How It Works
This user agreement (“Agreement”)is an agreement between you and TLG Techfit Private Limited ("Alpha Coach" or "we" or "us" as the context requires) governing (i) your use of Alpha Coach's software with the characteristics and features as described on this Site (“Site”) and the Alpha Coach mobile App (“App”)and/or (ii) availing of our services by you which includes, guidance on how to improve their fitness and how to integrate fitness into their individual lifestyles (referred to collectively as the "Services"). The term Alpha Coach shall mean and include its subsidiaries and affiliates ("Subsidiaries and Affiliates") and to that extent they are bound by the terms of this Agreement.
By accessing the Site or the App at your option, registering thereon and thereafter using the Services as a member or guest, you agree to be bound by this Agreement and the terms contained in it. This Agreement governs your access and use of this Site/App and applies to all visitors, users and others who access the Service("Users"). If you do not agree with the terms contained in this Agreement, you are not permitted to use this Site/ App. Alpha Coach will not be liable for any consequences arising from your unauthorized use.
1.1. InitialAccess - Access to the Services, without becoming a Member, is provided by us ona temporary basis and for promotional purposes, and we reserve the right to:(i)withdraw or amend the promotional features (within the Services) that weprovide on our Site/App; and/or (ii) restrict your access to some partsof/entirety of our Site/App from time to time without prior notice to you. We shallnot be liable for exercising our right set forth hereunder.
1.2. Full Access - Toaccess the Services, you will need to register on the Site/ App and be able toaccess after a “Member” account is created for you. Your account gives youaccess to the Services and functionality that we may establish and maintainfrom time to time and in our sole discretion on the Site. Once you completeregistration on the Site/App, we provide you with complete access of theSite/App the Site/App:
1.2.1. allows youto view the Site/ App and post content on the Site/ App;
1.2.3 allows youto make use of the Services on the Site/ App subject to these terms andconditions.
By using the Services and completing the registration process, you represent and warrant that: (a) all the data provided by you is accurate and complete; (b) you shall maintain the accuracy of such information, and any changes thereto by regular updating of any such information; (c) you affirm that you are over 18 (eighteen) years of age and are fully able and competent to enter into, abide by and comply with this Agreement; (d) you are competent in accordance with applicable laws to enter into a binding contract and are nota person barred from receiving the Services under applicable laws; and (e) you are entitled to use the Site/ App in compliance with applicable national and international laws. We shall not be liable for any injury, damage or other consequence, health related or otherwise arising out of any inaccuracy in the representation provided by you on the Site/App.
3.1. Alpha Coach grants you permission to use the Services as set forth in this Agreement, provided that: (i) you will not copy or distribute, any part of the Services in any medium or in any manner whatsoever without Alpha Coach’s explicit authorisation in this regard; (ii) you will not alter or modify any part of the Services other than as may be reasonably necessary to use the Services for its intended purpose; and (iii) you will otherwise comply with the terms and conditions of this Agreement.
3.2. Upon completing the registration process, you will be provided with a user identification code, password, or any other piece of information, as part of our security procedures. You must treat such information as confidential, and you must not disclose it to any third party. You also agree to ensure that you exit/log out from your account at the end of each session. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of this Agreement. You will immediately notify Alpha Coach of any unauthorized use of your password or user identification code, by sending details of such unauthorized use to: firstname.lastname@example.org.
3.3. You are responsible for making all arrangements (hardware, software, etc.) necessary for you to have access to our Site/App and thereby the Services. You are also responsible for ensuring that any persons who access our Site/App and there by the Services through your account are aware of these terms, and that they comply with them. You are also solely responsible and liable to Alpha Coach for all activities that take place or occur under your account from your devices. You agree that your ability to log into your account is dependent upon external factors such as internet service providers and internet network connectivity and we shall not be liable to you for any damages arising from your inability to log into your account.
3.4. Whenever you make use of the Services (or any feature or part of the Services) that allows you to upload material on the Site/ App, or to make contact with other users/trainers of our Site/ App, you must ensure that your contribution must not (“Content Standards”):
3.4.1. belong to another person and contain any information that breaches his privacy;
3.4.2. Be defamatory, obscene, offensive, pornographic, hateful, harmful, harassing, defamatory, vulgar, lewd, blasphemous, lascivious, invasive of another’s privacy, racially, ethnically or otherwise objectionable or inflammatory, disparaging, relating or encouraging money laundering or gambling or violating laws of any jurisdiction (including data protection laws);
3.4.3. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
3.4.4. infringe any intellectual property including copyright, database right or trademark of any other person;
3.4.5. be in violation of any legal duty owed to a third party, terms of a contract or confidence;
3.4.6. be likely to harass, upset, embarrass, alarm, or annoy any other person or be harmful to minors;
3.4.7. impersonate any person, or misrepresent your identity or affiliation with any person;
3.4.8. advocate, promote, incite any third party to commit, or assist any unlawful or criminal act;
3.4.9. Contain a statement which you know or believe, or have reasonable grounds for believing, that if published is likely to directly or indirectly encourage or induce others to commit, prepare or instigate such person to commit an acts of terrorism;
3.4.10. be such that it is known by you to be false, inaccurate, or misleading;
3.4.11. contain any computer viruses, any code, worms or other potentially damaging or limiting the functionality of any computer programs or files.
