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chaitown community private limited

Terms of Use

Effective date : SEP 01, 2023

This document is an electronic record in terms of information technology act, 2000 and rules made there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the information technology act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

 

This document is published in accordance with the provisions of rule 3 (1) (a) of information technology (intermediary guidelines and digital media ethics code) rules, 2021 that require publishing the rules and regulations, privacy policy and terms of use for access or usage of the creator service and creator webpage

1.0 Introduction

These terms of use of service (“Terms”) along with the privacy policy (“Privacy Policy”) together constitute a legally binding agreement (“Agreement”) between Chaitown Community Private Limited (“Chaitown” or  “Chaitown Community” “Us” or “We”) and the End User (“you” or “User”) for using the Website (defined hereinafter). If you have any questions regarding the Terms, you may or e-mail at hello@chaitown.in, or reach out to our Grievance Officer.

2.0 Definitions

For the purposes of this Agreement, all the defined and captioned terms have such meaning as assigned to them herein below:

  1. “Buyers” shall mean Users who or which purchase Services or Products through the website

  2. “Products” shall mean any physical or digital product.

  3. “Services” shall mean fitness, culture, and music services provided by Chaitown as follows:

    1. Fitness Classes provided online, for groups and/or individuals

    2. Fitness Classes provided in a gym space or outdoor parks for groups and/or  individuals

    3. Personal Training

    4. Fitness events and Workshops hosted by Chaitown Community

    5. Nutrition seminars, consultations whether group or one on one

    6. Music Classes provided online or at a physical location for groups and/or individuals

    7. Music Concerts, Events and Workshops hosted by Chaitown Community

    8.  Provision of Website and or app access to Users,

  4. “Person” shall mean any natural person, limited or unlimited liability company, corporation, partnership (whether limited or unlimited), proprietorship, Hindu undivided family, trust, union, association, government or any agency or political subdivision thereof or any other entity that may be treated as a person under applicable law.

  5. “Privacy Policy” shall mean the privacy policy of Chaitown with respect to treatment of Users’ information as provided here.

  6. “Terms” shall mean these terms and conditions of use and service which form a part of the Agreement governing Users’ relationship inter se and with Chaitown.

  7. “Users” shall mean any Person & (i.e., spouse and children) included in a membership who or which uses the Services and Products, including Buyers and Persons who or which access the Website or any Content displayed thereof. “Website” shall mean the online platform www.chaitown.in as provided by Chaitown to provide Services and Products, including fitness products and services and information fitness and healthy lifestyle.

  8. “Contract” Your Membership Agreement and these Terms and Conditions.

  9. “Membership Fees” The charges payable for your category as set out on joining or using our services

  10. “Contract Term” The minimum duration of the agreement.

  11. "Ticket" means a document that grants the holder the right to participate in the event or to receive the service described in this document.

  12. "Holder" means the person who is in possession of the ticket.

  13. "Issuer" means the person or entity that issued the ticket.

  14. Etiquette: The behaviour standards required while our services are engaged.

  15. Member/Customer: Conditioned on the foregoing, operating hours, as established from time to time, and (b) participate in any one or more group classes offered by Chaitown Community from time to time.

    1. Working Days: Tuesday to Sunday

    2. Timings: Mentioned under each service

  • Any capitalized terms not defined above in Clause 2.0 will have such meaning as assigned to them under the respective Clauses of the Agreement.

2.1 Interpretation

  1. Any reference to the singular includes a reference to the plural and vice versa, unless explicitly stated otherwise.

  2. Any reference to one gender includes a reference to the other gender(s), unless explicitly provided for.

  3. Headings and captions are used for convenience only and not for interpretation of the Agreement.

  4. Any reference to a natural person shall, include his/her heirs, executors and permitted assignees and any reference to a juristic person shall, include its affiliates, successors and permitted assignees, unless repugnant to the context.

3.0 User's Eligibility and Approval

  1. User(s) represent and warrant that they have the right to access or use the Webpage.

  2. The Webpage & Services can only be availed by those individuals or business entities, including sole proprietorship firms, companies, and partnerships, which can form legally binding contracts under Indian Contract Act, 1872.

  3. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Webpage. 

  4. However, if the User(s) are between the age of 14 to 17 years, your access to the Webpage should be permitted by Your parent or legal guardian.

  5. User or Your parent/guardian (as the case maybe) must agree to be bound by these Terms of Use.

4.0 Third Party Links

  • Our website may contain links to third-party websites or resources ("Third-Party Services"). Such Third-Party Services may be subject to different terms and conditions and privacy practices.

