Terms and conditions

Last updated: 12/07/2021

Terms and conditions please read these (“Terms”, “Terms and Conditions”) carefully before using the https://www.fitpiq.com website (the “Service”) operated by Abs-solute Gym care consulting Pvt Ltd (Parent company for https://www.fitpiq.com). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms.

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. If you disagree with any part of the Terms and conditions then you may not access the Service.

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your age, height, weight & personal information like your email address and mobile number.

The Purchases section is for businesses that sell online (physical or digital). Some parts of the Service are billed on a subscription basis.

You will be billed in advance on a recurring payment that will be on a monthly basis/quarterly/half-yearly/yearly basis. The Subscription section is for our customers looking for weight loss, diet, or fitness-based services.

Our Service allows you to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material.

Links To Other Web Sites Our Service may contain links to third-party websites or services that are not owned or controlled by Abs-solute Gym care Consulting PVT Ltd (Parent company for https://www.fitpiq.com). Fitpiq has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

You further acknowledge and agree that Fitpiq 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 use of or reliance on any such content, goods, or services available on or through any such web sites or services.

We reserve the right, at our sole discretion, to modify or replace these terms and conditions at any time. If a revision is a material we will try to provide at least 30 days’ notice prior to any new Terms and conditions taking effect. What constitutes a material change will be determined at our sole discretion.

MEMBERSHIP/REGISTRATION FOR THE SERVICES of our Terms and conditions

Once you complete registration on the Website, you will be a member which:

allows you to access and post content on the Website/ App/Marketplace;

allows us to contact you, if necessary, in order to inform you of changes to the terms of use of the Website or describing new services that we enable on the Website/App;

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/ App subject to these terms and conditions;

Does not allow you to use email addresses displayed on the Website/ App for any purpose other than that specifically authorized by us.

By providing Fitpiq your email address/ phone number you consent to:

using your email address or mobile number to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail.

You may use your settings to opt-out of Service-related communications vide email/mobile number or entirely.

Our using the phone numbers provided by you, to contact you from time to time, in order to provide you updates and advice relating to your progress on the App and the usage of our Services, and relating to any new promotions and sales opportunities on the App.

We use your email address, home address, phone number, and other ancillary information to fulfill the orders placed by you on the Marketplace; and

We use 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 messages, you may opt out by sending us an email at: support@fitpiq.com. Opting out may prevent you from receiving email messages or phone messages regarding updates, improvements, or offers.

GRANT OF LICENSE

Subject to these terms and conditions of use, Fitpiq grants you a non-transferable, non-exclusive, non-sublicensable limited right and license for you to access and use the Services solely for the purpose permitted, including but not limited to storing or otherwise using or sharing your documents, files, schedules, minutes or other data.

