The Website is made available by Pyrite Fitness Private Limited (hereinafter referred to as “The Company”or “we” or “us”). The following terms and conditions (the “Terms and Conditions”) govern use of this website or application, and any content made available from or through this website, including any subdomains thereof, or application (the “Website”). We may change the Terms and Conditions from time to WEBSITE, THE USER ACCEPTS AND AGREES TO THESE TERMS AND CONDITIONS AS APPLIED TO THE USE OFTHE WEBSITE. If The user does not agree to these Terms and Conditions, the user may not access or otherwise use the Website.
The content of the Website, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment or recommendations of any kind. The user should always seek the advice of qualified heath care professionals with any questions or concerns the user may have regarding the user individual needs and any medical conditions. None of the Company or its content or service providers recommend or endorse any specific tests, physicians, products, procedures, opinions or other information that may be included on the Website. Reliance on any information appearing on the Website, whether provided by the Company, its content providers, visitors to the Website or others, is solely at the user’s own risk.
As between The user and The Company , The Company owns, solely and exclusively, all rights, title and interest in and to the Website, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, text, software, titles, Shockwave files, etc.), code, data and materials thereon, the look and feel, design and organization of the Website, and the compilation of the content, code, data and materials on the Website, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. The user use of the Website does not grant to the user ownership of any content, code, data or materials the user may access on or through the Website.
The trademarks, logos, service marks and trade names (collectively the "Trademarks") displayed on the Website or on content available through the Website are registered and unregistered Trademarks of the Company and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders. All Trademarks not owned by the Company that appear on the Website or on or through the Website’s services, if any, are the property of their respective owners. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without the written permission of the Company or the third party that may own the applicable Trademark. The user misuse of the Trademarks displayed on the Website or on or through any of the Website’s services is strictly prohibited.
The user may access and view the content on the Website on the user’s computer or other device and, unless otherwise indicated in these Terms and Conditions or on the Website, make single copies or prints of the content on the Website for the users personal, internal use only. Use of the Website and the services offered on or through the Website, are only for the users personal, non-commercial use.
Any commercial or promotional distribution, publishing or exploitation of the Website, or any content, code, data or materials on the Website, is strictly prohibited unless the user have received the express prior written permission from authorized personnel of the Company or the otherwise applicable rights holder. Other than as expressly allowed herein, the user may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or available through the Website. The user further agrees that the user may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or available through the Website, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices. The user acknowledges that the user does not acquire any ownership rights by downloading any copyrighted material from or through the Website. If The user makes other use of the Website, or the content, code, data or materials thereon or available through the Website, except as otherwise provided above, the user may violate copyright and other applicable laws of India, as well as applicable state/local laws and may be subject to liability for such unauthorized use.
In the course of the user use of the Website and/or the services made available on or through the Website, the user may be asked to provide certain personalized information to the Company (such information referred to hereinafter as “The user Information”). The Company’s information collection and use policies with respect to the privacy of such the user Information are set forth in the Website’s Privacy Policy which is incorporated herein by reference for all purposes. The user acknowledges and agree that the user is solely responsible for the accuracy and content of the user Information.
Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from the user through the Website, by e-mail or in any other way. Any information, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent to The Company (including, for example and without limitation, that which The user submit or post to our chat rooms, message boards, survey responses, and/or our blogs, or send to us via e-mail) (“Submitted Materials”) will be deemed not to be confidential or secret, and may be used by The Company in any manner consistent with the Website’s Privacy Policy . By submitting or sending Submitted Materials to The Company , The user : (I) represent and warrant that the Submitted Materials are original to The user , that no other party has any rights thereto, and that any "moral rights" in Submitted Materials have been waived, and (ii) The user grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub licensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and incorporate in other works any Submitted Materials (in whole or part) in any form, media, or technology now known or later developed, including for promotional and/or commercial purposes. We cannot be responsible for maintaining any Submitted Material that the user provides to us, and we may delete or destroy any such Submitted Material at any time.