  • Chaitown is not responsible or liable for the availability or accuracy of such Third- Party Services, or the content, products, or services available from such Third-Party Services.

  • Links to such Third-Party Services are not an endorsement by Chaitown of such Third-Party Services.

5.0 services

5.1 Provision

  • Services and Products provided to Users by Chaitown are subject to Users’ acceptance and approval of this Agreement. Chaitown reserves the right to modify, at any time, the nature of Services or Products or any part of Services or Products and the terms of this Agreement. Users are requested to regularly visit and review these Terms and Privacy Policy, as may be updated from time to time.

  • The purpose of provision of Services is to make the Users stronger and fitter and promoting a healthy lifestyle, including providing fitness, nutrition and lifestyle related consulting.

  • The Services and Products may be availed by the Users by:

    1. Booking appointments through the Website for services;

    2. Purchasing a membership offered for the services on the platform;

    3. placing an order through the Website for delivery of a fitness related product;

    4. accessing (either though itself or through another Person) the Website or any Content thereof; or

    5. simply surfing and/or browsing the Website.

  • In order to provide certain parts of Services or Products to the Users Chaitown may require the Users to register on the Website by providing certain information (“Registrable Services/Products”). Users agree and understand that Registrable Services/Products shall not be provided by Chaitown to a User unless such User registers on the Website in the form and manner required by Chaitown.

  • Users agree and acknowledge that provision of Registrable Services/Products is depended on the information provided by a User to access such Registrable Services/Products and ensure that all such information provided by the User to Chaitown in order to access the Registrable Services/Products shall always be true, accurate, complete and updated.

  • Subject to applicable law, Chaitown may stop provision of Services or Products (or any part of Services or Products), permanently or temporarily, to a User or to Users generally or may modify or change the nature of Services or Products and/or these Terms at its sole discretion, without any prior notice to the Users. Use of Services or Products by a Person following any such modification constitutes such Person’s deemed acceptance to be bound by this Agreement (or as it may be modified).

5.2 Use

  • In order to use Services or Products, a Person will require accessing the Website through internet in such form and manner as provided by Chaitown. Chaitown may update the Website from time to time in order to ensure a better User experience and consequently may temporarily cut or restrict Users’ access to the Website or to the Services and Products.

  • Users shall use the Services and Products only for such purposes as is permitted:

    1. by this Agreement;

    2. if User is a natural person, by any law, regulation or generally accepted practices or guidelines applicable in the country of which User is a citizen, in which User is a resident or from where User accesses the Services or Products; and

    3. if User is a Person other than a natural person, by any law, regulation or generally accepted industry practices and guidelines applicable in the country where User is registered, where User maintains its principal office or from where User accesses the Services or Products.

  • The Products are available to the User on payment of a fee to Chaitown on the Website. Chaitown reserves that right to amend these Terms and impose a cost on free parts of Services in future. Chaitown will use its reasonable efforts to give Users a prior intimation as and when any part of free Service becomes a paid Service. If, after being so intimated, any User access paid parts of Services, cost for such paid Services shall become due and payable by such User to Chaitown and Chaitown shall have the right to recover the cost of provision of such paid Service to the User, from the User.

5.3 Restriction/Violation

  • Users will not use the Services and Products or any Content for any purpose that is illegal, unlawful or prohibited by this Agreement.

  • Users will not access (or attempt to access) the Services or Products or Content provided through the Services or Products by any means other than in the form and manner provided by Chaitown, unless such User has been specifically allowed to do so in a separate written agreement with Chaitown.

  • Users will not circumvent or disable any digital rights management, usage rules, or other security features of the Website; remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Website; and not use Services or Products in any manner that threatens or is likely to threaten the integrity, performance or availability of Services and Products.

  • Users will not attempt to or engage in any activity that may:

    1. reverse engineer, decompile or otherwise extract the source code(s) related to the Services or Products or any part thereof, unless it is expressly permitted by Chaitown in writing or is required by applicable law;

    2. use any robot, spider, retrieval application, or other device to retrieve or index any portion of Services or Products or Content;

    3. collect information about other Users in any illegal or unlawful manner for any illegal or unlawful purpose;

    4. defame, abuse, harass, threaten or otherwise violate the legal rights of other Users;

    5. impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;

    6. publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information through any bookmark, tag or keyword, or conduct or forward surveys, contests, pyramid schemes or chain letters, or upload any content which belongs to another person over which You do not have any right;