3.4.12. threatens the unity, integrity, sovereignty of India, friendly relations with foreign states or public order or is insulting to another nation.
3.5.1. Distribute, sell, supply, modify, adapt, amend, incorporate, merge, or otherwise alter the Services and all content provided to you as part of the Services or the Site/App;
3.5.2. Attempt to decompile, reverse engineer, or otherwise disassemble any Service or content provided to you as part of the Services or the Site/App;
3.5.3. Attempt to copy any software provided to you as part of the Services or the Site/App and its source code, or attempt to decrypt any part of such software that is provided to you;
3.5.4. Create any derivative work or version of any software provided by us in relation to or to facilitate your use of the Services or any content provided as part of the Services;
3.5.5. Remove, from the Services or any content provided as part of the Services, any logo, copyright or proprietary notices, legends, symbols, labels, watermarks, signatures, or any other like marks affixed to or embedded in the Services;
3.5.6. Use the Services or any part of it to create a false identity, to impersonate any person or organization, or attempt to disguise the origin of any content;
3.5.7. Use any of Alpha Coach’s domain name as a pseudonymous return email address;
3.5.8. Access or use the Site/App in any manner that could damage, disable, overburden, or impair any of the Site/App’s servers or the networks connected to any of the servers on which the Site/ App is hosted;
3.5.9. Access or attempt to access any content that you are not authorized to access by any means;
3.5.10. Access the Site/ App through any other means other than through the interface that is provided by us;
3.5.11. Alter or modify any part of the Services; and
3.5.12. Disrupt or interfere with the security of, or otherwise cause harm to the Site/ App, materials, system resources, or gain unauthorized access to the user accounts, passwords, servers or networks connected to or accessible through the Site/App or any affiliated linked sites.
3.6.1. we may at our discretion take down any such content immediately;
3.6.2. immediate, temporary, or permanent withdrawal of your right to use the Services and simultaneous termination/suspension of your account on the Site/App;
3.6.3. immediate, temporary, or permanent removal of any other content/contribution already posted on the Site/App, upon your failure to cure the breach that is brought to your notice;
3.6.4. initiate legal proceedings against you seeking legal, injunctive, or other equitable remedy; and
3.6.5. disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
3.7. Upon termination/suspension of your account, you will no longer be able to access your account or any content or data you have stored on the servers (other than through remedy available under applicable data protection legislation. All licenses granted to you by Alpha Coach to the Site/App or the Services will automatically terminate.
4.1. In addition to the data that we collect when you visit our Site, we collect some more data when you register yourself as a ‘Member’ and/or avail our Services. Such personal information (“Personal Information”) collected include the following:
4.1.1. Your name, age, gender, phone number, e-mail address, mailing address;
4.1.2. Your height, weight, lifestyle, food preferences, medical conditions (if any), health goals or other fitness regimes;
4.1.3. Your ethnicity, genetics, health, or sexual orientation;
4.1.4. Username or other relevant unique identifiers;
4.1.5. Credit card/debit card/other payment mode used by you on the Site/App/payment gateway;
4.1.6. Your location (unless you deactivate location services);
4.1.7. What device you use to access the Website/App and its details (model, operating system, etc.); and
4.1.8. Your pictures, videos, progress statistics, charts, and other related metrics for tracking progress
4.1.9. You agree and hereby specifically allow Alpha Coach to use your information for promotion and marketing of our programs.
4.2. The Personal Information collected and processed with your consent or under a contract or to serve our legitimate business interest (such as: direct marketing). The following are examples of how we may use your Personal Information to:
4.2.1. Provide you the Services availed by you;
4.2.2. our using your contact details to send you Service-related notices (change in features, special offers, advertisements, etc.) or any notices required by law. You may use your settings to opt out of Service-related communications; and
4.2.3. to contact you from time to time, to provide you updates and advice relating of your progress on the App and the usage of our Services, and relating to any new promotions and sales opportunities on the App.
