• You must be at least 13 years old to use the Service (16 years old if in EU due to GDPR)
• You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. With the exception of people or businesses that are expressly authorised to create accounts on behalf of their employers or clients, Physique Health Studio Pvt. Ltd. prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to Physique HealthStudio Pvt. Ltd. upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
• You agree that you will not solicit, collect or use the login credentials of other Physique Health Studio Pvt. Ltd. users.
• You are responsible for keeping your password secret and secure.
• You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service, including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
• You may not use the Service for any illegal or unauthorised purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content (defined below), including but not limited to, copyright laws.
• You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and videoclips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, “Content”) that you submit, post or display on or via the Service.
• You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with theService or Physique Health Studio Pvt. Ltd. .
• You must not access Physique Health Studio Pvt. Ltd.’s private API by means other than those permitted by Physique Health Studio Pvt. Ltd. .
• You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a “spam”) to any Physique HealthStudio Pvt. Ltd. users.
• You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any PhysiqueHealth Studio Pvt. Ltd. page is rendered or displayed in a user’s browser or device.
• You must not create accounts with the Service through unauthorised means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
• You must not attempt to restrict another user from using or enjoying theService and you must not encourage or facilitate violations of these Terms ofUse or any other Physique Health Studio Pvt. Ltd. terms.
• We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you. You can deactivate your Physique Health Studio Pvt.Ltd. account by using our deactivation services.If we terminate your access to the Service or you use the form detailed above to deactivate your account, your photos, comments, likes, friendships, and allother data will no longer be accessible through your account (e.g., users will not be able to navigate to your username and view your photos), but those materials and data may persist and appear within the Service (e.g., if yourContent has been re-shared by others).
• We reserve the right to refuse access to the Service to anyone for any reason at any time.
• You are solely responsible for your interaction with other users of theService, whether online or offline. You agree that Physique Health Studio Pvt. Ltd. is not responsible or liable for the conduct of any user. Physique Health Studio Pvt. Ltd. reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post Content or any personal or other information.
• There may be links from the Service, or from communications you receive from the Service, to third-party websites or features. There may also be links to third-party web sites or features in images or comments within the Service. TheService also includes third-party content that we do not control, maintain or endorse. Functionality on the Service may also permit interactions between theService and a third-party web site or feature, including applications that connect the Service or your profile on the Service with a third-party web site or feature. For example, the Service may include a feature that enables you to share Content from the Service or your Content with a third party, which may be publicly posted on that third party’s service or application. Using this functionality typically requires you to login to your account on the third-party service and you do so at your own risk. Physique Health Studio Pvt. Ltd. does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that Physique Health Studio Pvt. Ltd. is in no way responsible or liable for any such third-party services or features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICE ARE SOLELY BETWEEN YOUAND THE THIRD PARTY. You may choose, at your sole and absolute discretion and risk, to use applications that connect the Service or your profile on theService with a third-party service (each, an “Application”) and suchApplication may interact with, connect to or gather and/or pull information from and to your Service profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information, you are consenting to information about your profile on the Service being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if Physique Health Studio Pvt. Ltd. has not itself provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold the Physique Health Studio Pvt. Ltd. Parties (defined below) harmless for activity related to the Application.
• You agree that you are responsible for all data charges you incur through use of the Service.
• We prohibit crawling, scraping, caching or otherwise accessing any content on the Service via automated means.
• You retain your rights to any Content you submit, post or display on or through the Services.
• In the future, some of the Service may be supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Physique Health Studio Pvt. Ltd. may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change.
• The Service contains content owned or licensed by Physique Health Studio Pvt.Ltd. (“Physique Health Studio Pvt. Ltd. Content”). Physique Health Studio Pvt. Ltd. Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Physique HealthStudio Pvt. Ltd. Physique Health Studio Pvt. Ltd. owns and retains all rights in the PhysiqueHealth Studio Pvt. Ltd. Content and theService. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Physique Health Studio Pvt. Ltd. Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the PhysiqueHealth Studio Pvt. Ltd. Content.
• The Physique Health Studio Pvt. Ltd. name and logo are trademarks of PhysiqueHealth Studio Pvt. Ltd. and may not be copied, imitated or used, in whole or inpart, without the prior written permission of Physique Health Studio Pvt. Ltd. .In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Physique Health Studio Pvt.Ltd. , and may not be copied, imitated or used, in whole or in part, without prior written permission from Physique Health Studio Pvt. Ltd. .
• Although it is Physique Health Studio Pvt. Ltd. ’s intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, Physique Health Studio Pvt. Ltd. reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from theService may continue to be stored by Physique Health Studio Pvt. Ltd.including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. PhysiqueHealth Studio Pvt. Ltd. is not a backup service and you agree that you will not rely on the Service for the purposes ofContent backup or storage. Physique Health Studio Pvt. Ltd. will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
• You agree that Physique Health Studio Pvt. Ltd. is not responsible for, and does not endorse,Content posted within the Service. Physique Health Studio Pvt. Ltd. does not have any obligation to pre screen, monitor, edit, or remove any Content. If your Content violates these Terms ofUse, you may bear legal responsibility for that Content.
Reporting Copyright and Other IP Violations
1. We respect other people’s rights, and expect you to do the same.
2. We provide you with tools to help you protect your intellectual property rights.
3. If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate.
Disclaimer of Warranties
Limitation of Liability; Waiver
UNDER NO CIRCUMSTANCES WILL THE PHYSIQUE HEALTH STUDIO PVT. LTD. PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT,ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE PHYSIQUE HEALTH STUDIO PVT. LTD. CONTENT; (C)USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE PHYSIQUE HEALTH STUDIO PVT. LTD. PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SERVICE;(F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE’S OPERATION; OR (H)ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH ORFROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT,DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE PHYSIQUE HEALTH STUDIO PVT. LTD. PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES,WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT(INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OFTHE SERVICE). IN NO EVENT WILL THE PHYSIQUE HEALTH STUDIO PVT. LTD. PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, PHYSIQUE HEALTH STUDIO PVT. LTD. , WITHOUT LIMITATION,DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE PHYSIQUE HEALTH STUDIO PVT. LTD. PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED INDIA DOLLARS ($100.00).YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF PHYSIQUE HEALTH STUDIO PVT. LTD. ’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOUTO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE,PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE PHYSIQUE HEALTH STUDIO PVT. LTD. PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION,ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT,SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE PHYSIQUE HEALTH STUDIO PVT. LTD. PARTIES. BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOUR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BYHIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” PHYSIQUE HEALTH STUDIO PVT. LTD. 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.
Time Limitation on Claims
You agree that any claim you may have arising out of or related to your relationship with Physique Health Studio Pvt. Ltd. must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
Governing Law & Venue