Restrictions on Content
1. Your contribution must not:
  1. belong to another person and contain any information that you do not have any right to;
  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, ethnically;
  4. Otherwise objectionable or inflammatory, disparaging, relating or encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever;
  5. 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, notified vide Notification G.S.R 313(E) issued by the Ministry of Communications and Information Technology or other applicable laws containing offenses relating to content that is publicly accessible;
  6. Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  7. Disclose the name, address, telephone, mobile or fax number, e-mail address or any other personal data in respect of any individual;
  8. Be harmful to minors;
  9. Infringe any intellectual property including copyright, database right or trademark of any other person;
  10. Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
  11. Be likely to harass, upset, embarrass, alarm or annoy any other person;
  12. Impersonate any person, or misrepresent your identity or affiliation with any person;
  13. Advocate, promote, incite any third party to commit, or assist any unlawful or criminal act;
  14. Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducements to the commission, preparation or instigation of acts of terrorism;
  15. Be such that it is known by you to be false, inaccurate or misleading;
  16. Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  17. Be content for which you were compensated or granted any consideration by any third party;
  18. Contain any computer viruses, any code, worms or other potentially damaging or limiting the functionality of any computer programs or files.
  19. Threatens the unity, integrity, sovereignty of India, friendly relations with foreign states or public order or causes incitement to the commission of any cognizable offense or is insulting to another nation.
2. We hereby reserve the right to take down any content posted by you, which, in our sole discretion falls under the above restrictions.
DISCLAIMERS
1. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service or of vendors on the Marketplace, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser or vendor.
2. You agree that, save as set out herein, Fitpiq 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 or the vendors on the Services/the Marketplace.
3. Terms and conditions Services may provide, or third parties may provide, links to other web sites or resources.
4. Given that we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources.
5. You further acknowledge and agree that we 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 use of or reliance on any such content, goods or services available on or through any such site or resource.
6. You agree that your use of the Website/App/Marketplace and the Services shall be at your sole risk. You expressly understand and agree that, to the maximum extent permitted by applicable law, the Website/App/Marketplace and the Services are provided on an “as is” and “as available” basis for your use, without warranties of any kind, express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising from course of dealing or usage of trade.
7. Fitpiq shall use all reasonable endeavors to ensure that the Services are uninterrupted but it does not guarantee or warrant that: (i) the Services will meet your specific requirements; (ii) the Services will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the Services will be accurate or reliable; and (iv) the quality of any Products, services, information, or other material purchased or obtained by you through the Services will meet your expectations; and (v) any errors in the Services will be corrected.
1. If you are older than 35 (thirty five) years of age, or if you have not been physically active for more than 1 (one) year, or if you have any medical history that may put you at risk, including, without limitation, one or more the following Terms and conditions, you are required to seek approval from a qualified health care practitioner prior to using the Services:
  1. heart disease;
  2. high blood pressure;
  3. family history of high blood pressure or heart disease;
  4. chest pain caused by previous exercise;
  5. dizziness or loss of consciousness caused by previous exercise;
  6. bone or joint problems;
  7. diabetes, high cholesterol, obesity; or
  8. arthritis.
2. You should discontinue exercise in cases where it causes pain or severe discomfort, and should consult a medical expert prior to returning to exercise in such cases.
3. We reserve the right to deny you access to the Services for any reason or no reason, including if we determine, in our sole discretion, that you have certain medical conditions.
4. The content of the Website/App/Marketplace, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute/substitute professional medical advice, diagnosis, treatment or recommendations of any kind.
5. You should always seek the advice of your qualified heath care professionals with any Questions or concerns you may have regarding your individual needs and any medical conditions.
6. You agree that you will not under any circumstances disregard any professional medical advice or delay in seeking such advice in reliance on any content provided on or through the Website/App/Marketplace. Reliance on any such content is solely at your own risk.
7. The content provided on or through this Website/ App regarding drug or dietary supplements or products for sale on the Marketplace have not been evaluated or approved by any regulatory authority including the Drug Controller of India.
8. All of the information on this website—https://www.fitpiq.com—is published for general information and educational purposes only. https://www.fitpiq.com does not make any guarantees about the completeness, reliability, and accuracy of the results.
9. This information is not intended to treat or cure any medical conditions, provide medical advice, or take the place of your physician’s advice. All viewers/readers of this site and content are advised to consult a qualified health professional regarding health questions and concerns.
10. Weight loss is a by-product of following a routine regularly and is dependent on many factors. Therefore, the results may vary from person to person. All viewers should consult their physicians before starting any lifestyle, supplement, or nutrition program.
CONTENT LICENSE FROM YOU
1. Some areas of the Services may allow Users to post news, feedback, comments, Questions, data, documents, pictures and other information (“User Content”). You are solely responsible for your User Content that you upload, publish, display, link to or otherwise make available (hereinafter, “Post”) on the Website/App/Marketplace, and you agree that.
2. We are only acting as a passive conduit for your online distribution and publication of your User Content. Fitpiq will not review, distribute, or reference any such User Content except as provided herein or in our Privacy Policy or as may be required by law.
3. By Posting any User Content on the Website/App/Marketplace, you expressly grant, and you represent and warrant that you have a right to grant, to www.fitpiq.com a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.
4. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Services, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Website/App/Marketplace and under this Agreement.
5. You understand that www.fitpiq.com, in performing the required technical steps to provide the Services to our users, may: (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media.
6. You agree that this license shall permit www.fitpiq.com to take these actions.
7. You are solely responsible for your contributions to any online forum www.fitpiq.com may offer through or as part of the Services (“Community Participation”), such as and without limitation, responses to blog postings, bulletin board postings, and other contributions to online discussions.
8. By submitting to Community Participation you: (a) represent to www.fitpiq.com, in each instance, that you either own or have the right to display or transmit each and every element of your Community Participation, and that your submission will not violate the legal rights or interests of any person or entity; and (b) grant to www.fitpiq.com a perpetual, irrevocable, royalty free license to use your Community Participation, in each instance, as a whole or in any part, for any business purpose, including without limitation, promotional, marketing and training purposes.
9. You confirm and warrant to www.fitpiq.com that you have all the rights, power and authority necessary to grant the above license.
BILLING AND PAYMENT
1. Certain aspects of the Services may be provided for a fee or other charge. If you elect to use paid aspects of the Services, you agree to the terms of sale, pricing, payment and billing policies applicable to such fees and charges. Fitpiq may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion.
2. It is your responsibility to promptly provide www.fitpiq.com with any contact or billing information changes or updates (including phone number, email address, credit card numbers, etc.). Fitpiq does not validate all credit card information required by the Customer’s payment provider to secure payment.
3. Should you choose to upgrade any of the Services provided, through website purchases, payment will be charged to your credit/debit card and net banking through website Billing Account at confirmation of purchase. Subscription renews automatically unless canceled at least 24 (twenty four) hours prior to the end of the subscription period.
4. You must notify Fitpiq about any billing problems or discrepancies within 30 (thirty) days after charges first appear on their account statement. If it is not brought to Fitpiq’s attention within 30 (thirty) days, You agree to waive your right to dispute such problems or discrepancies.
5. In respect of purchases made on the Marketplace, you hereby acknowledge and agree that no refund requests will be entertained in any manner whatsoever and no refunds will be initiated therefor.
INDEMNITY AND LIMITATION OF LIABILITY
1. You agree to defend, indemnify and hold harmless Fitpiq, 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/ App/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/App/Marketplace.
2. The material displayed on our Website or App/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:
  1. conditions, warranties and other terms, which might otherwise be implied by statute, common law or the law of equity;
  2. Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Services, our Website/ App/Marketplace or in connection with the use, inability to use, or results of the use of the Services or our Website/ App/Marketplace, any websites linked to it and any materials posted on it, including, without limitation any liability for:
    1. loss of income or revenue;
    2. loss of business;
    3. loss of profits or contracts;
    4. loss of anticipated savings;
    5. loss of data;
    6. loss of goodwill;
    7. wasted management or office time; and
    8. 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.
3. 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/ App to use the Services and/or the purchase price paid by you for Products in the Marketplace.
OFFENCES
1. You must not misuse our Website/App/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/ App/Marketplace, the server on which our Website/ App/Marketplace is stored or any server, computer or database connected to our site. You must not attack our Website/ App/Marketplace via a denial-of-service attack or a distributed denial-of service attack.
2. By breaching this provision, you would commit a criminal offence under the Information Technology Act, 2000 (and any amendments). We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website/ App/Marketplace will cease immediately.
3. 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/ App/Marketplace or to your downloading of any material posted on it, or on any Website/App/Marketplace linked to it.
LINKING TO THE WEBSITE
1. 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.
2. Our Website/ App/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/App/Marketplace from which you are linking must comply in all respects with the content standards set out in these terms and conditions.
3. These linked sites are under no way in control of Fitpiq.com 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/ App 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.
4. If you wish to make any use of material on our Website/ App other than that set out above, please address your request to support@fitpiq.com.
GOVERNING LAW
1. The jurisdictional court of Haryana shall have sole jurisdiction over any claim arising from, or related to, a visit to / use of the Website/ App/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.
2. www.fitpiq.com 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/ App/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.