5.1. We are not responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other User of the Services.
5.3. We have the right to investigate and prosecute for the violations of the terms and conditions of this Agreement to the fullest extent of the law and may involve and cooperate with law enforcement authorities in prosecuting Users who violate the terms and conditions of this Agreement.
5.4. While we have no obligation to monitor your access to or your use of the Services (or any feature or part of the Services), we have the right to do so for the purpose of operating the Site/ App and providing the Services, to ensure your compliance with the terms and conditions of this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. However, we have the right to disclose your identity to any third party who validly claims and provides evidence that any material posted or uploaded by you to our Site/App constitutes a violation of their intellectual property rights, or of their right to privacy.
5.5. Subject to the receipt of a complaint from a User, we have the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse, or remove any or all content from any Service. For some of the Services, Alpha Coach may (but shall be under no obligation to) provide tools to filter out explicit sexual content or any content which it deems to be unsuitable at its sole discretion.
5.6. We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to: (a) satisfy any applicable law, regulation, legal process or governmental request; (b) enforce the terms and conditions of this Agreement, including investigation of potential violations hereof; (c) detect, prevent, or otherwise address fraud, security or technical issues; (d) respond to user support requests; or (e) protect the rights, property or safety of Alpha Coach, its Users and the public. Alpha Coach shall not be responsible or liable for the exercise or non-exercise of its rights under the terms and conditions of this Agreement in this regard.
5.7. We reserve the right to introduce or change the prices of all Services upon 30 (thirty) days’ notice from us. Such notice may be provided at any time by posting the changes to the terms and conditions of this Agreement regarding use or the Services on the Site/App itself.
5.8. Alpha Coach shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Services.
6.1. A search using the Services may produce results and links to sites and content that you may find objectionable, inappropriate, or offensive and we accept no liability of responsibility for any such content. It is also possible that your use of the Services will result in you receiving information regarding products, merchants, and links to Sites of third parties selling the product information requested by you. Alpha Coach hereby disclaims any and all responsibility and liability associated with the same. You acknowledge and agree that Alpha Coach is not liable for any loss or damage which may be incurred by you as a result of the availability of such external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
6.4. While our workout and nutrition recommendations consider several factors specific to each individual, including anthropometric data, fitness goals and lifestyle factors, we are not a medical organization, and our recommended workout plans and specific exercises should not be misconstrued as medical advice, prescriptions, or diagnoses.
6.5. Your correspondence or business dealings with, or participation in promotions of, advertisers found on the Site/App or through the Service , including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser or vendor. You agree that, save as set out herein, Alpha Coach shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or the vendors through the Site/App.
6.6. The Services may provide, or third parties may provide, links to other web sites or resources. Given that we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
6.7. You agree that your use of the Site/App and the Services shall be at your sole risk. You expressly understand and agree that, to the maximum extent permitted by applicable law, the Site/App and the Services are provided on an “as is” and “as available” basis for your use, without warranties of any kind, express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising from course of dealing or usage of trade. Alpha Coach shall use all reasonable endeavours to ensure that the Services are uninterrupted but it does not guarantee or warrant that: (i) the Services will meet your specific requirements; (ii) the Services will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the Services will be accurate or reliable; and (iv) the quality of any Products, services, information, or other material purchased or obtained by you through the Services will meet your expectations; and (v) any errors in the Services will be corrected.
6.8. If you are older than 35 (thirty five) years of age, or if you have not been physically active for more than 1 (one) year, or if you have any medical history that may put you at risk, including, without limitation, one or more the following conditions, you are required to seek approval from a qualified health care practitioner prior to using the Services:
6.9. You should discontinue exercise in cases where it causes pain or severe discomfort and should consult a medical expert prior to returning to exercise in such cases. We reserve the right to deny you access to the Services for any reason or no reason, including if we determine, in our sole discretion, that you have certain Medical Conditions. By purchasing an online coaching package from Alpha Coach, you confirm that:
6.9.1. you are physically able to undertake an exercise program with Alpha Coach and that none of the Medical Conditions apply to you; or
6.9.2. If one of the Medical Conditions does apply to you or you have knowledge of any pre-existing medical conditions, that you have sought medical advice and a medical practitioner has confirmed that you are physically able to undertake such program with Alpha Coach.
For the purpose of this clause only “Medical Conditions” shall include any of the following:
6.10. The content of the Site/App, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute/substitute professional medical advice, diagnosis, treatment or recommendations of any kind. You should always seek the advice of your qualified heath care professionals with any Questions or concerns you may have regarding your individual needs and any medical conditions. You agree that you will not under any circumstances disregard any professional medical advice or delay in seeking such advice in reliance on any content provided on or through the Site/App. Reliance on any such content is solely at your own risk.
