Terms & Conditions
Welcome to experience our Services available in our Health and Lifestyle app "Evolut Wellness" ( Application) and our website www.evolutwellness.com. Wish you a fit and healthy living!! By accessing and using this Application, you confirm that you have familiarised yourself with the terms and conditions governing your use of the Application and acknowledge that you accept such terms and conditions. This document is an electronic record and does not require any physical or digital signatures.
The Application may be built in within your device (Mobile, Tablet, etc) or integrated with an application or widget in your device or downloaded from a third-party application store.
Please carefully read these terms before downloading, subscribing to, accessing or using the "Evolut Wellness" application.
- a) "AFFILIATES" shall mean with respect to the Company, an entity that directly or indirectly controls, is controlled by or is under common control with company. "Control" for the purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interest of an entity.
- b) "COMPANY, US, OUR OR WE" shall mean ViMags Health & Lifestyle having its registered office at Flat no-209, Balaji Aparna Green Apartment, Opp. Golf view, Nanakramguda, Hyderabad - 500008, Telangana, India acting on behalf of itself and its Affiliates.
- c) "Evolut Wellness" App means the company’s proprietary Health & Lifestyle Application called "Evolut Wellness" and "Site" means the Company’s website www.evolutwellness.com which enables end-users to watch videos, avail services provided by the Company and/or third parties authorised by Company, buy products offered by Company and/or third parties authorised by the Company, read various articles and case studies on fitness and well-being including but not limited to advertisements, promotional offers and other marketing materials, post videos and pictures as permitted by the Company.
- d) YOU, Your, Yours or the End User shall refer to any person who uses the Application and Site and for whom the Terms and Conditions shall be applicable.
The Company may revise and update this Terms and Conditions at any time for any reason in its sole and absolute discretion, effective immediately on posting the same in the Application. The Terms and Conditions will indicate at the beginning (top of the page) the date on which the current Terms and Conditions was last revised and made effective. You are suggested to check the prevailing Terms and Conditions for any changes. The latest version of the Terms and Conditions shall be made available in the Application, which We recommend you to peruse before using our Application each time.
The Application is a Health & Lifestyle app and is available to users upon subscription on such terms at the sole discretion of the Company. The Application offers several services/features to its users and each service may require certain additional information to be provided by the User for effective use of such services/features. Some of those information could be a pre-requisite for availing the service/feature.
Being a Health & Lifestyle Application, the User may kindly note that results and benefits arising out of the services/features offered in the Application shall vary from one user to another depending on each user’s age, current lifestyle, medical history and physical condition. The User is urged to take appropriate advise from qualified Medical Practitioners based your health condition prior to availing the Services offered by us.
Disclaimer: The Company does not guarantee any specific result for the User. The User shall at their responsibility use our Services and the effectiveness of our recommendations shall depend on a lot of other factors such as your health and genetic profile, your use of our recommendations based on your health and physical conditions, lifestyle adjustments that you are willing to make, age and the level of commitment you show to the recommendations made.
Further, with respect to services relating to products or delivery or service provided by third parties, We do not take any responsibility for the same and We suggest you carefully read the specific terms and conditions applicable to each Service/ Feature as may be applicable and disclaimers provided therein and avail such Service/ Feature only upon being fully satisfied.
The Application may be built in within your device (Mobile, Tablet, etc) or integrated with an application or widget in your device or downloaded from a third-party application store.Please carefully read these terms before downloading, subscribing to, accessing or using the "Evolut Wellness" Application.
Access to the Application shall be provided upon your registration using an email account and password chosen by you in compliance to our standard policies. You are advised to keep your user id and password secure and the Company shall not be responsible in any manner for any consequences arising out of any misuse of your user id and password. Persons who are below 18 years of age are not permitted to avail our Services or purchase Products through our Application or at our site.
All data and information provided by you for the purpose of registration shall be true and accurate. In the event wherein the information disclosed by You is identified as inaccurate/false, We have all the rights to delete Your account and block your usage of Our Application. In order to use our Services, You must have appropriate device, software and data connections.
As long as you use our Services, it shall be deemed that you consent to downloading and installing updates to our Services, automatically.
