Terms and Conditions of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

By using this site, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions, do not use this site!

As a condition of your using this site, you represent that you are at least eighteen years of age and have the legal authority to accept the terms and conditions, are in good mental health, do not suffer from any mental or physical condition or disability which might render your participation hazardous to yourself or to others, or which would impair your ability to understand information. You understand and agree that if you are on any medications or currently being treated for any illness or condition that you may participate in this program only after consultation with your health practitioner.


FitnessWale may revise and update these Terms and Conditions at any time. Your continued usage of the FitnessWale website ("FitnessWale Site," or the "Site,") will mean you accept those changes.

The Site Does Not Provide Medical Advice

The contents of the FitnessWale Site, such as text, graphics, images, and other materials created by FitnessWale or obtained from FitnessWale's licensors, and other materials contained on the FitnessWale Site (collectively, "Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. You understand and agree that if you are on any medications or currently being treated for any illness or condition that you may participate in this program only after consultation with your health practitioner or doctor or any authorised health professional. Always seek the advice of your physician or Doctor or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the FitnessWale Site!

If you think you may have a medical emergency, call your doctor or or other qualified health provider immediately. FitnessWale does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by FitnessWale, FitnessWale employees, others appearing on the Site of FitnessWale, or other visitors to the Site is solely at your own risk.

Children's Privacy

We are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.

Use of the Content

The Content posted on this Site is protected by the copyright laws. All rights reserved and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items accessible on the FitnessWale Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference.

Title to the Content remains with FitnessWale or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and other features are subject to change or termination without notice in the editorial discretion of FitnessWale. All rights not expressly granted herein are reserved to FitnessWale.

If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

Liability of FitnessWale and Its Licensors

The use of the FitnessWale Site and the Content is at your own risk.

When using the FitnessWale Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of FitnessWale and its suppliers. Accordingly, FitnessWale assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the FitnessWale Site.

The FitnessWale Site and the Content are provided on an "as is" basis. FitnessWale, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, FitnessWale, its licensors, and its suppliers make no representations or warranties about the following:

  1. The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, links, or communications provided on or through the use of the FitnessWale Site or FitnessWale.
  2. The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the FitnessWale Site.

In no event shall FitnessWale, its licensors, its suppliers, or any third parties mentioned on the FitnessWale Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the FitnessWale Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not FitnessWale, its licensors, its suppliers, or any third parties mentioned on the FitnessWale Site are advised of the possibility of such damages. FitnessWale, its licensors, its suppliers, or any third parties mentioned on the FitnessWale Site are not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas (as defined below).

Exclusions and Limitation of Liability.You expressly understand and agree that FitnessWale shall not be liable to you or any other person for any damages, direct, indirect, consequential or incidental, including without limitation damages for loss of profits, goodwill, use data loss or other losses resulting from:

(a) any link provided in connection with the services,

(b) your reliance on any of the services,

(c) the interruption, suspension, termination of any of the services,

(d) any viruses that may infect your computer equipment or other property on account of your use of the site, or

(e) any matter otherwise related to your use of the site or services.

User Content and Submissions

The personal information you submit to FitnessWale is governed by the FitnessWale privacy policy. To the extent there is an inconsistency between this Agreement and the FitnessWale privacy policy, this Agreement shall govern.

The Site contains functionality and other interactive areas, including blogs, message boards, Ask Our Expert postings, user reviews of drug information, user reviews on the Physician Directory, user reviews of use of information etc. (collectively "Public Areas") that allow users to post or upload content and other information, including comments, images, questions, reviews, and other materials (the “User Content”).  Users may also upload User Content via our official brand presence on social media platforms and branded hashtags, including, without limitation Facebook, Twitter, Google Plus, YouTube, Instagram, Pinterest and other social media platforms (collectively "Social Media Platforms"). You agree that you will not post, upload, or transmit any communications or User Content of any type to the Public Areas or Social Media Platforms that infringe or violate any rights of any party. By submitting communications or User Content to the Public Areas or Social Media Platforms, you agree to comply with these Terms and Conditions and other applicable polices.  FitnessWale reserves the right to remove User Content for any reason, including User Content that we believe violates these Terms and Conditions or our other policies. By submitting any communications or User Content to the Public Areas or Social Media Platforms, you further agree that such submission is non-confidential for all purposes. It is important to note that FitnessWale is not responsible for the operation, terms of use or policies of any Social Media Platform and any third party platforms. Before using any Social Media Platform and any third party platforms you should review its terms of use and policies, including its privacy policy.

If you make any submission or post User Content to a Public Area or a Social Media Platform or any third party platform, you agree that you will not send or transmit to FitnessWale by email, (including through the email addresses listed on the "Contact Us" page) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to FitnessWale by email, you agree such submission is non-confidential for all purposes.

If you make any submission or post User Content to a Public Area or a Social Media Platform or if you submit any business information, idea, concept or invention to FitnessWale by email, you automatically grant-or warrant that the owner of such content or intellectual property has expressly granted-FitnessWale a royalty-free, perpetual, irrevocable, worldwide, non-exclusive, fully sublicensable right and license to use, reproduce, create derivative works from, modify, adapt, publish, edit, translate, distribute, perform, and publicly display such submission or User Content in any media or medium, or any form, format, or forum now known or hereafter developed. FitnessWale may sublicense its rights through multiple tiers of sub-licenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or Social Media Platforms or to FitnessWale by email. We try to answer every email in a timely manner, but are not always able to do so.