6.11. The content provided on or through this Site/ App regarding drug or dietary supplements have not been evaluated or approved by any regulatory authority.
6.12. Physical exercise can be strenuous and subject to risk of serious injury. Accordingly, Alpha Coach recommends that you obtain a physical examination from a doctor before using any exercise equipment or participating in any exercise activity. You agree that by participating in physical exercise or training activities, you do so entirely at your own risk. Any enhancement products are entirely your responsibility and you should consult a physician or other expert practitioner as the case may be prior to undergoing any dietary or food supplement programme or changes. You further hereby agree that you are participating in these activities of your own volition and initiative and that by using the advice of Alpha Coach, you hereby acknowledge and assume all risks of injury, illness, or death. Any advice or information provided by Alpha Coach or its coaches is for informational purposes only and should not replace the advice of your doctor. Fitness and nutritional advice are subject to constantly evolving knowledge in relation to health, nutritional and sports science. Although we base our coaching and nutritional tips on current studies and knowledge, we do not guarantee that these reflect the most up to date research findings.
6.13. You acknowledge that you have carefully read the terms and conditions of this Agreement and fully understand that they include and incorporate a comprehensive and binding release of liability by you in respect of Alpha Coach and its employees, directors, officers and any appointed or contract trainer(s) and/or instructor(s). Under the terms herein, you expressly agree to release and discharge the said trainer(s) and/or instructor(s) (and/or employees, directors or officers of Alpha Coach) from any and all claims or causes of action and you agree to give up, release or waive any right that you may otherwise have to bring any such legal action against the trainer(s) and/or instructor(s) (and/or employees, directors or officers of Alpha Coach) for personal injury or property loss or damage.
6.14. It is your responsibility to send your weekly check-in and maintain contact with your allocated trainer. If the trainer does not hear or receive check-ins from you, they are not obliged to follow up with or chase you.
6.15. For the avoidance of doubt, to the extent lawfully permitted, the release and waiver set out in clause 2 above includes any action under the tort of negligence (whether such negligence is founded in statute, common law or otherwise).
6.16. If any portion of this release from and waiver of liability shall be deemed by a Court of competent jurisdiction to be invalid, then you agree that the clauses and provisions of the terms and conditions of this Agreement are severable where permitted and that the remainder of this release from and waiver of liability shall remain in full force and effect and the offending provision or provisions shall be severed here from accordingly.
6.17. Results from our online personal training and nutritional advice will vary and we cannot guarantee an exact or specific outcome.
7.1. All right, title, and interest in usage of the terms of this Site, including but not limited to all texts, graphics, user interfaces, visual interfaces, computer code and any other information associated therewith are reserved by us.
7.2. All right, title, and interest in and to the Services (excluding your Content) are and will remain the exclusive property of Alpha Coach Wellness Products and Services Private Limited and its licensors. Any use of this Site/ App or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of Alpha Coach Wellness Products and Services Private Limited.
7.4. By accepting the use of terms hereunder you agree that the Alpha Coach does not transfer/assign the title to the Site/App to you, and nothing in the terms and conditions of this Agreement shall imply or be deemed or construed to mean that any right, title and interest (including but not limited to intellectual property rights) stands transferred/assigned to you by Alpha Coach, we retain the full and complete right, title and interest to the Site/App, and all intellectual property, title and interest to the Site/App, and all intellectual rights therein. You may not redistribute, sell, decompile, reverse engineer, dissemble, or otherwise reduce the Site/App in any manner which is contrary to this Agreement.
7.5. Any usage of Alpha Coach’s contents, without the written authorization of Alpha Coach, shall be considered a breach of this Agreement, and you shall be required indemnify Alpha Coach for all liability incurred in this regard.
7.6. Subject to the terms and conditions of this Agreement of use set forth in this Agreement, Alpha Coach grants you a non-transferable, non-exclusive, non-sublicensable limited right and license for you to access and use the Services solely for the purpose permitted i.e. posting User Content, using the Site/App to avail the Services.
7.7. By Posting any User Content on the Site/App, you expressly grant, and you represent and warrant that you have a right to grant, to Alpha Coach a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Services, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Site/App and under this Agreement. You understand that Alpha Coach, in performing the required technical steps to provide the Services to our users, may: (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit Alpha Coach to take these actions. You confirm and warrant to Alpha Coach that you have all the rights, power, and authority necessary to grant the above license.
7.8. You are solely responsible for your contributions to any online forum Alpha Coach may offer through or as part of the Services (“Community Participation”), such as and without limitation, responses to blog postings, bulletin board postings, and other contributions to online discussions. By submitting to Community Participation you: (a) represent to Alpha Coach, in each instance, that you either own or have the right to display or transmit each and every element of your Community Participation, and that your submission will not violate the legal rights or interests of any person or entity; and (b) grant to Alpha Coach a perpetual, irrevocable, royalty free license to use your Community Participation, in each instance, as a whole or in any part, for any business purpose, including without limitation, promotional, marketing and training purposes.