As a part of registration process, we will be collecting your email id, name, gender and such other information for creating an account for you in our App.
You should be aware that information about your usage of Our Services and other information about you that relates to Our service and performance are automatically collected based on your usage and shall be used while offering our Services to you.
We adopt commercially acceptable means for protecting your Personal Information. However, it should be noted that no method of transmission over the internet, or method of electronic storage is 100% secure and reliable, and we cannot guarantee its absolute security.
These Terms apply to all users of our Application including those who view and access the Content posted by us in the App and/or site and such of those users who contribute their content in the Application and/or site and includes the text, software, scripts, graphics, photos, sounds and /or any video / audio-visual content as permitted by Us. This includes Your contributions to the message boards and chat.
II. Our Services and Sales:
1. Our Application allows you to avail services and/or buy products listed in the Application. Such Services and Products shall be offered to you either by Us or by any third party permitted by Us. The list of Services and Products presently available in the Application/ Website are provided below and the list shall be updated from time to time. We suggest you confirm the specific terms and features applicable for each Service or Sale before opting to avail any Service or buy any product
- a) Basic Membership Services
- b) Fitness Services
- c) Yoga Services
- d) Nutrition and diet consulting services: Evolut associated with a third party firm Qua nutrition, which is headed by a qualified and certified nutritionist Ryan Fernando. The team of Qua nutrition will be curating all the meal plans and also guide the user when they opt for personalised coaching. Please refer to the following links for more information on Qua nutrition.
- e) Diagnostic Services
- f) Sale of Food Products and Fitness Equipment
- g) Sale of Fitness Clothing, accessories and other Merchandise
- h) Payment Gateway Services
- i) Blogs on Health, Lifestyle, Fitness and Nutrition
- j) Recipe Videos
- k) Apparel/Clothing – Dryp (A subsidiary brand of Evolut)
2. In case any online classes are available under any Service, We shall exclusively determine the number of classes and duration of each class that you will be entitled to attend based on the membership that you have availed and you shall not dispute the same. Enrolment to a class and/or to a category of membership shall be on first come first serve basis and the Company retains exclusive right of admission to any membership or class. The Company’s decision in this regard shall be final and binding on you.
3. You can only book, access and attend classes / sessions at Your primary / home centre, chosen by You at the time of buying Your membership(s) / session(s), and access to other centres / outdoor centres / activities / formats shall not be permitted. Access to any additional classes, sessions from more than one centre shall be at the discretion of the Company and subject to such conditions as the Company may prescribe in this regard.
4. The charges for each of the Services and Products shall be mentioned in the Application and Site under the relevant sections pertaining to such Service or Sale. Such charges shall be as determined by the Company or respective Vendors, as the case may be. All such charges shall be exclusive of GST as applicable. It is suggested that you familiarize yourself with charges if any for the services and Products and accordingly avail or purchase such services and products respectively. You are required to pay the charges prescribed for each such service or product that you wish to use/purchase together with applicable taxes thereon. The charges of the services and products offered in the Application and site may be different from the charges applicable for such /similar services or products elsewhere. It will be presumed that you accept the charges mentioned in the application and site, the moment you opt for availing such service or purchasing such products. We do not undertake matching the best price for the Services offered or products sold in the Application and Site. You are aware that the third party vendor may be offering the Services or Products available through them in our Application and site at prices that are more economical in their own website or application or in any other application or website operate by any other party.
5. All the data in the Fitstat calorie counter is well researched by our R&D team. We give no guarantee on the accuracy for the Fitstat Calorie Counter.
6. You acknowledge that We are not responsible for the quality of the services and products offered by third party vendors. We shall however be evaluating the quality of services and products offered by such vendors and replace /remove them in case We are not satisfied with the quality of Services or Products offered.
7. Payment of charges to the services availed or products purchased shall be via the Payment Gateway services offered in the Application and site by a third party vendor identified by Us. All policies relating to payments, refunds, wrong debits, etc shall be as determined by such third party vendor in conjunction
8. The Services shall be additionally governed by specific terms and policies (payment terms, cancellation policy, refund policy, exchange policy, return policy, etc.) which we recommend you to familiarize before availing such Services.