User Submissions — Image, Video, Audio Files

You agree to only post or upload media (like photos, videos, or audio) on the FitnessWale Site or a Social Media Platform that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy, or any other rights of any other person. Photos or videos of celebrities and cartoon or comic images are usually copyrighted by the owner.

To protect your privacy, you agree that you will not submit any media that contains Personally Identifiable Information (like name, phone number, email address or web site URL) of you or of anyone else. Uploading media like images or video of other people without their permission is strictly prohibited.

By uploading any media on the FitnessWale Site or a Social Media Platform, you warrant that you have permission from all persons appearing in your media for you to make this contribution and grant rights described herein. Never post a picture or video of or with someone else unless you have their explicit permission.

It is strictly prohibited to upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms and Conditions or the FitnessWale Privacy Policy etc.

You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this Web site.

By uploading any media on the FitnessWale Site or a Social Media Platform like a photo or video: (a) you grant to FitnessWale a perpetual, irrevocable, non-exclusive, worldwide, royalty-free, fully sub-licensable right and license to use, copy, print, publicly display, reproduce, modify, publish, post, transmit, create derivative works from, and distribute the media and any material included in the media; (b) you certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes FitnessWale to use, copy, print, publicly display, reproduce, modify, publish, post, transmit, create derivative works from, and distribute the media and any material included in such media; and (c) you agree to indemnify FitnessWale and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys' fees, arising from the media and/or your failure to comply with these Terms and Conditions.

FitnessWale reserves the right to review all media prior to submission to the site and to remove any media for any reason, at any time, without prior notice, at our sole discretion.

Passwords

FitnessWale has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your FitnessWale passwords or accounts. It is your sole responsibility to: (1) control the dissemination and use of sign-in name, screen name and passwords; (2) authorize, monitor, and control access to and use of your FitnessWale account and password; (3) promptly inform FitnessWale if you believe your account or password has been compromised or if there is any other reason you need to deactivate a password. To send us an email, use the "Contact Us" links located at the bottom of every page of our site. You grant FitnessWale and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. FitnessWale cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using FitnessWale tools and services.

User Content Guidelines

If you use, or post User Content on, a Public Area, such as message boards, blogs, Ask Our Expert, or comment or our Directory, or post on any Social Media Platform, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas or on the Social Media Platforms. FitnessWale and its licensors are not responsible for the consequences of any communications in the Public Areas or on Social Media Platforms. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or authorised health service provider immediately.

In consideration of being allowed to use the Public Areas and Social Media Platforms, you agree that the following actions shall constitute a material breach of these Terms and Conditions:

  1. Using a Public Area or Social Media Platform for any purpose in violation of local, state, national, or international laws;
  2. Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
  3. Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by FitnessWale in its sole discretion;
  4. Posting advertisements or solicitations of business;
  5. After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
  6. Posting chain letters or pyramid schemes;
  7. Impersonating another person;
  8. Distributing viruses or other harmful computer code;
  9. Harvesting, scraping or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments;
  10. Allowing any other person or entity to use your identification for posting or viewing comments
  11. Posting the same note more than once or "spamming"; or
  12. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area, Social Media Platform or the Site, or which, in the judgment of FitnessWale, exposes FitnessWale or any of its customers or suppliers to any liability or detriment of any type.

FitnessWale Reserves the Right (but is Not Obligated) to Do Any or All of the Following:

  1. Record the dialogue in public chat rooms.
  2. Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
  3. Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions.
  4. Terminate a user's access to any or all Public Areas and/or the FitnessWale Site upon any breach of these Terms and Conditions.
  5. Monitor, edit, or disclose any communication in the Public Areas or on a Social Media Platform.
  6. Edit or delete any communication(s) posted on the FitnessWale Site, regardless of whether such communication(s) violate these standards.

FitnessWale or its licensors have no liability or responsibility to users of the FitnessWale Site or any other person or entity for performance or nonperformance of the aforementioned activities.





Additional Information

The contents of the FitnessWale Site, such as text, graphics, images, and other material contained on the FitnessWale Site ("Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the FitnessWale Site! You should consult your personal physician before beginning an exercise or specialized nutrition program etc.

If you think you may have a medical emergency, contact your doctor immediately. FitnessWale does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by FitnessWale, FitnessWale employees, others appearing on the Site at the invitation of FitnessWale, or other visitors to the Site is solely at your own risk.

No Resale of Services

You agree to use the services solely for your own needs. You agree to not offer the services to any third party. You are not permitted to use any portion of the site or services to provide any commercial services or third parties.

Links

Any links found on the FitnessWale web site are provided for your convenience and do not reflect any endorsement by FitnessWale with respect to the quality, reliability or any other characteristic or feature of such linked site. FitnessWale is not responsible for any loss or injury you may suffer for any matter associated with the linked site.


DISPUTES


  1. You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or FitnessWale exclusively in the INDIA District Court for the FATEHGARH SAHIB or a state court located in PUNJAB, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of India will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. 
  2. If anyone brings a claim against us related to your actions, content or information on FitnessWale, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on FitnessWale and are not responsible for the content or information users transmit or share on FitnessWale. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on FitnessWale. We are not responsible for the conduct, whether online or offline, of any user of FitnessWale. 

WE TRY TO KEEP FitnessWale UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING FitnessWale AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT FitnessWale WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT FitnessWale WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. FitnessWale IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR FitnessWale, 

SPECIAL PROVISIONS APPLICABLE TO USERS OUTSIDE INDIA

We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with FitnessWale outside India: 


  1. ​You consent to having your personal data transferred to and processed in India.
  2. You will not use FitnessWale if laws governing your territory do not permit you.
  3. You will comply with all applicable laws when using or accessing FitnessWale.