Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of this Terms and Conditions:
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to LIV EZY ONLINE FITNESS PRIVATE LIMITED with its office located at 987, 6th cross S T Bed, Koramangala, Bengaluru 560034.
- Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
- Country refers to: India
- Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
- Service refers to the Website.
- Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Service.
- Website refers to Liv Ezy, accessible from https://www.livezy.com/.
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Terms and Conditions
By subscribing to the online training program or by purchasing any products from us, you agree to be bound by these terms and conditions;
The online training program also gives access to purchase e-books, online video courses, tailored fitness programs, diet plans, individually tailored personal plans etc. and by using/purchasing such services, you agree to be bound by these terms and conditions;
- You agree that the fee payable by you for the services/purchases will be communicated to you by us, prior to the commencement of the training program/any purchases/sign-ups made by you.
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License: On any services/purchases, we will grant to you, for your own personal use only, a limited, non-exclusive, non-transferable license to access:
- Online training program.
- Videos on stream only basis.
- Download e-books.
- Download personalized fitness plans;
You agree that that you are not permitted to share any of the content licensed under these terms with any other individuals and except for the foregoing limited license, no right, title or interest shall be transferred to you.
- You agree that we will not be responsible or liable for any personal injury caused to you while using our services/products/ live-workouts etc.
- You agree that our employees, agents or representatives are not medical professionals and we don’t engage in providing any medical opinions or medical advice.
- You agree to consult and seek professional medical advice before availing any services/purchases from us.
- You agree that all the exercise programs, even in healthy individuals carries certain risks and you shall take due care and exercise at your own free will before acting upon any of the content provided by us.
- You also agree that all information for the nutrition/fitness programs may not be accurate in terms of nutritional values which includes calories, micro-nutrients and macro-nutrients and you will not hold us responsible for any personal injury or injury as such caused as a result of such information.
- You agree to not regard all information provided by us as a comprehensive health/exercise program and make any judgments or opinions based on information available to you or out of your own free will.
- You agree that all the services/purchases have been provided to you based out of the information given by you. It is your responsibility to inform us about any health/medical conditions to be taken into consideration before preparation of any training program, diet plans etc. and other services offered by us.
- You agree that the information set out in our services/products may relate to certain contexts and may not be suitable to other contexts. It is your responsibility to ensure that you refrain from using any information provided by us in a wrong context.
- You agree that any of the information provided in our services/products will not be applicable to pregnant women and special population. It is your responsibility to intimate us to prepare a special plan in cases of pregnant women and special population.
- You also agree that any information provided that does not form a part of personal training programs, whether obtained through our website, e-books, video courses, social media (Facebook, Instagram, Twitter etc.) or otherwise, is provided for the purposes of general information only and shall not be regarded as a part of the services/products provided.
- You also agree that before availing our services/products, you have taken into account all other factors that are not mentioned above that you are or ought to be aware of.
- You also agree that our program may not achieve the desired results in some circumstances as to the effectiveness of any techniques, diets or programs etc, and in such circumstances we provide no warranties of any kind, express or implied.
- You agree that if you are a minor, No-Objection Certificate (“NOC”) should be issued by your parents/guardian giving consent for using the programs provided by Liv Ezy. All the clauses mentioned in this agreement will be applicable to the minor in entirety and if any part of this agreement is held unenforceable, the remaining will continue with full force and effect.
- You agree that it is your responsibility to send in daily meal and weight updates and weekly physique updates to us. We will follow up in a periodic and systematic manner, but will not be held liable for any failure on your part to provide the daily meal and weight updates and weekly physique updates.
- You also agree that you may change your head-coach if you are not satisfied with the training of the previous coach but cannot claim any refund whatsoever.
- You agree and have no objection to give access/use your before and after photographs and transformation pictures on our website, social media handles (Facebook, Twitter, Instagram etc.) etc. as a part of our client transformation portfolio.
- You also agree that it is your duty to keep your camera on during live workouts so that the coach can monitor your movements correctly.
- You also agree that it is your duty to inform and cancel your live workout session if you don’t wish to attend so that others may avail a slot to attend the session.
Eligibility
You must be at least at the age of 18 years to enroll with a coach on the Platform. If you are below the age of 18 (“minor”), you may use our services only with the supervision and consent of a parent or guardian. No individual under these age limits may use our services, provide any personal data to Liv Ezy, or otherwise submit personal data through the Services (e.g., a name, address, telephone number, or email address).
As a minor if You wish to use our products or Services, such use shall be made available to You by Your legal guardian or parents, who has agreed to these terms of the agreement. In the event a minor utilizes the application/website/services, it is assumed that he/she has obtained the consent of the legal guardian or parents and such use is made available by the legal guardian or parents. The Company will not be responsible for any consequence that arises as a result of misuse of any kind of our website or any of our products or services that may occur by virtue of any person including a minor registering for the Services/products provided. By using the products or services You warrant that all the data provided by You is accurate and complete and that the Minor using the Website has obtained the consent of parent/legal guardian (in case of minors). The Company reserves the right to terminate Your account and / or refuse to provide You with access to the products or Services if it is discovered that You are under the age of 18 (eighteen) years and the consent to use the products or Services is not made by Your parent/legal guardian or any information provided by You is inaccurate. You acknowledge that the Company does not have the responsibility to ensure that You conform to the aforesaid eligibility criteria. It shall be Your sole responsibility to ensure that You meet the required qualification. Any persons under the age of 18 (eighteen) should seek the consent of their parents/legal guardians before providing any Information about themselves or their parents and other family members on the Website.
Intellectual Property
- By providing any content for distribution (such as before and after photographs) you expressly grant us a worldwide, royalty-free, perpetual, irrevocable license to use, copy, store, perform, display and distribute such content.