9. You shall conform to various conditions stipulated by Us before using our Services and shall indemnify, defend and hold harmless the Company and/or any its Vendors, and its business partner(s) from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Us and/or Our Vendors and/or Our business partner(s) arising on account of any breach or nonperformance of conditions stipulated by Us for using our Services.
10. We hereby disclaim any guarantees of exactness as to the duration, type, satisfaction, result for the Services provided by Us and/or Vendor respectively, Further, We make no representation on the safety or appropriateness of the services or products offered in the Application and Site. You agree that the Services and Products offered herein, by their very nature can have different impact on different people and include certain inherent risks that cannot be eliminated regardless of the care taken to avoid injures and/or any kind of losses. You hereby assert that Your availing of such Services or option to purchase the products are voluntary and that You knowingly assume all such risks and hence hereby release Us and our Vendors of all liability arising out of such aforementioned risks;
11. Policies relating to product returns, replacement. Exchange, cancellation Delivery, price refund shall be provided under the FAQ sections available in the Application and Site. The Policy may vary from one service to another or from one product to another and the same may be confirmed at the time you opt to avail such service or purchase the product. Kindly go through the policies and FAQs carefully before availing the services or opting to purchase the products.
12. Multi-brand Products of diverse categories are offered for sale in the Application and Sites, which includes food items, clothing, accessories, merchandise etc, We hereby disclaim any guarantees of exactness as to the quality, performance, taste, finish, appearance, size, color etc., of the Diverse Products as ordered by you. You acknowledge that We shall not be responsible in case the products sold do not meet your requirement. You may directly take it up with the concerned vendor. We, however request you to kindly share your feedback to us at xxxxx@______.com which will enable us to evaluate the vendors service standards to our members and take corrective action appropriately as may be required.
13. All payments towards charges prescribed for the Services opted or the products purchased shall be paid online and in case any cash on delivery option is provided for any product, the same may be specifically confirmed. Where it is not explicitly mentioned that cash on delivery option is available, it shall be deemed that the payments can be made only online. Online payments can be made via credit cards, debit cards, net banking and /or such other options as specifically approved by the vendor providing the Payment Gateway Services. The Payment Gateway services shall be provided by the vendor as per their standard practice. All queries relating to the Payments made or you wish to make shall be provided by the service provider and We do not have any control over their operations.
14. In case you choose to avail the Diagnostic Service from Us, you can opt for having samples collected from your home. Collecting samples from home may or may not include additional cost. You are advised to have this confirmed and also check out for any other term that may be applicable for providing the “Home Sample Collection” facility to you before opting to have this facility. Upon availing the “Home Sample Collection” facility it shall be presumed that you are fully familiar with all the terms governing such facility and you have accepted to all such terms.
15. Cancellation or modification of Services: You are entitled to cancel any service that you may have opted for or modify the timings and duration that you wish to allot for availing such service in accordance to our policies as may be prevailing from time to time. When you opt to cancel or modify any of the Services booked, you shall be notified of the Company’s policy governing such cancellation or modification as prevalent at that point in time including charges if any for such cancellation or modification. Upon your specific acceptance to such policy you shall be permitted to modify or cancel the booking. There could be instances where you are not permitted to cancel or modify the services you opted for or cancel or modify the booking, in which case you shall be notified of the same and in such circumstances any payments made towards such service and booking shall stand forfeited.
16. Under extreme circumstances due to reasons beyond our Control, We may have to cancel or reschedule the services that you had booked and/or cancel the orders placed for the purchase of any product. You shall not hold us liable or responsible for any such cancellations for reasons beyond our control. Payments received from you towards such service or product shall be refunded as per our policy. In case of reschedule, a mutually acceptable alternate time shall be selected for scheduling the services to be provided.
17. As mentioned above, the Company shall not be held responsible for any deficiency in service or defect in products sold by third party vendors in this Application or Site. In case of any dissatisfaction with the Services provided or Products sold in the Application and Site whether by the Company or by the third party vendor, You shall first file a formal complaint with the customer service of the Company, prior to pursuing any other recourse. The complaints can be sent to email@example.com. The decision of the Company on the complaints shall be final and you agree to be bound by the same.