The user warrant and agree that, while using the Website and the various services and features offered on or through the Website, The user shall not: (a) impersonate any person or entity or misrepresent The user r affiliation with any other person or entity; (b) insert The user r own or a third party’s advertising, branding or other promotional content into any of the Website’s content, materials or services (for example, without limitation, in an RSS feed or a podcast received from The Company or otherwise through the Website), or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; or (c) attempt to gain unauthorized access to other computer systems through the Website. The user shall not: (I) engage in spearing, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of the users or other information from or through the Website or the services offered on or through the Website, including without limitation any information residing on any server or database connected to the Website or the services offered on or through the Website; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means; (iii) use the Website or the services made available on or through the Website in any manner with the intent to interrupt, damage, disable, overburden, or impair the Website or such services, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests; (iv) use the Website or the Website’s services or features in violation of The Company’s or any third party’s intellectual property or other proprietary or legal rights; or (v) use the Website or the Website’s services in violation of any applicable law. The user further agrees that the user shall not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Website or the Website’s services, or any content thereof, or make any unauthorized use thereof. The user agrees that the user shall not use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website or any of its services. The user shall not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Website.
The Company may, from time to time, make messaging services, chat services, bulletin boards, message boards, blogs, other forums and other such services available on or through the Website. The public forum posts and comments to such public forum posts are not monitored for accuracy, completeness, thoroughness or timeliness, and do not constitute medical advice or recommendation of any kind. The user should not rely on any information contained in such posts or comments and the user should consult with the user r qualified health care professionals to meet the user r individual needs or advise the user as to any treatment. In addition to any other rules or regulations that we may post in connection with a particular service, The user agree that The user shall not upload, post, transmit, distribute or otherwise publish through the Website or any service or feature made available on or through the Website, any materials which (I) restrict or inhibit any other the user from using and enjoying the Website or the Website’s services, (ii) are fraudulent, unlawful, threatening, abusive, harassing, libellous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus, spyware, or other harmful component, (vi) contain embedded links, advertising, chain letters or pyramid schemes of any kind, or (vii) constitute or contain false or misleading indications of origin, endorsement or statements of fact. The user further agrees not to impersonate any other person or entity, whether actual or fictitious, including anyone from the Company the user also may not offer to buy or sell any product or service on or through the user r comments submitted to our forums. The user alone is responsible for the content and consequences of any of the user activities.
The Company reserves the right, but does not have an obligation, to monitor and/or review all materials posted to the Website or through the Website’s services or features by the users, and the Company is not responsible for any such materials posted by the users. However, the Company reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in the Company’s sole discretion are objectionable or in violation of this Terms of Use, The Company’s policies or applicable law. The Company may also impose limits on certain features of the forums or restrict the user access to part or all of the forums without notice or penalty if the Company believes the user is in breach of the guidelines set forth in this paragraph, The Company’s terms and conditions or applicable laws, or for any other reason without notice of liability.
It is important to remember that comments submitted to a forum may be recorded and stored in multiple places, both on our Website and elsewhere on the Internet, which are likely to be accessible for a long time and the user have no control over who will read them eventually. It is therefore important that the user is careful and selective about the personal information that the user disclose about the user self and others, and in particular, the user should not disclose sensitive, proprietary or confidential information in the user comments to our public forums.
The user agrees that if the user include a link from any other website to the Website, such link shall open in a new browser window and shall link to the full version of an HTML formatted page of this Website. The user is not permitted to link directly to any image hosted on the Website or our services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another website. The user agrees not to download or use images hosted on this Website on another website, for any purpose, including, without limitation, posting such images on another site. The user agrees not to link from any other website to this Website in any manner such that the Website, or any page of the Website, is “framed,” surrounded or obfuscated by any third-party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Website be discontinued, and to revoke the user right to link to the Website from any other website at any time upon written notice to the user.
The user may be able to link from the Website to third party websites and third-party websites may link to the Website (“Linked Sites”). The user acknowledges and agree that the Company have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of the Company’s. Links to Linked Sites do not constitute an endorsement or sponsorship by the Company of such websites or the information, content, products, services, advertising, code or other materials presented on or through such websites. The inclusion of any link to such sites on the Company Site does not imply the Company’s endorsement, sponsorship, or recommendation of that site. The Company disclaims any liability for links (1) from another website to this Website and (2) to another website from this Website. The Company cannot guarantee the standards of any website to which links are provided on this Website nor shall the Company be held responsible for the contents of such sites, or any subsequent links. The Company does not represent or warrant that the contents of any third-party website is accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. Also, the Company is not responsible for or any form of transmission received from any linked website. Any reliance on the contents of a third-party website is done at the user r own risk and the user assume all responsibilities and consequences resulting from such reliance.