    7. Upload any other content which is non-complaint with the Information Technology Act, 2000, rules, guidelines and regulations made thereunder, including Rule 3 of the Information Technology (Intermediaries Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, Terms and Policies;

    8. download any file posted by another User of a service that You know, or reasonably should know, cannot be legally distributed in such manner;

    9. register on the Website to access Registrable Services /Products or create any online accounts by automated means or under false or fraudulent pretences for using the Services and Products;

    10. transmit any viruses, worms, defects, trojan, or any items of a destructive nature through Services and Products or 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);

    11. use Services or Products in any manner that can damage, disable, overburden, or impair, or undertake any action which is harmful or potentially harmful to, any of the servers, networks, computer systems or resources connected to any of the servers connected, directly or indirectly to the Services or Products, or interfere with any other third party's access to and enjoyment of Services and Products;

    12. violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;

    13. carry out any denial of service (DoS, DDoS) or any other harmful attacks on the Website or; disrupt or place unreasonable burdens or excessive loads on, or interfere with or attempt to make, or attempt any unauthorized access to Services or Products or any part of Services or Products or any User;

    14. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Website; or

    15. obtain any materials or information through any means not intentionally made available, in the opinion of Chaitown, through Services or Products.

    16. falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;

    17. violate any applicable laws or regulations for the time being in force within or outside India; or

    18. Violate the Terms or the Privacy Policy.

  • Users agree and undertake not to impersonate another Person or impersonate, guide or host on behalf of, or falsely state or otherwise misrepresent its own affiliation with any Person, including, but not limited to Chaitown, Chaitown’s officials, employees, agents, partners, affiliates, dealers and/or franchisees.

6.0 Membership Fees, Cancellations and Refunds

  • For both existing Members or potential members payment shall be made before joining any class after the trial is over in the case of renewal of membership or purchase of a new membership.

  • For any event or workshop the user must but a ticket before attending the event or workshop. Entry without ticket is prohibited.

  • Without prejudice to any other right or remedy that we may have, if you fail to pay us the Membership Fees on any due date, we may suspend all Services until payment has been made in full.

  • Raise a late payment charge if the debt remains unpaid after 14 days.

  • We may, without prejudice to any other rights that we may have, set off any liability that we have to you against any liability that you have to us.

  • Should your Membership Fees not be paid due to insufficient money in your account we will ask you to rectify this and will redeposit the cheque within 48 hours of the first rejection.

  • Your membership is non-refundable and non-transferable. It cannot be exchanged for different packages

  • No Partial Payments or Instalments will be allowed, all fees must be paid upon registration

  • No refunds will be given for cancellations made less than 24 hours before the commencement of any service

  • No refunds will be given for cancellations made less than 24 hours before the event.

  • Membership is not on usage basis. It is a fee, permitting access to the classes and services for a certain prefixed period. The unused number of days cannot be extended nor will the amount be refunded, if not used by the member for any reason. Absence (within the specified validity date) will not entitle any member for any refund or compensation either in terms of money or extended sessions

  • Membership period starts from the date of registration or the earliest working day, as agreed upon not from the date the member starts using the facility for workout. Payment must be made in full at the time of registration. In case of partial payment, post-dated cheques (PCD’s) must be issued during registration. Grant of membership admission and Renewals are solely at the discretion of the Centre Manager at Chaitown Community

  • Members aged between 13 to 17 years should have authorization from the parent/guardian who is responsible for such minor members fill out their waivers and membership contracts.

  • Members with medical problems should declare their ailments in the waiver upon registration, before starting any exercise or fitness program

7.0 No Guarantee

  • Chaitown disclaims all warranties in relation to access to or provision of Services or Products, whether express or implied, including but not limited to:

    1. Services and Products being constantly available or available at all;

    2. Services and Products being successfully executed in all cases;

    3. Website being always functional without any disruption, delay or error;

    4. User’s ability to use the Services and Products, directly or indirectly;

    5. Users’ satisfaction with the Services and Products;

    6. the accuracy of the data provided in the course of Service;

    7. the security and privacy of each User’s data;

    8. that all bugs or errors in relation to Services and Products will be fixed or corrected;

    9. that Website will be compatible with all devices, all networks and all browsers;

    10. that use of Services and Products is fit for a particular purpose or use, except as provided herein; or

    11. that Services and Products and Contents is accessible in every location.