III. REWARDS AND REFERRAL PROGRAM
Evolut ("we," "us" the "Company") offers you the opportunity to earn rewards by referring friends to download our app Evolut. Your participation in the Evolut Referral Program can earn you rewards to use in conjunction with Evolut Services, and may also get you additional rewards. We reserve the right to terminate the Program at any time for any reason. The Program is administered by Evolut, which may outsource certain elements of administration to third parties (collectively "Administrator").
These terms ("Terms") apply to a user's participation in the Program. By participating in the Program, users agree to use the Program as outlined herein, and consistent with any other terms we may apply to the Program.
Companies and employees of Evolut Entities or their subsidiaries, affiliates or promotional agencies, including immediate family and household members, are not eligible.
How it Works
To participate, once you have created your Evolut account, follow the on-screen instructions to start referring. You will be provided a link which you can share with your friends and colleagues. Each referrer can share the link only to 4 friends or colleagues. If a user uses your personal link and signs up on the Evolut app, each of you will receive a reward ("Rewards") worth 200 points where 1 point=1 Rs, to use for designated Evolut products and services. There is a limit of 4 unique Rewards that a Referrer may receive, and Rewards may only be used for designated Evolut products and services and may never be redeemed for cash.
How Rewards Work
Users earn rewards in the following ways:
- a) Workout with our videos to earn upto 60 points per day
- b) Refer & Earn : 200 points for first 4 referrals per person for you and your friend after installing of the app by the referred person
- c) Orders placed on vendors: Reward Points are earned and credited to your rewards after delivery of the order and /or after period for return is over.
- d) Each product purchased has points which are detailed in the app accordingly. No reward points will be credited in case of item is returned.
Rewards in your Wallet are subject to verification and will generally be awarded within the same day of verification. Evolut Entities may withhold a Reward if it reasonably believes additional verification is required. Evolut may also withhold or invalidate any potential it deems fraudulent, suspect, or in violation of these Terms. If Evolut in its sole discretion believes awarding a reward or verifying and approving a transaction will impose liability on Evolut, its subsidiaries, affiliates or any of their respective officers, directors, employees, representatives and agents.
All Evolut Entities' decisions are final and binding, except where prohibited, including decisions as to whether a Qualified Referral, or Reward is valid, when and if to terminate the Program, and whether, if at all, to change the program. Any changes to the program will be sent via email to registered Referrer's and, except where prohibited, will become effective as of the date the email is sent. If a Referrer has referrals pending qualification at the time that updates are sent, those pending referrals shall be validated and Rewards given under the terms that were valid at the time the Referred Customer signed up for the Evolut app.
Use of Rewards
Rewards may only be used for qualified Evolut products and services, which can change at any time. They may not be traded and have no monetary value, and may not be redeemed for cash, or traded. Rewards are not transferable, salable, or auctionable. Each user can only redeem 10 % of their order value or up to Rs 500 from their wallet at one time subject to your rewards wallet. If the Program is terminated by Evolut, Referrers will have 6 months to use any Rewards before they are forfeited. If a Referrer's account is cancelled for any reason, unredeemed Rewards are forfeited immediately. If Referrer's account is suspended for any reason, upon resumption of account privileges.
Offers from various merchants : Gift Vouchers
- a) On purchasing any of our plans,, you can earn free gift vouchers from the vendors/merchants;
- b) You may also redeem these gift vouchers with your reward points. The conversion is fixed by Us and can be changed/variable by Evolut.
IV. Health Disclaimer
You are aware that Physical exercise, Fitness & well-being activities, lifestyle change recommendations in all of its forms, with or without the use of equipment that may be suggested in our Application and Site, may sometimes be a strenuous activity for you. Accordingly, you are urged and advised to seek the advice of a qualified medical practitioner before beginning and/or continuing any such physical exercise or fitness activity regimen, routine, program or using any suggested equipment, shown in any of the video clips provided by us in the Application and Site. We are not qualified to give you medical advice or diagnosis. All suggestions and comments relating to the use of equipment, poses, moves and instruction are not required to be performed by you.
