Terms & Conditions - The Titans Fitness
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Terms & Conditions

Effective as of: 3rd December 2019

Terms of Use

BEFORE USING ANY SERVICES, PLEASE READ CAREFULLY THE FOLLOWING TERMS OF USE. BY ACCESSING, BROWSING AND/OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL THE TERMS, CONDITIONS, CONSENTS AND DISCLOSURES SET FORTH IN THE TERMS OF USE AND THE APPLICABLE GUIDELINES SET FORTH ON THE WEBSITES FOR ANY MOBILE APPS YOU DOWNLOAD. IF YOU DO NOT AGREE TO THE TERMS OF USE AND THE APPLICABLE GUIDELINES, THEN PLEASE CEASE USING THE SERVICES IMMEDIATELY. IF YOU ARE ENTERING INTO THIS TERMS OF USE ON BEHALF OF A LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THE LEGAL ENTITY. “The titans fitness” website (the “Website”), all other products and services, including mobile application “FLEX” (the “Application”), and all content offered as part thereof, are collectively referred to herein as the “Services” and are offered to you by “Inifinityarcs Pvt. Ltd.” (“Company”, “we”, “us”, “our”). Subscribers, account holders, customers, users, and others who download, access, use, purchase and/or subscribe to the Services (“you”) agree to these terms and conditions (the “Terms of Use”). These Terms of Use govern your use of the Services and are a condition to your use of the Services. BY USING THE SERVICES, YOU AGREE THAT YOU ARE OF AT LEAST 18 YEARS OF AGE, OR USING THE SERVICES UNDER A PARENT OR GUARDIAN’S SUPERVISION, AND ARE LEGALLY ABLE TO ENTER INTO A CONTRACT. IF YOU ARE UNDER THE AGE OF 18, OR THE LEGAL AGE OF MAJORITY WHERE YOU RESIDE IF THAT JURISDICTION HAS AN OLDER AGE OF MAJORITY, THEN YOU AGREE TO REVIEW THIS TERMS OF USE WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT BOTH YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND AND AGREE TO THIS TERMS OF USE. YOU AGREE TO HAVE YOUR PARENT OR GUARDIAN REVIEW AND ACCEPT THIS TERMS OF USE ON YOUR BEHALF. IF YOU ARE A PARENT OR GUARDIAN AGREEING TO THIS TERMS OF USE FOR THE BENEFIT OF AN INDIVIDUAL UNDER THE AGE OF 18, THEN YOU AGREE TO AND ACCEPT FULL RESPONSIBILITY FOR THAT CHILD’S USE OF THE SERVICES, INCLUDING ALL FINANCIAL CHARGES AND LEGAL LIABILITY THAT HE OR SHE MAY INCUR.

For young people who have not yet reached this minimum age, the agreement and consent to data processing must either be declared by the user’s parent or guardian or done with the latter’s approval.

By using this site, you agree to the terms and conditions presented here. If you do not agree to these terms of use, you may not use this website. By using this site, you agree that you are of at least 18 years of age, or using this site under a parent or guardian’s supervision, and are legally able to enter into a contract.

Please note that we do reserve the right to change any of these terms of service at any time, without notice to you. That being said, we encourage you to check back here periodically to ensure that you remain informed on the specifics of these terms of service.

These Terms of Use include:

Your acknowledgment and agreement that you are healthy enough to perform strenuous exercise and follow a general nutrition plan and that you have consulted with a physician before using the Services (“Medical advice and Use of Services”).

Your agreement that Company has no liability regarding the Services (“Indemnification”).

Medical advice and Use of Services

You understand that our Services are intended for use only by individuals healthy enough to perform strenuous exercise and follow a general nutrition plan and, may not be suitable or recommended to all individuals, including but not limited to, pregnant women or people who suffer from an underlying medical condition or who have special dietary needs. Our Services may utilize the Physical Activity Readiness Questionnaire (PAR-Q) in assessing the safety of, or possible risks of, exercising for you based on your answers. This assessment requires that all information provided by you is true, complete and correct and further, requires that you not omit any relevant information regardless of whether we have asked about such information. Furthermore, in becoming a user of the Services, you affirm that a physician has specifically approved your use of the Services, or that all of the following statements are true:

no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician;

you have never felt chest pain when engaging in physical activity;

you have not experienced chest pain when not engaged in physical activity at any time within the past month;

you have never lost your balance because of dizziness and you have never lost consciousness;

you do not have a bone or joint problem that could be made worse by a change in your physical activity;

your physician is not currently prescribing drugs for your blood pressure or heart condition;

you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems;

you are not pregnant, breastfeeding or lactating;

you do not have a condition of high-cholesterol, diabetes, obesity or arthritis; or any other medical condition and

you do not know of any other reason you should not exercise or follow a general nutrition plan.

Before Using Our Services, You Should Consult Your Doctor Or Other Professional Healthcare Provider. The Use Of Any Information Or Programs Provided On The Services Is Solely At Your Own Risk. If You Think You May Have a Medical Emergency, Call Your Doctor Or 911 Immediately.

