This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
1. “Users” shall mean any Person who or which uses the Services, including Buyers and Persons who or which access the Website or any Content displayed thereof by providing Registration Data while registering on the Website as Registered User using the computer systems.
2. “Buyers” shall mean You or Users who or which use Services to purchase fitness products and services through the Website.
3. “Person” shall mean any natural person, limited or unlimited liability company, corporation, partnership (whether limited or unlimited), proprietorship, Hindu undivided family, trust, union, association, government or any agency or political subdivision thereof or any other entity that may be treated as a person under applicable law.
5. “Sellers” shall mean individuals and organizations who or which display, market and sell their fitness products and services through the Website, but excludes ActiveU.
6. “Services” shall mean services provided by ActiveU, including provision of Website to Users, information about sellers, providing means to access them, sale of memberships and subscriptions and display, marketing and/or sale of fitness product and services by ActiveU through the Website and other services provided through the Website to promote fitness.
7. “Terms” shall mean these terms and conditions of use and service which form a part of the Agreement governing Users’ relationship inter se and with ActiveU.
8. “Website” shall mean the online platform www.activeu.co.in as provided by ActiveU to provide Services, including facilitating display, marketing and sale of fitness products and services and information fitness and healthy lifestyle. The term "We", "Us", "Our" shall mean ActiveU.
ActiveU allows the User to surf the Website or making purchases without registering on the Website. (Do we want to add this point with point 1?)
A User may accept this Agreement only when:
If you are a minor i.e. under the age of 18 years, you shall not register as a User of the ActiveU website and shall not transact on or use the website. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. ActiveU reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to ActiveU notice or if it is discovered that you are under the age of 18 years.
ActiveU keeps the information Confidential and secures ("Customer Information"). The information we collect may include your personal information, in other words information capable of identifying you as a particular individual, such as your name, phone number, email address, purchase preferences, credit / debit card information. We collect your information on the followings:-
We therefore make it our highest priority to ensure that we look after your information and use it responsibly. By using the service or by providing your information to us or our Partners, you accept and consent to the collection, storage and processing of your information.
ActiveU may use your personal information for
When you use the App/service through your mobile device, and only if you have consented thereto, we will use your geo-location information, on a real time basis only. We use this information to allow you to view the location facility around you. We may also use this real-time geo-location information to address user support, technical, or business issues that may arise in the course of your use of the App. Your mobile device informs you when geo-location is used by displaying the GPS arrow icon.
From time to time ActiveU will run promotional offers on its platforms in the form of vouchers and discounts that can be applied to user accounts. Promotions that are offered as valid for new customers only may not be applied to existing accounts or individuals who already have a ActiveU account, whether active or dormant. In all cases promotional vouchers cannot be transferred to other users. Vouchers may only be redeemed against the purchase of services on the ActiveU platforms and are not valid for use directly at the Facility Centre.
When You use the Website or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.
ActiveU does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its Users. You are advised to independently verify the bona fides of any particular User that You choose to deal with on the Website and use Your best judgment in that behalf.
At no time shall ActiveU hold any right, title or interest over the products nor shall ActiveU have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers. ActiveU is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the seller(s) that You transact with.
Description on any service(s) as is reflected on the Website may due to some technical issue, typographical error or product information published by seller may be incorrectly reflected and in such an event seller may cancel such your order(s).
You release and indemnify ActiveU and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, ActiveU cannot take responsibility or control the information provided by other Users which is made available on the Website. You may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website. Please note that there could be risks in dealing with underage persons or people acting under false pretense.
1. You shall not host, display, upload, modify, publish, transmit, update or share any information which:
(a) belongs to another person and to which You does not have any right to;
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, 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; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
(c) is misleading in any way;
(d) is patently offensive to the online community;
(e) harasses or advocates harassment of another person;
(f) involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
(g) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
(h) promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them;
(i) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
(j) provides instructional information about illegal activities such as violating someone's privacy, or providing or creating computer viruses;
(l) harm minors in any way;
(m) infringes upon or violates any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
(n) impersonate another person;
(o) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;
(p) shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers;
(r) Share ActiveU issued passwords with any third party or encourage any other user to do so;
(s) Permit third parties to use any classes booked under your own membership, including other members;
2. You shall not use any automatic device, link or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website by hacking, password "mining" or any other illegitimate means.
3. You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website.
4. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the terms ActiveU, or otherwise engage in any conduct or action that might tarnish the image or reputation, of ActiveU or sellers.
5. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
7. From time to time, You shall be responsible for providing information relating to the products or services proposed to be sold by You. In this connection, You undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such products or services so as to mislead other Users in any manner.
9. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
You use the platforms at your own risk. ActiveU expressly disclaims all representations and warranties about the accuracy, completeness, timeliness or efficacy of the content of the site or other platforms and assumes no liability or responsibility for any errors, mistakes, or inaccuracies in such content. You agree that your access to, and use of, the site and the content and services available through the platforms is on an "as-is", "as available" basis and ActiveU specifically disclaims any representations or warranties, express or implied, including, without limitation, any representations or warranties of merchantability, fitness for a particular purpose and non-infringement. ActiveU does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components. Nothing on Website constitutes, or is meant to constitute, advice of any kind. All the Products sold on Website are governed by different state laws and if Seller is unable to deliver such Products due to implications of different state laws, Seller will return or will give credit for the amount (if any) received in advance by Seller from the sale of such Product that could not be delivered to You. You will be required to enter a valid phone number while placing an order on the Website. By registering your phone number with us, you consent to be contacted by us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS.