By using the Service, you represent that you understand that physical exercise and fitness activities involves strenuous physical movement, and that such activity carries the risk of injury whether physical or mental. You understand that it is your responsibility to judge your physical and mental capabilities for such activities. It is your responsibility to ensure that by participating in classes, courses, programs, and activities from Us, you will not exceed your capability limits while performing such activity, and you will select the appropriate level of activity for your skills and abilities, as well as for any mental or physical conditions and/or limitations you have. You understand that, from time to time instructors may suggest physical adjustments or the use of equipment and it is your sole responsibility to determine if any such suggested adjustment or equipment is appropriate for your level of ability and physical and mental condition. You expressly waive and release any claim that you may have at any time for injury of any kind against Us, or any person or entity involved with Us, including without limitation its directors, principals, instructors, independent contractors, employees, agents, vendors and representatives.
V. Prohibited Conduct
You agree not to use the Service to post or otherwise transmit information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (individually and collectively, "Content") that:
- - interferes with or disrupts the Service;
- - is inaccurate or inappropriate for the purposes of the Service;
- - is offensive and/or promotes racism or gender biasl;
- - harasses or advocates harassment of another person;
- - contains nudity, violence, pornography, sexually explicit material or offensive subject matter;
- - violates any intellectual property or other proprietary right of any third party, including Content that promotes an illegal or unauthorized copy of another person’s copyrighted work
- - contains any material that is illegal, unlawful or otherwise prohibited
- - contains any virus or malware
Further You shall not :
(a) use any program, algorithm, or methodology, reverse engineer or use any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Service or in any way reproduce or circumvent the navigational structure or presentation of the Service to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Service,
(b) attempt to gain unauthorized access to any portion or feature of the Service or any other systems or networks connected to the Service or to Our server or to any of the services offered whether by the Company or by any third party.
(c) trace, or seek to trace any information on any other user of or visitor to the Service,
(d) publish your personal information in a public community and use only direct messaging when personal information must be shared.
(e) take screenshots from our Application or Site and post them anywhere without explicit consent from Us.
(f) use any device, software, or routine to interfere with the proper working of the Service or any transaction conducted on the Service, or with any other person’s use of the Service, or
(g) use the Service in an unlawful manner.
VI. Certification and Disclaimer of Affiliation with Accreditation Body
The Services offered by Us in the Application and Site do not make you eligible for certification by any governing or accreditation body to teach yoga and/ or prescribe health, nutrition or diet related advises and/or train others on physical exercises or fitness activities. We are not a member of any governing or accreditation body and therefore cannot guarantee that the services offered meets the standards developed by organizations governing such Services. You agree not to use Our name as a certification or accreditation body for purposes of training others. You expressly waive and release Us and our directors, principals, instructors, vendors, employees, agents, contractors, affiliates and representatives of any claim arising on account of and/or in connection with your teaching or training others in violation of the terms as provided herein.
VII. License to Your Content
By posting, displaying, publishing, transmitting, or otherwise making available (individually and collectively, “Posting“) any Content on or through the Application and Site, you hereby grant Us a non-exclusive, fully-paid, royalty-free, perpetual, irrevocable, worldwide license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, adapt, translate, create derivative works, publish, publicly perform, publicly display, store, reproduce, transmit, distribute, and otherwise make available such Content on and through the Service, in print, or in any other format or media now known or hereafter invented, without prior notification, compensation, or attribution to you, and without your consent. If you wish to remove any Content from the Service, your ability to do so may depend on the type of Content, the location and manner of Posting, and other factors. You may contact us to request the removal of certain Content you have Posted, but We have no obligation to remove any such Content, may choose whether or not to do so at Our sole discretion, and make no guarantee as to the complete deletion of any such Content and copies thereof. Notwithstanding the foregoing, a back-up or residual copy of any Content Posted by you may remain on our servers even after you cease to be our member or your membership is cancelled or terminated and We shall retain the rights to all such remaining copies. You represent and warrant that: (a) you own all right, title and interest in all Content posted by you on or through the Application and Site, or otherwise have the right to grant the license set forth in this section, and (b) the Posting of your Content on or through the Application and/or Site does not violate the privacy rights, publicity rights, copyrights, publishing, trademarks, patents, trade secrets, contract rights, confidentiality, or any other rights of any third party.
