Welcome to www.haachikofitness.com (the “Website”). This domain name and Website are owned and operated by M/s HAACHIKO FITNESS Health and Wellness (hereinafter referred to as HAACHIKO FITNESS) a LLP firm, having its address at 15 FLOOR 1,PLOT 37, RUKMINI NIWAS, GOKHALE SOCIETY X LANE, NR K E M HOSPITAL PAREL, MUMBAI CITY, MAHARASHTRA, 400012, INDIA.
Please read and understand these Terms carefully before using this Website, as moving past the home page, or using any of the services, shall be taken to mean that You have read and agreed to all of the policies, which constitute a legally binding agreement between You and the Website. These terms are to be read along with any other policies on the Website.
For the purpose of these Terms of Service, along with any amendments to the same, and wherever the context so requires:
• “You” or “User” shall mean any natural or legal person who has agreed to become a user of the Website by accessing, browsing or transacting on the Website. The Website also provides certain services without registration/acceptance, and such provision of services does not absolve You of this contractual relationship.
• “We”, “Us”, “Our” shall mean and refer to HAACHIKO FITNESS,
• “Third Party” shall mean and refer to any individual(s), company or entity apart from the User and HAACHIKO FITNESS.
ABOUT THE WEBSITE
The Website is a platform that facilitates the clients of HAACHIKO FITNESS to register and/or participate in the health & wellness services offered by HAACHIKO FITNESS (“Services”).
By registering or participating for our Services, You understand that You are agreeing to these terms of service, including the cancellation and payment terms. Please re-read these terms regularly as We may change the terms without notifying You.
Only those above the age of 18 years, barring those “Incompetent to Contract” which inter alia include insolvents, may use and access this Website and content provided. If You are a minor and wish to use the Website, You may do so through Your legal guardian and HAACHIKO FITNESS reserves the right to limit Your access based on the knowledge of You being a minor.
TERM AND TERMINATION
1. By using this Website, You agree to receive telephonic calls, SMSs, whatsapp messages and/or emails from Us at any time We deem fit. We may reach out to You to communicate with You regarding our Services or any promotional offers or for any clarifications.
2. In case You wish to stop receiving notifications from Us You may unsubscribe by sending an email to firstname.lastname@example.org From time to time, advertisements may be displayed on the Website and You may be contacted by Us with regard to furtherance of our rights, duties and obligations under this document and other policies followed by Us. Such contact shall be made only in pursuance of such objectives, and no other calls shall be made.
3. In addition, You may also be contacted by Third Parties who may have access to the information disclosed by You or to whom We may have disclosed Your information for the limited purposes of providing the Services to You.
CHARGES AND PRICING
1. You may browse this Website free of cost but in accordance with these terms. You must only pay for the Services you wish to participate in or register for. We reserve the right to amend this no-fee policy and charge Users for browsing the Website.
2. We reserve the right to change the prices of the Services displayed on the Website from time to time, without prior intimation to You.
3. There may be instances where the prices displayed at the time of Services or check-out may differ from the prices displayed elsewhere on the Website. The prices displayed at the time of checking out shall be the final price.
4. We strive to ensure that all pricing related information on the Website is accurate but there may be typographical errors or other mistakes. In the event that an incorrect price is listed, We may either call You or cancel Your registration and notify You of the cancellation. If We cancel the registration after the payment has been made, the amount will be remitted to Your account from which the payment was made.
5. We do not warrant or represent that the prices on the Website are the lowest in any region.
The following payment options are already available or will be made available in the future through third party payment facilitators:
• Domestic and international credit cards issued by banks and institutions that are part of the Visa, Master card & Amex Card;
• Visa Debit cards;
• Netbanking/Direct Debit payments from select banks in India. A list of banks is available at the time of ‘checkout’.
As prescribed by the financial institutions issuing the credit or debit cards affiliated with Visa and MasterCard You will required to submit Your 16-digit credit card number, card expiry date and 3-digit CVV number (usually on the reverse of the card) when You make Your online transaction using Your Credit or Debit card. You should also have enrolled Your Credit Card with VBV (Verified by Visa) or MSC (MasterCard Secure Code) to complete the transaction. In case of third party statements including bank and credit card statements the merchant name may appear in an abbreviated format. To register for the Services, You will need to complete the transaction on the Website. This may or may not be assisted with a phone call with the customer service representative. By registering on the site or on phone, You are agreeing to the terms and conditions and payment policy published in the appropriate section of the Website.
After making the payment successfully, Your registration will be processed on receipt of the funds from the bank or Credit Card Company. It is at this stage that the registration is said to be complete.