FAQ on how customers can protect themselves shopping online.

Question: Is it necessary to have an account to purchase products from Fitpiq?

You can avail of the services of Fitpiq through a simple registration process. The details provided during registration are protected under our Privacy Policy. We recommend that you go through the terms and conditions of our privacy policy at the time of registration.

Question: How do I pay?

Fitpiq offers you multiple payment methods, through trusted payment gateway partners. Our payment gateway partners use secure encryption technology to keep your transaction details confidential at all times.

You may use cash to make your purchase. Fitpiq also accepts payments made using Visa, MasterCard, Maestro, and American Express credit/debit cards in India.

Question: Are there any hidden charges (Octroi or Sales Tax) when I make a payment?

There are no hidden charges when you make payments on Fitpiq.com. The prices listed for all the services are final and all-inclusive. The price you see on the webpage is exactly what you pay.

Question: How do I pay using a credit/debit card?

We accept payments made by credit/debit cards issued in India.

Credit cards.

We accept payments made using Visa, Master, and American Express credit cards. To pay using your credit card, you will need your card number, expiry date, three-digit CVV number (found on the backside of your card). After entering these details, you will be redirected to the bank’s page for entering the online 3D Secure password.

Debit cards

We accept payments made using Visa, Master, and American Express debit cards. To pay using your debit card at checkout, you will need your card number, expiry date (optional for Maestro cards), three-digit CVV number (optional for Maestro cards). You will then be redirected to your bank’s secure page for entering your online password (issued by your bank) to complete the payment.