Takedown Notice Requests
If you believe that your work has been copied and is accessible on our Application and Site in a way that constitutes copyright infringement, you may notify us by providing the following information to firstname.lastname@example.org
- - A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- - Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- - Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- - Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
- - A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- - A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
VIII. Term and Termination
The terms contained herein shall be valid and binding till you continue to be a member in our Application and Website. You shall be entitled to cancel your membership for your own reasons by deactivating your account.
Termination of Account
If the Company determines in its sole discretion that you are violating any of the terms contained herein, the Company may: (1) notify you, and (2) use technical measures to block or restrict your access or use of the Appication and Site. In either case, you agree to immediately stop accessing or using in any way the Application and Site and your account shall thereafter be terminated. If the Company terminates your account due to your violations of the terms contained herein, then you will not be eligible for any credit, refund or discount or other consideration.
When you close or de-activate your account or if your account is otherwise terminated, we have the right, but not the obligation, to store your personal information, settings, saved and completed classes, and teachers you have followed. Unless we have exercised our right to terminate your account, you can re-activate your account at any time by contacting us.
1X. Disclaimer of Warranties
You agree that your use of the Application and Site shall be at your sole risk. The Service and the Material are provided “AS IS“ and without warranties of any kind, either express or implied. To the fullest extent permitted by law, We disclaim all warranties, express or implied, in connection with the Services offered and the Products made available for sale and your use of our Application and Site. We make no warranties or representations about the accuracy or completeness of Our Content or the content of any sites linked in the Application and on the Site and assume no liability or responsibility or any (I) errors, mistakes, or inaccuracies of content, (II) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Application and Site, (III) any unauthorized access to any personal information and/or financial information stored therein, (IV) any interruption or cessation of transmission to or from the Service, (V) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Service by any third party, and/or (VI) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Service.
X. Limitation on Liability
In no event shall Our Company, its officers, directors, employees, or agents, vendors be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (I) errors, mistakes, or inaccuracies of content, (II) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service, (III) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein, (IV) any interruption or cessation of transmission to or from the Service, (V) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the Service by any third party, and/or (VI) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Application and Site, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
You specifically acknowledge that We shall not be liable for Content posted by users or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
We reserve the right to remove any material posted on the Application and SIte that it determines in its sole discretion as violation of any law or right of any person, infringes the rights of any person, or is otherwise inappropriate for posting on the Service.
You agree to defend, indemnify and hold harmless the Company, its subsidiaries, affiliates, vendors, officers, directors, employees, consultants, representatives and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees and costs) arising from: (i) your use of and access to the Application and Site; (ii) your violation of any term contained herein; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right;. This indemnification obligation will survive the term of your membership and be binding even after your account is deactivated or terminated.
XII. Additional Terms
We may also require you to follow additional rules, guidelines or other conditions in order to participate in certain promotions or activities. These additional terms shall be treated as part of the terms herein and you agree to comply with them when you participate in those promotions, or otherwise engage in activities governed by such additional terms.
XIII. Modification and Discontinuation
We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Services and withdraw Products offered to you through the Application and site (or any portion thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Service or withdrawal of Products.
This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction.
XV. Binding Clauses
XV1. Waiver and Severability of Terms
The failure on the part of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
XVI1. Governing Law and Jurisdiction
The terms contained herein shall be governed by and be interpreted in accordance to the Laws of India and be subject to the appropriate Courts in Hyderabad.
XVII1. Ability to Accept Terms of Service
You affirm that you are at least eighteen (18) years of age, and are fully able and competent to enter into this Agreement, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
We reserve the right to amend the terms contained herein and the Privacy Piolicy and other documents forming part of agreement with you as mentioned herein at any time and without notice, and it is your responsibility to review the same for any changes. Your use of the Service following any such amendment will confirm your assent to and acceptance of its revised terms.