IF AT ANYTIME DURING YOUR EXERCISE WORKOUT YOU DO NOT FEEL WELL, MAKE SURE YOU STOP IMMEDIATELY AND SEEK MEDICAL ADVICE OF A MEDICAL PROFESSIONAL IF REQUIRED.

THE CONTENT AVAILABLE VIA THE SERVICES IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER THE COMPANY NOR ITS AFFILIATES OR USERS ARE ENGAGED IN RENDERING MEDICAL, COUNSELING, LEGAL, OR OTHER PROFESSIONAL SERVICES OR ADVICE. SUCH CONTENT IS INTENDED SOLELY AS A GENERAL EDUCATIONAL AID. IT IS NOT INTENDED AS MEDICAL OR HEALTHCARE ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE. OUR RECOMMENDED WORKOUT PLANS AND EXERCISES OR NUTRITION PLANS, EVEN IF THEY ARE TAILORED TO INDIVIDUAL USERS, SHOULD NOT BE MISCONSTRUED AS MEDICAL ADVICE, DIAGNOSES OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION AND BEFORE STARTING ANY NEW TREATMENT.

Neither the Company nor any of its trainers or Affiliates will be liable for any physical or mental injury or illness that may result, whether directly or indirectly, from any of our recommended workout plans or exercises or nutrition plans. While we may provide guidelines such as written descriptions, pictures, GIF or videos describing how to perform specific exercises or activities, you assume sole responsibility for performing those exercises or activities with proper form, as risk of injury or illness increases with improper form. We encourage you to seek multiple sources of information regarding how to perform each exercise correctly and to consider consulting with a qualified coach, instructor, personal trainer, or physical therapist, especially if you are new to any of the forms of training or activity you seek to perform.

Terms of use and/or services Modification

The Company reserves the right, in its sole discretion, to modify, discontinue or terminate the Services or to modify this Terms of Use at any time and without prior notice. If the Company amends this Terms of Use, it will update this posting on the Website and specify the effective date of the new version of the Terms of Use. Your continued use of the Services following the posting of a new version of the Terms of Use shall constitute your acceptance of any such amendments. Accordingly, you should check to see if a new version of the Terms of Use has been posted each time you use the Services. If the amended Terms of Use are not acceptable to you, your only recourse is to cease using the Services.

Your account

In order to use features of the Services provided, you may have to register and create an account with FLEX. You are responsible for maintaining the confidentiality of any passwords associated with your FLEX account, you agree to monitor all activity under the account and you assume full responsibility for all activities that occur under your account. The Company reserves the right to suspend or terminate your account at any time and shall incur no liability for such suspension or termination.

FLEX is free to download. However, features of FLEX are offered on a subscription basis for a fee. You will pay an App Store the applicable fees (and any related taxes) as they become due. To the maximum extent permitted by applicable laws, we may change subscription fees at any time. If you do not wish to pay the new fees, you can cancel the applicable subscription prior to the change going into effect. You authorize the App Stores to charge the applicable fees to the payment card that you submit.

By signing up for certain subscriptions, you agree that your subscription may be automatically renewed. Unless you cancel your subscription you authorize the App Stores to charge you for the renewal term. You must cancel your subscription in accordance with the cancellation procedures disclosed to you for the particular subscription. We will not refund fees that may have accrued to your account and will not prorate fees for a cancelled subscription. Subscriptions purchased via an App Store are subject to such App Store’s refund policies. This means we cannot grant refunds. You will have to contact an App Store support.

If you are unsure how to cancel a subscription, please visit the apple support website, google play help (or any other app stores support pages).

By accessing the Services using your Facebook credentials or any other third party services, you permit us to access certain information from your profile on Facebook or any other such third party services for use by the Services. You may be able to control the amount of information that is accessible to us by adjusting your account privacy settings on Facebook or any other such third party services. By using the Services, you are authorizing us to collect, store, retain, and use indefinitely, in accordance with our Privacy Policy, any and all information that you permitted Facebook or any other such third party services to provide to us.

Third party sites / links / ads

Your dealings with advertisers or other third parties found on or accessible through the Services are solely between you and such third party. These dealings include, but are not limited to, your participation in promotions, the payment for and delivery of items if any, and any terms, conditions, warranties, or representations associated with such dealings. Third party links are provided solely as a convenience to you and should not be construed as an endorsement by the Company of content, items, or services provided on such third-party sites. You shall access and use such third party sites, including the content, items, or services on those sites, solely at your own risk.

The Company does not make any representations or warranties with respect to any content or privacy practices, or otherwise with respect to such third parties or any items or services that may be obtained from such third parties, and you agree that the Company will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of links or ads of such third parties on the Services.

Indemnification

You agree to indemnify and hold harmless the Company, its directors, officers, employees, agents, and affiliates, from and against any and all liability, damages, losses, claims, expenses of any kind (including, without limitation, reasonable attorneys’ fees) directly or indirectly related to (1) your breach of the Terms of Use; (2) the User Content you submit, post, or transmit through the Services; or (3) your use of the Services.

Contact information

If you have any questions or concerns with respect to this Terms of Use or the Services, you may contact a representative of FLEX at reach@thetitansfitness.com