PAYMENT GATEWAY AND SECURITY
Transactions on the Website are facilitated through third party Payment Facilitators including Payment Gateways. All transactions made through these Payment Facilitators are secure and protected. Any information You enter when transacting on the Website is encrypted to protect You against unintentional disclosure to third parties. This is an assurance that the best security practices adopted by major online vendors where all payments are processed in real-time for Your security and immediate peace of mind. Credit card and Debit card information is not stored by Us and is not taken by Us. This information is taken directly by the Payment Facilitators provided who are authorized and compliant with the regulations and requirements of various banks and institutions and payment franchisees that they are associated with. You understand that We are not responsible for any errors/injuries caused to You due to a fault attributable to the Payment Facilitators.
The User takes full responsibility for payment of all taxes and fees that may arise in the course of use of the Website, including but not limited to use of the Website by the User.
CANCELLATION & REFUND
Any payment made, through the Website or otherwise, in relation to or associated with any bookings, registration or participation to the Services offered by Us are non-refundable, non-exchangable, and non-saleable.
The User undertakes to fulfil the following obligations. Failure to satisfy any of these obligations gives Us the right to permanently suspend Your account with US and/or claim damages for any losses that accrue to Us or additional costs that may be imposed on Us.
1. You hereby certify that You are at least 18 years of age.
2. You hereby agree to provide genuine credentials during the process of registration on the Website. You shall not use a fictitious indentity to register.
3. You agree to ensure the email address provided is valid at all times and shall keep Your contact information accurate and up-to-date.
4. You agree to comply with all local laws and regulations governing the use of the Website, including, without limitation to, any usage rules set forth in this Agreement.
5. You agree that it is Your responsibility to ensure that Your device complies with these requirements.
6. You agree that You are solely responsible for Your use of the Website.
7. You agree that You are aware that any content You refer to Us, which is uploaded by Us, is made public to other Users of the Website.
8. You undertake not to:
1. Cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the Website. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted. Should You want to engage in one or more such actions, prior permission from Us must be obtained;
2. access (or attempt to access) the Website and/or the materials or Services by any means other than through the interface that is provided by the Website. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website is prohibited. You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other Users or Third Parties that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content;
3. use the Website in any manner that may impair, overburden, damage, disable or otherwise compromise (i) Services; (ii) any other party’s use and enjoyment of HAACHIKO FITNESS’s Aervices; or (iii) the services and products of any Third Party;
4. use the Services or Materials for any unlawful purposes or to conduct any unlawful activity, including, but not limited to, fraud, embezzlement, money laundering or identity theft;
5. abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
6. engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
7. upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s mobile phone, systems, devises and software solutions that are extensions of the Website;
8. download any file posted in the Website that You know, or reasonably should know, cannot be legally distributed in such manner;
9. probe, scan or test the vulnerability of the Website or any network, devises and software solutions to the Website, nor breach the security or authentication measures on the Website or any network, devices and software solutions connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
10. disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, servers, software solutions or networks connected to or accessible through the Website or any affiliated or linked Websites;
11. use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Website or other Third Parties;
12. violate any applicable laws or regulations for the time being in force within or outside Your home country;
13. violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
14. threaten the unity, integrity, defence, security or sovereignty of Your home country, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
15. disseminate information through the Website that is false, inaccurate or misleading, or violate any applicable laws or regulations for the time being in force in or outside Your home country.
10. You agree that Your use of the Website may vary in functionality, availability and quality depending on the type of the device and the operating system that it uses and HAACHIKO FITNESS accepts no responsibility for any lack of functionality that is due to Your equipment (including Your device, internet connection, operating system or settings and software)
1. All products, photographs, information, content, designs, services and software displayed on, transmitted through, or used in connection with the Website, (hereinafter referred to as the “Content”), as well as its selection and arrangement, is either owned by Us or the respective Author/Creator, who shall be duly credited. You may use the Content only through the Website, and solely for Your personal, non-commercial use.
2. You shall not copy or download pictures from the Website.
3. You understand that the furniture designs displayed on the Website are the result of great efforts on HAACHIKO FITNESS’s part and HAACHIKO FITNESS is the sole owner of copyrights over all the designs displayed.
4. You shall not copy or reproduce the furniture designs either in part or whole in any material or manner, for any purpose, without the express written permission of HAACHIKO FITNESS.
5. In the event that You download the images or copy the designs for any purpose or in any manner, it would amount to intellectual property infringement and HAACHIKO FITNESS may initiate legal proceedings against You for the same.
6. Further, you shall not republish any portion of the Content on any Internet, Intranet or extranet site or incorporate the designs or content in any database, compilation, archive or cache. You may not distribute any Content to others, whether or not for payment or other consideration, and You may not modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the designs or Content. You may not scrape or otherwise copy our Content without permission.
7. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Website, not to insert any code or product or manipulate the content of the Website in any way that affects the user’s experience, and not to use any data mining, data gathering or extraction method.
1. The Website can be used in all countries, worldwide. We make no representation that materials or Content available through our Website is appropriate or available for use outside any of these countries.
2. You are solely responsible for compliance with necessary laws and regulations for use of the Website in your location.