8.1. Certain aspects of the Services may be provided for a consideration (“Subscription Fee”), which shall vary depending on the minimum commitment period for which you will sign up for (“Lock-In Period”). If you elect to use paid aspects of the Services, you agree to the terms of sale, pricing, payment, and billing policies applicable to such Subscription Fee. Alpha Coach may add new services for additional fees and deposit, or amend Subscription Fee for existing services, at any time in its sole discretion.
8.2. The Subscription Fee structure for each online training package (which includes GST) can be found on this Website/App. The Deposit paid forms part of the price payable for an online coaching package.
8.3. We accept payment by credit card, debit card, net banking and/or other modes of payment accepted on our payment gateway “Stripe”. Payment details, together with details of the online coaching package applied for, shall be collected by use through a secure financial data collection mechanism of Reserve Bank of India registered payment system.
8.4. Following the expiry of the Lock-In Period, your subscription shall continue on a monthly rolling basis, payable by monthly instalment at the same rate which was paid by you during the Lock-In Period. You agree to pay the rolling Subscription Fee until such a time as you decide to terminate such membership by giving appropriate notice to Alpha Coach, as per the terms of your Membership Agreement. The notice period for cancellation applies only until the date that your next monthly instalment would have been due.
8.5. Once the Subscription Fee for online training has been paid for, you agree that such payment is non-refundable.
8.6. You agree not to engage any active Alpha Coach appointed trainer or instructor in a private manner following the expiry or termination of any package that you contractually subscribe to.
8.7. It is your responsibility to promptly provide Alpha Coach with any contact or billing information changes or updates (including phone number, email address, credit card numbers, etc.). Alpha Coach does not validate all information required by the Customer's payment provider to secure payment.
8.8. Should you choose to upgrade any of the Services provided, payment will be charged to your credit/debit card and net banking or other payment method accepted on Stripe. Please note all in-app purchases in excess of Rs. 2,000 (Rupees Two thousand) per transaction shall be subject to additional factor authentication as mandated by the Reserve Bank of India.
9.1. You agree to defend, indemnify and hold harmless Alpha Coach, its officers, directors, shareholders, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service and/or the Site/ App; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation, any copyright, property, or privacy right; or (iv) any claim that your User Content caused damage to a third party. This indemnification obligation will survive this Agreement and your use of the Service and/or the Site/App.
9.2. The material displayed on our Site or App is provided without any guarantees, conditions, or warranties as to its accuracy. Alpha Coach is not liable for:
9.2.1. conditions, warranties, and other terms, which might otherwise be implied by statute, common law, or the law of equity;
9.2.2. Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Services, our Site/ App or in connection with the use, inability to use, or results of the use of the Services or our Site/ App, any Sites linked to it and any materials posted on it, including, without limitation any liability for:
9.2.3. Our liability to you shall under all circumstances be limited to a maximum of the amount paid by you (if any) at the time of registration on our Site/ App to use the Services.
10.1. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any Site that is not owned by you.
10.2. Our Site/ App must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The Site/App from which you are linking must comply in all respects with the content standards set out in the terms and conditions of this Agreement.
10.3. These linked sites are under no way in control of Alpha Coach and we shall not be held responsible for the contents of any linked sites, including without limitation to any link contained in the linked site or any changes or updates to linked site. We shall not be held responsible for any transmission whatsoever received by you from any linked site. The Site/ App provides links to you only as a convenience and the inclusion of any link does not imply endorsement by us or any association with its operators or owners. You are requested to verify the accuracy of all information on your own before relying on such information.
10.4. If you wish to make any use of material on our Site/ App other than that set out above, please address your request to email@example.com.
11.1. Alpha Coach shall not be liable for any failure to perform or delay in performance of any of its obligations (other than payment obligations for the Service rendered) under this Agreement due to Force Majeure. For the purpose of this clause, “Force Majeure” shall mean fire, explosion, flood, earthquake, Act of God, act of terrorism, war, rebellion, riots, sabotage, strike, lockout, stoppage of work, aggravated epidemic, aggravated pandemic, failure or diminishment of power or other services not under the control of either of the Parties, governmental or military acts or orders or restrictions, terrorist attack or any such events or circumstances which are wholly outside the control of the party affected thereby.
11.2. Alpha Coach will use all reasonable endeavours to mitigate the effect of Force Majeure. Should an event of Force Majeure continue for a period of longer than forty-five (45) consecutive days and Alpha Coach is still unable to perform its obligation, then Alpha Coach may terminate this Agreement upon notice to you without being liable for any compensations or claims.