- You agree and grant Liv Ezy a worldwide, royalty-free, perpetual, irrevocable license to use, copy, store, perform, display and distribute any pictures that you share with Liv Ezy, including but not limited to pictures of your body showing the day to day progress that you have made. These pictures include but are not limited to “before” and “after” pictures. “Before” here refers to pictures of your body prior to using the services of Liv Ezy. “After” here refers to pictures of your body during the course of using the services of Liv Ezy and upon completion of using the services of Ral Fitness. You have no-objection to Liv Ezy using your pictures or any other content that you have shared for the purpose of marketing and business-development of Liv Ezy.
- The format and content our Training Programs and Products are protected by The Indian Copyright Act, 1957 and we reserve all rights in relation to our copyright whether owned or licensed to us and all rights are reserved to any of our registered and unregistered trademarks (whether owned or licensed to us) which appear on any of our Training Programs or Products.
- The content of any of our Training Programs or Products may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not systematically extract and/or re-utilise parts of the contents of the Training Programs or Products without our express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of the Training Programs or Products without our express written consent.
No Refund Policy
Once paid, registration fees for the membership and other plans are non-refundable. If a registrant desires to transfer his or her training, the registration is transferable to any individual, its affiliates, subsidiaries or successors so long as registrant provides us with a minimum transferable fee within thirty (30) days written or electronic (emailed) notice of the desire to transfer the registration.
In order to exercise Your right of transfer, You must inform Us of your decision by means of a clear statement. You can inform us of your decision by:
- By email: support@livezy.com
Pause Policy
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If a registrant/ client desires to pause his/her training for a short period of time, he/she may do so subject to conditions by giving a notice via email to support@livezy.com, twenty-four (24) hours prior to the commencement of the training and the total number of pause days available for each membership plan are as follows:
- If the registrant/ client is subscribed to a three-month membership plan, then the total number of pause days available is seventeen (17) days only.
- If the registrant/ client is subscribed to a six-month membership plan, then the total number of pause days available is twenty-seven (27) days only.
- If the registrant/ client is subscribed to a twelve-month membership plan, then the total number of pause days available is fifty-two (52) days only.
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If the registrant/ client is subscribed to online live sessions, then the total number of pause days available for:
- One month is three days.
- Three months is ten days.
- You may pause your membership any number of times within the above-mentioned time limit but the minimum pause period at a single stretch is three (3) days and the maximum pause period at a single stretch is seven (7) days and the minimum number of days required to avail the next pause period should be at least fourteen (14) days after the precedent pause period.
- If there is any cancellation of the pause period within three days, Liv Ezy reserves the right to deduct the total minimum of pause days (i.e. three (3) days).
Links to Other Websites
Our Service may contain links to third party websites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
Termination
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Upon termination, Your right to use the Service will cease immediately.
Indemnity
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: your contributions; use of the website/mobile application; breach of these Terms and Conditions; any breach of your representations and warranties set forth in these Terms and Conditions; your violation of the rights of a third party, including but not limited to intellectual property rights; or any overt harmful act toward any other user of the website/mobile application with whom you connected via the website/mobile application. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding, which is subject to this indemnification upon becoming aware of it.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on
behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Other Disclaimer
You are solely responsible for creating and implementing your own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the use of the Services and Your interactions with the Coach. As such, You agree that the Coach is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any services provided by the Coach. You understand coaching is not therapy and does not substitute for therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease.
You acknowledge that coaching does not involve the diagnosis or treatment of mental disorders as defined by the Indian Psychiatric Society Association and that coaching is not to be used as a substitute for counseling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, medical or other qualified professionals and that it is the Your exclusive responsibility to seek such independent professional guidance as needed.
If You are currently under the care of a mental health professional, it is recommended that You promptly inform the mental health care provider of the nature and extent of the coaching relationship agreed upon by You and the Coach.
You understand that in order to enhance the coaching relationship, You agree to communicate honestly, be open to feedback and assistance and create the time and energy to participate fully in the program.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to applicable laws of Bangalore, India.
Disputes Resolution
If any dispute, controversy or claim arises under this Agreement or in relation to any Service or the Liv Ezy Platform, including any question regarding the existence, validity or termination of this Agreement (hereinafter Dispute), the parties shall use all reasonable endeavors to resolve such Dispute amicably. If the parties are unable to resolve the Dispute amicably within 30 days of the notice of such Dispute, Liv Ezy may elect to resolve any Dispute by a binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996 (hereinafter Act).
Such Dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The Dispute shall be resolved by a sole arbitrator, appointed in accordance with the Act. The seat of the arbitration shall be Bangalore and the language of this arbitration shall be English. Either You or Liv Ezy may seek any interim or preliminary relief from a court of competent jurisdiction in Bangalore necessary to protect the rights or the property belonging to You or Liv Ezy (or any of our agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither You nor Liv Ezy may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcing the arbitration award. All administrative fees and expenses of arbitration will be divided equally between You and Liv Ezy. In all arbitrations, each party will bear the expense of its own lawyers and preparation. This paragraph shall survive the termination of this Agreement.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually.
To the full extent permitted by law,
- No arbitration shall be joined with any other proceeding;
- There is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and
- There is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration:
- Any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party;
- Any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and
- Any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
GST will be added to the price of purchases as deemed required by us and in consonance with the applicable laws in force at the time of transaction. We may change prices at any time. All payments shall be in Indian National Rupees.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Corrections
There may be information on the website/mobile application that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the website/mobile application at any time, without prior notice.
Contact Us
If you have any questions about this Privacy Policy, You can contact us:
- By email: support@livezy.com