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  • Chaitown’s officers, directors, employees, affiliates and agents and any other service provider responsible for providing Services and Products in connection with this Agreement will not be liable for any acts or omissions, including of a third party, and including those vendors participating in Chaitown’s offerings made to Users, or for any unauthorized interception of data or breaches of this Agreement attributable in part to the acts or omissions of third parties, or for damages associated with Chaitown, or equipment that it does not furnish, or for damages that result from the operation systems, equipment, facilities or services or products provided by third parties that are interconnected with Chaitown.

8.0 Intellectual Property Rights and Data Ownership Privacy

  • Use of Services or Products shall, at all times, be governed by and subject to the applicable laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property and Users agree to abide by such laws. A User shall solely be responsible for any violation of any law or for any infringement of any intellectual property rights caused by such User’s use of Services or Products.

  • When a User uploads, submits, stores or sends any Content to or through the Services or Products, such User grants the Content License to Chaitown including, Chaitown’s employees, agents, consultants (as the case may be) to use, copy, transmit, host, store, reproduce, modify, create derivative works of, communicate, publish, publicly perform, publicly display, print, edit, translate, reformat and distribute such Content. The rights Users grant in this license are for the limited purpose of operating, promoting, and improving Services and Products, and to develop new services and products. This license shall continue to operate even if a User stops using Services or Products or terminates this Agreement.

  • Unless specified to the contrary and subject to applicable law, ownership of all intangible and/or intellectual property developed or existing (including any data generated as a result of Services or Products) shall ab initio rest with Chaitown. Nothing in these Terms shall be construed as granting of any implied licenses by Chaitown and all rights not expressly granted to a User are reserved solely by Chaitown unless specified otherwise.

  • Notwithstanding anything else contained herein and subject to applicable law, ownership of any data generated pursuant to Chaitown’s engagement with Users and/or provision of Services or Products shall rest solely with Chaitown and Chaitown may use such data for any purpose in accordance with its Privacy Policy.

  • Chaitown respects the intellectual property rights of Persons and does not hold any responsibility for any violations of any intellectual property rights by Users.

9.0 Suspension and Termination

  • ​Each User is bound by the Agreement from the time such User commences using the Services or Products till the time such User ceases to use Services or Products. Notwithstanding anything else contained herein, all the rights and obligations of Users under this Agreement, which either expressly or by their nature survive the termination of this Agreement, will not be extinguished by termination of this Agreement.

  • User may terminate this Agreement by ceasing access to Services or Products in any manner, including disabling access to Registered Services /Products. Chaitown may terminate this Agreement with respect to any User by suspending or permanently barring access to Services and Products.

  • Chaitown reserves the right to terminate Users’ access to Services or Products or any part of Services or Products, at any time if:

    1. The User, knowingly or unknowingly, causes direct or indirect breach, as ascertained by Chaitown, of these Terms or Privacy Policy or any part of the Agreement;

    2. The User does not pay the requisite cost of using such part of Services or Products which is not provided by Chaitown free of cost and is paid in nature;

    3. provision of Services or Products or any part of Services or Products is no longer commercially viable or feasible for Chaitown;

    4. Willful damage caused to the property of Chaitown Community

    5. Providing incorrect information on the application form or non-disclosure of the necessary details as required, including health-related ones.

    6. Violation of any government laws, regulations

    7. Damage to the name and reputation of Chaitown Community through any actions.

    8. If you fail to act in any orderly manner, misbehave or engage in improper conduct of Solicitation of any kind.

    9. If you do any act which is in any manner disturbing or annoying other participants/members or causing disruption to the functioning of the box in any manner.

    10. For any other reason that we consider in our absolute discretion warrants termination of the Contract which may be immediate.

    11. In situations of deciding acts of violation, the decision of the Chaitown Community management is final.

    12. Chaitown believes that such User is a repeat infringer of the terms of this Agreement; or

    13. Chaitown is required to terminate this Agreement by applicable law, government order or order of a court with requisite jurisdiction.

  • In case of non-compliance with rules and regulations, privacy policy or user agreement for access or usage of the computer resource of Chaitown, it has the right to terminate the access or usage rights of the Users to the computer resource immediately or remove non-compliant information or both, as the case may be. Chaitown will periodically inform its Users, at least once every year, of the compliance requirements set-out in this Terms of Use and the Privacy Policy or any changes thereto.

  • Upon termination of this Agreement with respect to a User, all the legal rights, obligations and liabilities that such User and Chaitown have benefited from, been subject to (or which have accrued over time whilst the Agreement has been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and shall continue to apply to such rights, obligations and liabilities indefinitely.