The user agree to defend, indemnify and hold The Company and The Company’s and its affiliates’ directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including but not limited to reasonable attorneys' fees, arising in any way from The user use of the Website, The user placement or transmission of any message, content, information, software or other materials through the Website, or The user breach or violation of the law or of these Terms and Conditions. The Company reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by the user, and in such case, the user agrees to cooperate with the Company’s defence of such claim.
MATERIALS PROVIDED THROUGH THE WEBSITE, ARE PROVIDED "AS IS," "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, PLAYABILITY, DISPLAYABILITY, ACCURACY, PRECISION, CORRECTNESS, THOROUGHNESS, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. THE COMPANY DO NOT WARRANT THAT THE WEBSITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS PROVIDED THROUGH THE WEBSITE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. THE COMPANY MAKE NO WARRANTY THAT THE WEBSITE OR THE PROVIDED SERVICES WILL MEET THE USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM US OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. THE COMPANY ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, THE USER EQUIPMENT ON ACCOUNT OF THE USER ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE OR THE USER R DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO CONTENT, OR AUDIO CONTENT FROM THE WEBSITE. IF THE USER ARE DISSATISFIED WITH THE WEBSITE, THE USER SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE WEBSITE IS CORRECT AND UP-TO- DATE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE WEBSITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. THE COMPANY NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE WEBSITE, NOR FOR ANY OFFENSIVE, DEFAMATORY, OBSCENE, INDECENT, UNLAWFUL OR INFRINGING POSTING MADE THEREON BY ANYONE OTHER THAN AUTHORIZED THE COMPANY EMPLOYEE SPOKESPERSONS WHILE ACTING IN THEIR OFFICIAL CAPACITIES (INCLUDING, WITHOUT LIMITATION, OTHER THE USERS OF THE WEBSITE). IT IS THE USER RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE WEBSITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO HEALTH, OR LIFESTYLE INFORMATION, OPINION, ADVICE OR OTHER CONTENT.
WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, THE COMPANY AND ITS AFFILIATES, AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY SERVICES PROVIDED VIA THE WEBSITE, AND HEREBY DISCLAIM, AND THE USER HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE WEBSITE OR IN CORRESPONDENCE WITH THE COMPANY OR ITS AGENTS. ANY SERVICES PROVIDED VIA THE WEBSITE ARE PROVIDED BY THE COMPANY “AS IS,” EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN AN AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN THE USER AND THE COMPANY.
IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL THE COMPANY , OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, THE USER PROVISION OF INFORMATION VIA THE WEBSITE, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN THE USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY THE USER OR OTHER PERSON ON OR THROUGH THE WEBSITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO THE USER FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR THE USER USE OF THE WEBSITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY THE USER TO THE COMPANY FOR THE USER USE OF THE WEBSITE.
The Company control and operate the Website from offices in the State of Hyderabad, India. The Company do not represent that materials on the Website are appropriate or available for use in other locations. Persons who choose to access the Website from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
The Company may terminate, change, suspend or discontinue any aspect of the Website or the Website’s services at any time. The Company may restrict, suspend or terminate the user access to the Website and/or its services if we believe the user are in breach of the Company’s terms and conditions or applicable laws, or for any other reason without notice or liability. The Company maintains a policy that provides for the termination in appropriate circumstances of the Website use privileges of the users who are repeat infringers of intellectual property rights.
The Company reserves the right, at its sole discretion, to change, modify, add or remove any portion of the Terms and Conditions, in whole or in part, at any time. Changes in the Terms and Conditions will be effective when posted. The user continued use of the Website and/or the services made available on or through the Website after any changes to the Terms and Conditions are posted will be considered acceptance of those changes.
The Terms and Conditions, and the relationship between the user and us, shall be governed by the laws of India, without regard to conflict of law provisions. The user agrees that any cause of action that may arise under the Terms and Conditions shall be commenced and be heard in the appropriate court in Hyderabad, India. The user agrees to submit to the personal and exclusive jurisdiction of the courts located within Hyderabad, India. The Company’s failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.