Question: Is it safe to use my credit/debit card on www.fitpiq.com

Your online transaction is secure with the highest levels of transaction security currently available on the Internet. www.fitpiq.com uses encryption technology to protect your card information while securely transmitting it to the respective banks for payment processing.

All credit card and debit card payments on www.fitpiq.com are processed through secure and trusted payment gateways managed by leading banks. Banks now use the 3D Secure password service for online transactions, providing an additional layer of security through identity verification.

Question: What steps does Fitpiq.com take to prevent card fraud?

Fitpiq.com realizes the importance of strong fraud detection and resolution capability. We and our online payments partners monitor transactions continuously for suspicious activity and flag potentially fraudulent transactions for manual verification by our team.

In the extremely rare instances when our team is unable to rule out the possibility of fraud categorically, the transaction is kept on hold, and the customer is requested to provide identity documents. The ID documents help us ensure that the payment is being made by a genuine cardholder. We apologize for any inconvenience that may be caused to customers and requests them to bear with us in the larger interest of ensuring a safe and secure environment for online transactions.

We urge our customers to diligently protect against any fraudulent use of their cards. www.fitpiq.com would not be held responsible for any unauthorized usage of your cards.

Question: Can I use my bank’s Internet Banking feature to make a payment?

Yes. fitpiq.com offers you the convenience of using your bank’s Internet Banking service to make a payment towards your order. With this you can directly transfer funds from your bank account while conducting a highly secure transaction.

REFUND POLICY
1. You may cancel your Member Account at any time within 7 (seven) days from the date of subscription of the Fitpiq’s Programs. In the event that you cancel your Member Account or the same is suspended or terminated by Fitpiq within the aforesaid period, we shall refund any license or subscription fees as below:
  1. Refund request in first 7 days – 100% (One hundred percent) refund of any license or subscription fees;
2. Please note that the above charges will be adjusted after deducting a processing fee of Rs.1000/-(Rupees One Thousand only) for India or $20 (United States Dollars twenty) for locations outside India (including Taxes and bank charges, if any). The refund shall be processed in the manner/mode which is used to subscribe to the Fitpiq’s recommended plans within 30 (thirty) days from the date of cancellation.
3. For the avoidance of doubt, it is hereby clarified that there shall be no refunds or cancellations entertained or initiated in respect of Product purchases made by Users on the Marketplace (as defined in the terms of use).
FREEZING POLICY
1. In case of Nutri-Lab Get Fit Programs the freezing policy is applicable as follows:
  - a) There are no freezing days applied in 1-month programs
  - b) Freezing can be applied for maximum upto 3 weeks availed only once within the period of 3 months, for 6 weeks once within the period of 6 months and maximum upto 8 weeks within the period of 12 months from the date of enrolment. The same can only be availed in advance option and not during the program expiry.

PRIVACY POLICY

This privacy policy (“Policy”) was last changed on January 05, 2019. We may occasionally make changes to the Policy. If we do, we shall notify you either by sending you an e-mail or sending you a notification through our website. Please make sure to read such notices carefully.

We hold the sincere belief that you should always know what data we collect from you, the purposes for which such data is used and that you should have the ability to make informed decisions about what data you want to share with us.

This is why we want to be fully transparent about: (i) how and why we collect, store, share and use your personal data through the various capacities in which you interact with us; and (ii) the rights that you have to determine the parameters of this interaction.

While we would strongly advise you to read the policy in full, the following summary will give you a snapshot of the salient points covered herein:

This Policy details the critical aspects governing your personal data relationship with ‘www.fitpiq.com’ which is owned and operated by Abs-solute Gymcare Consulting Private Limited, a company incorporated under the laws of India, Your personal data relationship with www.fitpiq.com varies based on the capacity in which you interact with us/avail of our products and services (“Services”). You could be: (i) a visitor to https://www.fitpiq.com (“Website”) or any pages thereof (“Visitor”); or (ii) a person who has an account with www.fitpiq.com to avail our Services (“Registered User”);
Based on whether you are a Visitor or Registered User, the type of data we collect and the purpose for which we use it will differ and this Policy details such variations;
This Policy applies to all the Services provided by Fitpiq’s team through the Website, App or any other associated website of www.fitpiq.com;
This Policy is a part of and should be read in conjunction with our Terms of Service; and
This Policy will clarify the rights available to you vis-à-vis the personal data you share with us.

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