10.0 Termination by You

  • You have a period of 3 working days from the date of signing this contract in which to cancel your membership. This right to cancel will cease once you use the Gym, or the period of 3 working days has elapsed, whichever is earlier.

  • You may cancel or freeze your Contract during the Contract Term, by giving one month’s notice, if you have sustained an injury, long term illness or become pregnant.

  • You may cancel this contract for one or more of the following reasons Death; Disability

  • If a Member dies or becomes disabled, then upon notice to Chaitown Community the Agreement shall terminate as of the date Member could no longer use the membership.

  • If prepaid, the Member shall be entitled to a pro rata reimbursement for the period after termination. For purposes of this provision, “disability” means a condition which precludes the member from physically using the facilities as verified by a physician.

  • If you wish to cancel the Contract you must give us notice by sending written notice of your cancellation request to the given email address for the attention of the Management. Notice will have been deemed to be given from the date your request to cancel has been received, if accepted. Acceptance is deemed once you have received confirmation of cancellation of your membership from us.

  • On application to cancel your Contract you shall immediately pay to us all outstanding Membership Fees due up to your leave date, including any notice period payable.

  • We are entitled to retain any Membership Fees where you have not followed the correct cancellation process.

11.0 Indemnification and Limitation of Liability

  • Use of Services or Products and/or Content is entirely at User’s own risk and Chaitown shall not be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, monetary or any other damages, fees, fines, penalties or liabilities whatsoever arising out of or relating to a User’s use of Services or Products or Content

  • Chaitown shall make reasonable efforts to make the Services and Products available to Users in the best possible manner. However, a User may cease from accessing the Services or Products if such User is not satisfied with Services or Products.

  • Users shall defend, indemnify and hold Chaitown, and Chaitown’s officers, directors, employees, representatives, consultants and agents harmless from and against any claims, actions, demands, liabilities, judgments, and settlements, including without limitation, reasonable legal fee that may result from or alleged to result from

    • (a) such User’s access to or use of the Services or Products;

    • (b) such User’s breach of any rules, regulations and/or orders under any applicable law; or

    • (c) such User’s breach of any obligation under this Agreement.

  • Each User is responsible for any breach of its obligations under the Agreement and/or for the consequences of any such breach.

  • We shall not be liable for any Services offered by any third parties including Personal Trainers who are self-employed.

  • Nothing in these Conditions limits or excludes our liability:

  • For death or personal injury.

  • For any damage or liability, you incur as a result of fraud or fraudulent misrepresentation.

  • Subject to the other provisions of this clause, we shall not be liable for any special, indirect, consequential, or pure economic loss, costs, damages, charges or expenses.

  • Chaitown Community does not assure any particular weight loss, at any given time. Its programs and wordings used in its literature and advertisements are recommendatory and indicative and is not result assured, as results may vary from person to person and on basis of performance of each individual.

  • The Member hereby agrees to waive all claims or rights they might have against the centre including the right to sue the centre and its employees for any injuries or claims aforesaid.

  • Member has carefully read the waiver and release clause and fully understands that this is a release of any and all future claims against centre for injury or risk of injury resulting from activities while attending centre facilities.

12.0 Communications

  • You hereby expressly agree to receive communications by way of SMS and/or e-mails from the Chaitown, Vendors and other third parties relating to the Platform Services provided through the Platform.

  • You can unsubscribe/ opt-out from receiving communications through SMS and e-mail anytime by contacting our Grievance Officer. However, this may limit the extent of Platform Services that you can avail.

13.0 Governing Law

  • This Agreement shall be governed by and shall be construed in accordance with the laws of India. All disputes relating to this Agreement shall be settled in the courts located at Mumbai, India.

  • Any cause of action arising out of a User’s use of Services or Products must be commenced within 30 (thirty) days after

    • (a) when such cause of action accrues; or

    • (b) such User becomes aware of the facts giving rise to the cause of action, whichever is later,

    • else, such cause of action shall be permanently barred.

14.0 Grievance Redressal

  • We will redress your grievances and concerns surrounding usage of Services through Chaitown Website and mobile application and use of our website and mobile application within specified timelines as specified under the applicable law.

  • In the event of any complaint with respect to Chaitown Website, mobile application or Services, please contact the Grievance Officer, whose contact details are provided below:

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  • If Users have questions or concerns, they may email Chaitown at hello@chaitown.in or the Grievance Officer and Chaitown will attempt to address Users’ concerns within 30 (thirty) days from the date of receipt of such grievance, or within such timeframe stipulated under applicable laws.

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