You acknowledge and agree that ActiveU shall not be liable for any direct, indirect, incidental, special, consequential, exemplary or punitive damages, or any other damages whatsoever, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if ActiveU has been advised of the possibility of such damages), arising out of, or resulting from, (a) the use or the inability to use the platforms; (b) the use of any content or other material on the platforms or any websites linked to the platforms, (c) the cost of procurement of substitute goods and services resulting from any goods, data, information or site purchased or obtained or messages received or transactions entered into through or from the platforms; (d) unauthorized access to or alteration of your transmissions or data; (e) statements or conduct of any third party on the platforms; or (f) any other matter relating to the platforms. In no event shall ActiveU total liability to you for all damages, losses, and causes of action (whether in contract, tort [including, but not limited to, negligence], or otherwise) exceed the amount paid by you to ActiveU. If any portion of this limitation of liability is found to be invalid, liability is limited to the fullest extent permitted by law.
While availing any of the payment method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
•Lack of authorization for any transaction/s, or
• Exceeding the preset limit mutually agreed by You and between "Bank/s", or
• Any payment issues arising out of the transaction, or
• Decline of transaction for any other reason/s
All payments made against the purchases/services on Website by you shall be compulsorily in Indian Rupees acceptable in the Republic of India.
Before shipping / delivering your order to you, Seller may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to Our Users.
1. Transactions, Transaction Price and all commercial terms such as Delivery, Dispatch of products and/or services are as per principal to principal bipartite contractual obligations between Buyer and Seller and payment facility is merely used by the Buyer and Seller to facilitate the completion of the Transaction. Use of the payment facility shall not render ActiveU liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products and /or services listed on ActiveU Website.
3. You understand, accept and agree that the payment facility provided by ActiveU is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash On Delivery, collection and remittance facility for the Transactions on the ActiveU Website using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, ActiveU is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.
Payment Facility for Buyers:
• You, as a Buyer, understand that upon initiating a Transaction You are entering into a legally binding and enforceable contract with the Seller to purchase the products and /or services from the Seller using the Payment Facility, and You shall pay the Transaction Price through Your Issuing Bank to the Seller using Payment Facility.
You, as a Buyer, may agree with the Seller through electronic communication and electronic records and using the automated features as may be provided by Payment Facility on any extension / increase in the Dispatch and/or Delivery time and the Transaction shall stand amended to such extent. Any such extension / increase of Dispatch / Delivery time or subsequent novation / variation of the Transaction should be in compliance with Payment Facility Rules and Policies.
• You, as a Buyer, shall electronically notify Payment Facility using the appropriate ActiveU Website features immediately upon Delivery or non-delivery within the time period as provided in Policies. Non notification by You of Delivery or non-delivery within the time period specified in the Policies shall be construed as a deemed Delivery in respect of that Transaction. In case of Cash On Delivery transactions, Buyer is not required to confirm the receipt of products or services.
• You, as a Buyer, shall be entitled to claim a refund of the Transaction Price (as Your sole and exclusive remedy) in case You do not receive the Delivery within the time period agreed in the Transaction or within the time period as provided in the Policies, whichever is earlier. In case you do not raise a refund claim using Website features within the stipulated time than this would make You ineligible for a refund.
• You, as a Buyer, understand that the Payment Facility may not be available in full or in part for certain category of products and/or services and/or Transactions as mentioned in the Policies and hence You may not be entitled to a refund in respect of the Transactions for those products and /or services
• Except for Cash On Delivery transaction, refund, if any, shall be made at the same Issuing Bank from where Transaction Price was received.
• For Cash On Delivery transactions, refunds, if any, will be made via demand draft in favour of the Buyer (As per registration details provided by the Buyer)
• Refund shall be made in Indian Rupees only and shall be equivalent to the Transaction Price received in Indian Rupees.
• For electronics payments, refund shall be made through payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI).
• Refund shall be conditional and shall be with recourse available to ActiveU in case of any misuse by Buyer.
• Refund shall be subject to Buyer complying with Policies.
4. ActiveU reserves the right to impose limits on the number of Transactions or Transaction Price which ActiveU may receive from on an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process Transactions exceeding such limit.
5. ActiveU reserves the right to refuse to process Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with ActiveU or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
6. ActiveU may do such checks as it deems fit before approving the receipt of/Buyers commitment to pay (for Cash On Delivery transactions) Transaction Price from the Buyer for security or other reasons at the discretion of ActiveU. As a result of such check if ActiveU is not satisfied with the creditability of the Buyer or genuineness of the Transaction / Transaction Price, it will have the right to reject the receipt of / Buyers commitment to pay Transaction Price.
7. ActiveU may delay notifying the payment confirmation i.e. informing Seller to Dispatch, if ActiveU deems suspicious or for Buyers conducting high transaction volumes to ensure safety of the Transaction and Transaction Price. In addition, ActiveU may hold Transaction Price and ActiveU may not inform Seller to Dispatch or remit Transaction Price to law enforcement officials (instead of refunding the same to Buyer) at the request of law enforcement officials or in the event the Buyer is engaged in any form of illegal activity.
8. The Buyer and Seller acknowledge that ActiveU will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond control of ActiveU.
Compliance with Laws:
9. Buyer and Seller shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and ActiveU Website.
Buyer's arrangement with Issuing Bank:
10. All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.
11. All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.