11.3. Nothing contained in this agreement should be used as an excuse to delay payment of any dues owed to any Party under this Agreement.
1.1. Thejurisdictional court of Mumbai, India shall have sole jurisdiction over anyclaim arising from, or related to, a visit to / use of the Site/ App or theServices. In case you are from a different country, we retain the right tobring proceedings against you for breach of any of the terms and conditions ofthis Agreement in your country of residence, country of use or other relevantcountry. The laws of Mumbai, Maharashtra, India govern this Agreement and theseterms and conditions of use of the Services.
1.2. Alpha Coachaccepts no liability whatsoever, direct or indirect, for noncompliance with thelaws of any country other than that of India, the mere fact that Site/ App canbe accessed or used or any facility can be availed of in a country other thanIndia will not imply that we accede to the laws of such country.
If you have any questions or complaints about the online training package, the Website/ the App and their contents please contact us at firstname.lastname@example.org.
In consideration of the mutual promises and covenants made herein, the Parties hereby agree as follows:
1. Service and Fees: Upon payment of the fees (“Subscription Fees”) set forth in Schedule 1, the Company has agreed to provide the services, grant membership of and allow access to use the online training programs run by the Company on its online forum viz. its website and mobile application (“Forum”) in the manner set forth in Schedule 1 (“Services”).
3. Rules and Regulation: Member agrees and acknowledges that he shall always adhere to the rules governing the use of the Forum and the rules for availing the Services, as more particularly set forth in Schedule 2 (the "Rules"). The Member hereby agrees to adhere to the Rules as they are presently in effect or as they may hereafter be modified, amended, or supplemented by the Company, from time to time, in its sole discretion. The Company may cancel the Member's membership and/or terminate this Agreement, at any time for breach of any of the Rules, as determined by the Company in its sole discretion, and the Member will not be entitled to a refund of any portion of the Subscription Fees or other dues paid by him up to the date of cancellation/termination.
4. Representations: Both Parties agree that they are duly authorised and competent to execute this Agreement and performance of their respective obligation under this Agreement is not in violation of any applicable law or contract. The Company makes no other representations or warranties to Member, either expressly or impliedly, unless expressly set forth in this Agreement. The Member, however additionally, represents and warrants to the Company that the Member is in good physical condition and has no medical reason or impairment that could prevent him from his or her intended use of the Forum or availing of the Services.
5. Indemnity: The Member agrees to indemnify and hold harmless the Company and/or its affiliates, respective officers, directors, shareholders, employees, agents, successors and/or assigns from any loss, harm, damage suffered by them due to: (a) any actual and alleged breach by him of any provisions of this Agreement, the T&Cs and the Rules; and/or (b) any damage to Forum and/or any information contained thereon caused by the Member. The Member understands that any breach of the provisions of this Agreement, the T&Cs and the Rules will cause irreparable injury to the Company and the Company may not be adequately compensated monetarily and therefore in addition to any other relief, which is available to Company, the Company shall be entitled to seek equitable relief of any kind; including, injunctive reliefs or restraining order against the Member and/or any other third party.
6. Waiver of Liability: The Member acknowledges that the use of the Company's Forum, merchandise, Services, and programs (including personal training) involves an inherent risk of personal injury to the Member (“Injury”). Member voluntarily agrees to assume all risks of Injury to himself and/or resultantly his family members, guests or invitees and hereby waives any and all right to seek claims or initiate actions against the Company and/or its affiliates, respective officers, directors, shareholders, employees, agents, successors and/or assigns for any such Injury. No person or entity shall be liable to the Member and/or his family members, guests or invitees for any such Injury; including, but not limited to: (i) Injuries arising from availing the Services, using of the Forum and/or any exercise equipment, machines, steaming booths, hot tubs, spas, saunas, showers and dressing rooms (collectively “Equipment”); (ii) Injuries arising from participation in supervised or unsupervised activities and programs within the Forum (whether at the using any Equipment or not), (iii) Injuries arising from the Company’s negligence, whether direct or indirect; (iv) Injuries, disease, infection or medical disorders resulting from using the Forum, any Equipment or from availing the Services; including, but not limited to diseases, ailments, heart attacks, strokes, heat stress, sprains, broken bones and torn or damaged muscles, ligaments or tendons; and (v) accidental Injuries while using the Forum; including, incidents due to usage of the Equipment. Member also waives all claims against Company and/or its affiliates, respective officers, directors, shareholders, employees, agents, successors and/or assigns for any claims that the Member may have under any of the applicable laws due to the aforementioned Injuries.