1. We may modify, replace, refuse access to, suspend or discontinue the Services, partially or entirely, or add and change for all or part of the Services for You or for all Users at any time and in Our sole discretion. These changes shall become effective upon providing a notice of the same to You via email/the home screen of the Website. We further reserve the right to withhold, remove and/or discard any content available as part of Your account, with or without notice, if deemed by Us to be contrary to this Agreement.
2. We have no obligation to provide You with a copy of the information You or any other User provided on the Website or that the Website has accessed.
3. Further, We reserve the right, in Our sole discretion, to modify or replace any part of this Agreement at any time, effective upon the date of giving Users notice of the same. Notice shall be provided of such change via email to the Users and/or by posting a notice on the home screen of the Website.
4. You and We both understand that there may be instances of difficulty in accessing or receiving email communication. We are not responsible if any email notice gets caught by Your SPAM folder, or if You do not see the email, or if You have given Us an incorrect email id or if for any other reason You do not receive the email notice. Therefore, We encourage You to frequently open the Website to monitor any changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes. We may also, in the future, offer new services and/ or features through the Website. Such new features and/ or services shall be subject to the terms and conditions of this Agreement.
You agree to indemnify, hold harmless, and defend Us from and against any and all liability, loss, claim, damages, expense, or costs (including but not limited to attorneys’ fees), incurred by or made Us in connection with any claim arising from or related to:
1. Your use or any Third Party’s use via Your account of the Service provided by the Website and its Content;
3. Any breach or violation of this Agreement, including any amendment, or of any statute or regulation by You, or any Third Party through Your account.
4. You agree to fully cooperate in indemnifying Us at Your expense. You also agree not to reach a settlement with any party without Our consent.
HOSTING OF THIRD-PARTY INFORMATION
The Website may host information provided by third parties. We are in no manner responsible to You for the accuracy, legitimacy and trueness of the information so hosted. We take reasonable care to ensure such accuracy but We are not responsible for the information so furnished. You agree to not hold Us liable for the falsification of any such provided information.
DISCLIAMERS REGARDING PRODUCT
We have made every effort to display available products/services as accurately as possible. HAACHIKO FITNESS does not make any representation or warranties in respect of the products/services available on the Website nor does HAACHIKO FITNESS implicitly or explicitly support or endorse the sale or purchase of any products/services on the Website. HAACHIKO FITNESS accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
DISCLAIMERS AND LIMTATIONS
YOUR USE OF THE WEBSITE IS ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE PRODUCTS/SERVICES AND ANY CONTENT OR MATERIAL DISPLAYED ON THE SERVICE IS PROVIDED WITHOUT ANY GUARANTEES, CONDITIONS OR WARRANTIES AS TO ITS ACCURACY, SUITABILITY, COMPLETENESS OR RELIABILITY. WE WILL NOT BE LIABLE TO YOU FOR THE UNAVAILABILITY OR FAILURE OF THE WEBSITE OR ANY DISPLAYED PRODUCTS/SERVICES.
WE EXPRESSLY EXCLUDE OUR LIABILITY FOR ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SERVICES BY ANY PERSON IN CONTRAVENTION OF THESE TERMS. WE EXPRESSLY EXCLUDE ANY LIABILITY FOR (A) ANY LOSS OR DAMAGE THAT WAS NOT REASONABLY FORESEEABLE BY US AND WHICH IS INCURRED BY YOU IN CONNECTION WITH THE WEBSITE; AND (B) ANY LOSS OR DAMAGE INCURRED BY YOU AS A RESULT OF YOUR BREACH OF THESE TERMS
TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGE, REGARDLESS OF THE FORM OF ACTION OR BASIS OF ANY CLAIM. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO TERMINATE YOUR USE OF THE WEBSITE.
All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be subject to the exclusive jurisdiction of the courts of Mumbai.
Any and all communication relating to any dispute or grievance experienced by the User may be communicated to HAACHIKO FITNESS by the User reducing the same to writing, and sending the same to the registered office of HAACHIKO FITNESS by Registered Post, or email@example.com.
1. Entire Agreement: This Agreement is the complete and exclusive statement of the agreements between You and Us with respect to the subject matter hereof and supersedes all other communications or representations or agreements (whether oral, written or otherwise) relating thereto.
2. Waiver: The failure of HAACHIKO FITNESS at any time to require performance of any provision of this Agreement in no manner shall affect its right at a later time to enforce the same. No waiver by HAACHIKO FITNESS of any breach of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any other such breach, or a waiver of any other breach of this Agreement.
3. Liability: The Website and HAACHIKO FITNESS shall not be liable in any way for User Content, including, but not limited to, any errors or omissions contained therein, or any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Service or broadcast elsewhere.
4. Severability: If any provision of this Agreement shall to any extent be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired thereby and each such provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. In such a case, this Agreement shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein.