullest extent of the law and may cooperate with law enforcement authorities in prosecuting users who violate these terms.
5. Monitoring and Compliance: While we have no obligation to monitor your access to or use of the Services, we reserve the right to do so in order to operate the Website/Marketplace and provide the Services, to ensure compliance with these terms and conditions, or to comply with applicable laws or court orders, administrative agency or governmental body requirements.
6. Pre-Screening and Content Removal: Subject to receiving a complaint from a user, we reserve the right (but have no obligation) to pre-screen, review, flag, filter, modify, refuse, or remove any content from the Services. For some Services, we may provide tools to filter explicit sexual content or any content deemed unsuitable at our sole discretion.
7. Access and Disclosure of Information: 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;
○ (c) detect, prevent, or otherwise address fraud, security, or technical issues;
○ (d) respond to user support requests;
○ (e) protect the rights, property, or safety of Be Athletic, its users, and the public.
Be Athletic shall not be responsible or liable for the exercise or non-exercise of its rights under these terms and conditions.
8. Changes to Service Prices: We reserve the right to introduce or change the prices of all Services upon 30 (thirty) days' notice. Such notice may be provided by posting the changes to the terms and conditions of use or Services on the Website/Marketplace.
9. Limitation of Liability: Be Athletic shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
BREACH OF CONTENT STANDARDS
If we determine that a breach of the content standards has occurred, we may, at our discretion, take appropriate action. Failure to comply with the content standards constitutes a material breach of the terms of use on which you are permitted to use the Service. In response to such a breach, we may take 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 posted on the Website/App/Marketplace that violates the standards.
3. Issuance of a warning to you.
4. Initiation of legal proceedings against you for reimbursement of all costs (including administrative and legal costs) incurred as a result of the breach.
5. Further legal action against you.
6. Disclosure of the breach to law enforcement authorities as deemed necessary or required by law.
We disclaim and exclude our liability for any actions taken in response to breaches of these rules. The actions listed above are not exhaustive, and we may take any other action we deem appropriate.
Upon the termination/suspension of your account, you will lose access to your account and any content or data stored on the servers. All licenses granted to you for the Website/App/Marketplace or the Services will automatically terminate.
CONTENT
You understand that all information (such as data files, text, computer software, music, audio files, photographs, videos, or other images) accessible through your use of the Services is the sole responsibility of the person who originated such content. You agree that you are solely responsible for any content you create, transmit, or display while""using the Services, and for any consequences arising from your actions, including any loss or damage to Be Athletic.
Be Athletic does not control the content posted on the Website/App through the Services. Your use of the content is entirely at your own risk. A search through the Services may return results that are objectionable, inappropriate, or offensive, and we accept no liability for such content.
You acknowledge that Be Athletic is not liable for any loss or damage resulting from the availability of external sites or resources, or from any reliance you place on the completeness, accuracy, or existence of any content, products, or services from such sites.
You are responsible for ensuring that the content you transfer or handle within the Services does not infringe upon third-party rights. You also warrant that you possess any necessary licenses to process your content or use the Services.
You understand that technical processing of the Services, including your content, may involve unencrypted transmissions and may require changes to conform to technical requirements.
Be Athletic is not liable for the authenticity, reliability, or any issues related to content posted by vendors in the Marketplace.
DISCLAIMERS
Your dealings with advertisers or vendors found through the Services, including payments and delivery of related goods or services, are solely between you and the advertiser or vendor. Be Athletic is not responsible for any loss or damage resulting from such dealings.
The Services may provide links to external websites or resources. Since we do not control these sites, we are not responsible for the content, advertising, products, or materials from such sites and accept no liability for any damage or loss caused by using them.
You agree that your use of the Website/App/Marketplace and the Services is at your sole risk. The Services are provided ""as is"" and ""as available,"" without warranties of any kind, express or implied. Be Athletic does not guarantee that the Services will meet your""specific requirements, be uninterrupted, secure, error-free, or that the quality of products or services will meet your expectations.
If you are older than 35 years, or have not been physically active for over a year, or have a medical condition that may put you at risk, you must consult a qualified healthcare practitioner before using the Services. You should discontinue exercise if it causes pain or severe discomfort, and consult a medical expert prior to resuming exercise.
The content on the Website/App/Marketplace is for informational purposes only and does not substitute professional medical advice. Always consult a healthcare professional for concerns regarding your individual needs or medical conditions.
Content related to drug or dietary supplements or products for sale on the Marketplace has not been evaluated or approved by regulatory authorities.
CONTENT LICENSE FROM YOU
Some areas of the Services allow users to post content, such as news, feedback, comments, data, pictures, and more (“User Content”). You are solely responsible for the User Content you upload, publish, or make available, and Be Athletic is only a passive conduit for this content.
By posting any User Content, you grant Be Athletic a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, edit, translate, distribute, publicly perform, publicly display, and make derivative works of your content. This includes using your name, voice, and/or likeness as part of your User Content, in any form, media, or technology, for use in connection with the Service.
You also grant each user of the Service a non-exclusive license to access and use your User Content through the Services, subject to this Agreement.
Be Athletic may transmit or distribute your content over various networks and may modify it to conform to technical requirements. You understand and agree to these actions.
You are responsible for any contributions you make to online forums or discussions. By submitting such content, you confirm that you own or have the rights to display it, and""that it will not violate the rights of others. You also grant Be Athletic a perpetual, irrevocable, royalty-free license to use your contributions for business purposes.
You confirm that you have the necessary rights, power, and authority to grant the above licenses.
INDEMNITY AND LIMITATION OF LIABILITY
You agree to defend, indemnify and hold harmless Be Athletic Ventures LLP, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service and Website/Marketplace; (ii) your violation of any term of this Agreement; (iii) your violation of any third-party right, including without limitation, any copyright, property, or privacy right; or (iv) any claim that your User Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Service and Website/Marketplace.
The material displayed on our Website or Marketplace is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, our Subsidiaries and Affiliates and third parties connected to us hereby expressly exclude:
● Conditions, warranties, and other terms, which might otherwise be implied by statute, common law or the law of equity;
● Any liability for any direct, indirect, or consequential loss or damage incurred by any user in connection with the Services, our Website/Marketplace or in connection with the use, inability to use, or results of the use of the Services or our Website/Marketplace, any websites linked to it, and any materials posted on it, including, without limitation any liability for:
○ loss of income or revenue;
○ loss of business;
○ loss of profits or contracts;
○ loss of anticipated savings;
○ loss of data;
○ loss of goodwill;
○ wasted management or office time; and
○ for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable or advised of the possibility of the same.
Our liability to you shall under all circumstances be limited to a maximum of the amount paid by you (if any) at the time of registration on our Website to use the Services and/or the purchase price paid by you for Products in the Marketplace.
OFFENSES
You must not misuse our Website/Marketplace by knowingly introducing viruses, Trojans, worms, logic bombs, time bombs, cancel bots, spyware, or other material, computer programming routines, codes, files, or such other programs which are malicious or technologically harmful, or limit the interests of rights of other users or limit the functionality of any computer software, hardware or telecommunications. You must not attempt to gain unauthorized access to our Website/Marketplace, the server on which our Website/Marketplace is stored, or any server, computer or database connected to our site. You must not attack our Website/Marketplace via a denial-of-service attack or a distributed denial-of-service attack.
By breaching this provision, you would commit a criminal offense under the Information Technology Act, 2000 (and any amendments). We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website/Marketplace will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website/Marketplace or to your downloading of any material posted on it, or on any Website/Marketplace linked to it.
LINKING TO THE WEBSITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you.""Our Website/Marketplace must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The Website/Marketplace from which you are linking must comply in all respects with the content standards set out in these terms and conditions.
These linked sites are under no way in control of Be Athletic Ventures LLP and we shall not be held responsible for the contents of any linked sites, including without limitation to any link contained in the linked site or any changes or updates to linked site. We shall not be held responsible for any transmission whatsoever received by you from any linked site. The Website/Marketplace provides links to you only as a convenience and the inclusion of any link does not imply endorsement by us or any association with its operators or owners. You are requested to verify the accuracy of all information on your own before relying on such information.
OWNERSHIP OF INTELLECTUAL PROPERTY INCLUDING TRADEMARKS/SERVICE MARKS
All right, title and interest in usage of the terms BeAthletic.fit, Be Athletic including but not limited to all texts, graphics, user interfaces, visual interfaces, computer code and any other information associated therewith are reserved by us.
All right, title, and interest in and to the Services (excluding your Content) are and will remain the exclusive property of Be Athletic Ventures LLP and its licensors. Any use of this Website/Marketplace or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of Be Athletic Ventures LLP.
Except as expressly provided in these terms of use, no part of Be Athletic and no content or marks, data, statistics, independent research conducted and posted by Be Athletic may be copied reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way including (“mirroring”) to any other computer, server, website, or other medium for publication or distribution of any for any commercial enterprise, without prior written consent.
By accepting the use of terms hereunder you agree that Be Athletic does not transfer/assign the title to the Website/Marketplace to you, and nothing in these terms and conditions shall imply or be deemed or construed to mean that any right, title and""interest (including but not limited to intellectual property rights) stands transferred/assigned to you by Be Athletic, we retain the full and complete right, title and interest to the Website/Marketplace, and all intellectual property, title and interest to the Website/Marketplace, and all intellectual rights therein. You may not redistribute, sell, de-compile, reverse engineer, dissemble, or otherwise reduce the Website/Marketplace in any manner which is contrary to this Agreement.
Any usage of Be Athletic’s contents, without the written authorization of Be Athletic, shall be considered a breach of this Agreement, and you shall be required to indemnify Be Athletic for all liability incurred in this regard.
GOVERNING LAW
The jurisdictional court of Karnataka shall have sole jurisdiction over any claim arising from, or related to, a visit to / use of the Website/Marketplace or the Services, although we retain the right to bring proceedings against you for breach of any of these terms and conditions in your country of residence, country of use or other relevant country.
The laws of India govern this Agreement and these terms and conditions of use of the Services.
Be Athletic accepts no liability whatsoever, direct or indirect, for noncompliance with the laws of any country other than that of India, the mere fact that Website/Marketplace can be accessed or used or any facility can be availed of in a country other than India will not imply that we accede to the laws of such country.
RELATIONSHIP BETWEEN THE WEBSITE AND LEGAL NAME
The website www.beathletic.fit and the associated platform Be Athletic, is registered and owned by Be Athletic Ventures LLP, and usage of this Website/Marketplace and affiliated links is subject to the Terms of Use and Privacy Policy.