7. Term and Termination: Unless prematurely terminated earlier as per the terms of this Clause, this Agreement shall be effective from the Effective Date, and continue to be in force for (i) the minimum commitment for which the Member enrolls for i.e. either 1 (one) month, or 3 (three) months, or 6 (six) months or 12 (twelve) months; and (ii) such period exceeding the minimum commitment for which Member keeps paying his Subscription Fees (“Term”). The Member shall be locked in for at least the minimum commitment period for which the Member enrolls for i.e. either 1 (one) month, or 3 (three) months, or 6 (six) months or 12 (twelve) months from the Effective Date (“Lock-In Period”). Cancellation of membership would lead to automatic termination of this Agreement.
Termination by Company - Upon violation of any of the provisions of this Agreement, T&Cs and/or the Rules, the Company shall be entitled to terminate this Agreement immediately and without prior notice to the Member. The Company may terminate this Agreement for convenience and without any cause by giving 7 (seven) days prior notice.
Termination by the Member - The Member shall, have the right to terminate this Agreement and/or cancel his membership, only after the expiry of the Lock-in Period, by filling the ‘Cancellation Form’ and submitting it at the Forum, at least 7 (seven) days prior to the intended date of his cancellation of membership and/or termination of this Agreement. If the Member terminates this Agreement during Lock-In Period, he shall not be entitled to receive any refund of any portion of the Subscription Fees or other dues or benefits under this Agreement and the T&Cs, unless he is suffering from inability due to medical conditions (certified by a doctor and was not known to his prior to the Effective Date) or there is gross negligence, misconduct or fraud on the Company’s part.
Assignability – Company shall be permitted to assign any or all its rights under this Agreement to any of its affiliate(s) without the prior consent of the Member. The Member shall not assign any of its rights under this Agreement to any person.
Notices – Notices may be sent by hand delivery, courier, registered post with acknowledgement due or by email to the address of the parties provided herein.
Suppression and Amendments- This Agreement supersedes all previous verbal and/or written communications. Amendment to this Agreement shall not be valid or binding unless set forth in writing and duly executed by both the Parties to this Agreement.
No partnership or Agency- The Parties expressly agree that nothing contained herein shall be deemed to create any association, partnership, joint venture or relationship of principal and agent or master and servant or employer and employee between the Parties hereto.
Governing Law and Jurisdiction - This Agreement shall be government and construed in accordance with the laws of Maharashtra, India. In the event of any dispute, legal action or proceedings arising out of or in connection with this Agreement, each Party irrevocably submits to the jurisdiction of courts in Mumbai, Maharashtra.
Force Majeure - The Company shall not be liable for any failure to perform or delay in performance of any of its obligations (other than payment obligations for the Service rendered) under this Agreement due to Force Majeure. The Company will use all reasonable endeavours to mitigate the effect of Force Majeure. Should an event of Force Majeure continue for a period of longer than 45 (forty-five) consecutive days and the Company is still unable to perform its obligation, then the Company may terminate this Agreement, upon giving immediate notice to the Member, without being liable for any compensations or claims. Nothing contained in this Agreement should be used as an excuse by the Member to delay payment of any dues owed to the Company under this Agreement.
For the purpose of this clause, “Force Majeure” shall mean fire, explosion, flood, earthquake, Act of God, act of terrorism, war, rebellion, riots, sabotage, strike, lockout, stoppage of work, aggravated epidemic, aggravated pandemic, failure or diminishment of power or other services not under the control of either of the Parties, governmental or military acts or orders or restrictions, terrorist attack or any such events or circumstances which are wholly outside the control of the party affected thereby.
Survival - The provisions of Clause 4 (Representations), 5 (Indemnity), 6 (Waiver of Liability), 7 (Term and Termination) and this Clause 8 (Miscellaneous) and any other provision which expressly or by their nature should survive termination shall survive termination of this Agreement.
Execution - This contract shall be considered as executed, effective and binding upon the Member signing up for our services and making the payment of relevant Fee.
1. The Member has agreed to avail the following Services:
2. The Services to be provided by the Company shall commence from the date of first payment of Subscription Fee (“Start Date”). The Company may, in its sole discretion, provide the first-time subscribers with free products and the Member may use such products with or without the Services at its sole discretion. The Member acknowledges and agrees that use of such free products are not considered to be part of the Services under this Agreement and are not supported by any liabilities and/or obligations on the Company under this Agreement. The Company may discontinue such free products at any time in its sole discretion. The Company expressly disclaims all obligations or liabilities with respect to free products, including any support, warranty and indemnification obligations.
3. The rate of the Subscription Fee during the Lock-In Period shall be determined on the basis of the minimum commitment period or Lock-In Period for which the Member subscribes to the Services.
4. Following the expiry of the Lock-In Period, the Member shall be entitled to continue his membership for as long as he intends by paying his Subscription Fee on a monthly rolling basis, at the same rate which was paid by him during the Lock-In Period.
5. The Member shall continue to pay his Subscription Fee on a monthly rolling basis, for the entire Term, until either Party decides to give the other Party a written notice to discontinue and terminate this Agreement in accordance with the provisions of Clause 7 of this Agreement.6. The invoice for the monthly Subscription Fee charged shall be sent to the Member via email sent by the Company.
Timing – The working hours (“Working Hours”) of the trainers/coaches will be determined by the Company in accordance with the applicable law and Company’s employment policy and may be altered by the Company at any time in its sole discretion. The Working Hours and any alteration thereto shall be notified to the Members from time to time. The trainers/coaches will attend to the Members for training/resolving queries only during Working Hours. Online training programs are subject to cancellation or change at short notice. It is the responsibility of Members to confirm the timings of the online training programs by checking the website and/or the mobile application.
Usage of the Forum–Subject to the terms of this Agreement, the T&Cs and these Rules, the Member is entitled to use the Forum at will. The Company is not obligated to continue any online training programs, online facilities as part of its contractual obligations and may discontinue, change or modify the same in its sole and absolute discretion. The Company expressly reserves the right to add, eliminate, or alter any online training program or its schedule, when deemed necessary or desirable, at its sole discretion.
Medical Advice - The Member acknowledges that the Company has not given the Member any medical advice before or at the time the Member joined the Forum and the Company cannot give the Member any such advice after the Member joins the Forum, whether related to the Member's physical condition and/or the Member's ability to use the Forum and/or avail the Services. Member acknowledges and agrees that Member will discuss any health or medical concerns with Member's physician or other health professional prior to and while using the Forum and/or availing the Services.
By joining the online Forum, Members agree to abide by the following Code of Conduct:
1. Do any act, say, post or upload anything which is defamatory, obscene, offensive, hateful, harmful, harassing, defamatory, vulgar, lewd, blasphemous, lascivious, invasive of another’s privacy, racially, ethnically or otherwise objectionable or inflammatory, disparaging, relating or encouraging money laundering or gambling or violating any applicable laws of any jurisdiction. Violation of this will lead to instant cancellation of membership
2. Engage in any act of fraud, embezzlement, theft, any other crime, moral turpitude, dishonesty, misdemeanor, or misbehavior. Violation of this will lead to instant cancellation of membership.
3. Adhere to the Company’s Policy on ‘Sexual Harassment’ both online as well as offline. Violation of this will lead to instant cancellation of membership.
4. Do any engage in any act which tarnishes, prejudices or damages the reputation of or embarrasses or adversely impact the operations, revenues, goodwill or reputation of the Forum (i.e. the website and/or the mobile application), the Company and/or its affiliates, respective officers, directors, shareholders, employees, agents, successors and/or assigns. Violation of this will lead to instant cancellation of membership. Any feedback/complaints should be submitted in writing addressed to the Forum’s administration in person or via email at email@example.com.
5. Membership access accorded to Members on the Forum are for use by the individual registered Members only and are not to be lent to anyone else for use at any time. Members should ensure that they do not share their username, password or one-time password with anyone or do any act which entitles a third party to access the Forum obtained by the Member.
6. If you are not an experienced weights user then you should send your videos to coach for reviewing the workout form.
7. While posting pictures/video on the online Forum, Members are requested to wear appropriate clothing that may not hurt the sentiments of others.
8. The Member shall at all times:
(i) make any payment to us when it is due or make the payment within 7 (seven) days of receipt of notice of payment being due from the Company;
(ii) not cancel/withhold/stop the payment of the Subscription Fee or attempt to do so or direct his bank/payment gateway to do so prior to completion of minimum commitment period i.e. the Lock-in Period, for a cause or otherwise.
(iii) within a reasonable time of the Company or the trainer asking for it, provide the Company or the trainer with information that is necessary for them to provide the online training related Services; and
(iv) respond to the communications made by the trainer and/or the Company.
Note: In the event of Members breach of the Code of Conduct, they agree to indemnify the Company for any loss or damage faced by the Company and/or its affiliates, respective officers, directors, shareholders, employees, agents, successors and/or assigns, as a consequence of their action. In the event of any breach of any of the aforesaid Code of Conduct, the Company may in addition to seeking indemnity take any other action as they may deem necessary, depending on the nature and severity of the breach; including, but not limited to taking disciplinary action, blocking access/suspension from the Forum, cancellation of membership or initiate appropriate legal proceedings.