Terms of Use:
Last updated on 14/02/2024
Thank you for using DaashFit. These Terms of Service (the "Terms") are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the DaashFit website at www.daashfit.com (the "Site") and any related mobile or software applications ("DaashFit Platform") including but not limited to delivery of information via the website whether existing now or in the future that link to the Terms (collectively, the "Services").
These Terms are effective for all existing and future DaashFit customers, including but without limitation to users having access to 'DaashFit Owner App' to manage their claimed gyms.
Please read these Terms carefully. By accessing or using the DaashFit Platform, you are agreeing to these Terms and concluding a legally binding contract with DaashFit (MIGHTYBIT TECHNOLOGIES PRIVATE LIMITED) (hereinafter collectively referred to as "DaashFit"). You may not use the Services if you do not accept the Terms or are unable to be bound by the Terms. Your use of the DaashFit Platform is at your own risk, including the risk that you might be exposed to content that is objectionable, or otherwise inappropriate.
In order to use the Services, you must first agree to the Terms. You can accept the Terms by:
Clicking to accept or agree to the Terms of use, where it is made available to you by DaashFit in the user interface for any particular Service; or Actually using the Services. In this case, you understand and agree that DaashFit will treat your use of the Services as acceptance of the Terms from that point onwards.
"Customer" or "You" or "Your" refers to you, as a customer of the Services. A customer is someone who accesses or uses the Services for the purpose of sharing, displaying, hosting, publishing, transacting, or uploading information or views or pictures and includes other persons jointly participating in using the Services including without limitation a user having access to 'gym owner app access' to manage claimed gym business listings or otherwise.
"Content" will include (but is not limited to) reviews, images, photos, audio, video, location data, nearby places, and all other forms of information or data. "Your content" or "Customer Content" means content that you upload, share or transmit to, through or in connection with the Services, such as likes, ratings, reviews, images, photos, messages, chat communication, profile information, or any other materials that you publicly display or displayed in your account profile. "DaashFit Content" means content that DaashFit creates and make available in connection with the Services including, but not limited to, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate ratings, reports and other usage-related data in connection with activities associated with your account and all other elements and components of the Services excluding Your Content and Third Party Content. "Third Party Content" means content that comes from parties other than DaashFit or its Customers, such as Gym owners and is available on the Services.
Gym(s)
"Gym" means the gyms listed on DaashFit Platform.
1. You hereby represent and warrant that you are at least eighteen (18) years of age or above and are fully able and competent to understand and agree the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms.
2. Compliance with Laws. You are in compliance with all laws and regulations in the country in which you live when you access and use the Services. You agree to use the Services only in compliance with these Terms and applicable law, and in a manner that does not violate our legal rights or those of any third party(ies).
DaashFit may vary or amend or change or update these Terms, from time to time entirely at its own discretion. You shall be responsible for checking these Terms from time to time and ensure continued compliance with these Terms. Your use of DaashFit Platform after any such amendment or change in the Terms shall be deemed as your express acceptance to such amended/changed terms and you also agree to be bound by such changed/amended Terms.
DaashFit may provide a translation of the English version of the Terms into other languages. You understand and agree that any translation of the Terms into other languages is only for your convenience and that the English version shall govern the terms of your relationship with DaashFit. Furthermore, if there are any inconsistencies between the English version of the Terms and its translated version, the English version of the Terms shall prevail over others.
DaashFit is constantly evolving to provide the best possible experience and information to its customers. You acknowledge and agree that the form and nature of the services which DaashFit provides may require affecting certain changes. Therefore, DaashFit reserves the right to suspend, cancel, or discontinue any or all products or services at any time without notice, and to make modifications and alterations in any or all of its contents, products, and services contained on the site or app or any other entity without any prior notice.
We, the software, or the software application store that makes the software available for download may include functionality to automatically check for updates or upgrades to the software. Unless your device, its settings, or computer software does not permit transmission or use of upgrades or updates, you agree that we, or the applicable software or software application store, may provide notice to you of the availability of such upgrades or updates and automatically push such upgrade or update to your device or computer from time-to-time. You may be required to install certain upgrades or updates to the software in order to continue to access or use the services, or portions thereof (including upgrades or updates designed to correct issues with the services). Any updates or upgrades provided to you by us under the Terms shall be considered part of the services.
You acknowledge and agree that if DaashFit disables access to your account, you may be prevented from accessing the services, your account details, or any files or other content contained in your account.
You acknowledge and agree that while DaashFit may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the services, DaashFit may set such fixed upper limits at any time, at DaashFit's discretion.
In our effort to continuously improve the DaashFit Platform and services, we undertake research and conduct experiments from time to time on various aspects of the services and offerings, including our apps, websites, user interface, and promotional campaigns. As a result, some customers may experience features differently than others at any given time. This is to make the DaashFit Platform better, more convenient and easy to use, improving customer experience, enhancing the safety and security of our services and offerings, and developing new services and features.
By using DaashFit's services, you agree to the following disclaimers:
The content on these services is for informational purposes only. DaashFit disclaims any liability for any information that may have become outdated since the last update. DaashFit reserves the right to make changes and corrections to any part of the content on these services at any time without prior notice. DaashFit does not guarantee the quality of the communication,equipment,hygiene, the prices listed, or service at any gym/fitness studio or any third party entity. Unless stated otherwise, all pictures and information contained on these services are believed to be owned by or licensed to DaashFit. Please email a takedown request to info@daashfit.com if you are the copyright owner of any content on these services and you think the use of the above material violates your copyright in any way. Please indicate the exact URL of the web page or app page in your request. All images shown here have been digitized by DaashFit. No other party is authorized to reproduce or republish these digital versions in any format whatsoever without the prior written permission of DaashFit.
Any certification, licenses, or permits ("Certification") or information regarding such Certification that may be displayed on the gym's listing page on the DaashFit Platform is for informational purposes only. Such Certification is displayed by DaashFit on an 'as available' basis provided to DaashFit by the gym owner(s). DaashFit does not make any warranties about the validity, authenticity, reliability, and accuracy of such Certification or any information displayed in this regard. Any reliance by a customer upon the Certification or information shall be strictly at the customer's own risk, and DaashFit shall not assume any liability for any losses or damages in connection with the use of this information or for any inaccuracy, invalidity, or discrepancy in the Certification or non-compliance of any applicable local laws or regulations by the gym owners/members/users.
DaashFit reserves the right to charge a subscription and/or membership fee in respect of any of its product or service and/or any other charge or fee on a per-order level from customers, in respect of any of its product or service on the DaashFit Platform anytime in the future.
DaashFit may from time to time introduce referral and/or incentive-based programs for its customers (Program). These Program(s) may be governed by their respective terms and conditions. By participating in the Program, customers are bound by the Program terms and conditions as well as the DaashFit Platform terms. Furthermore, DaashFit reserves the right to terminate/suspend the customer's account and/or credits/points earned and/or participation of the customer in the Program if DaashFit determines in its sole discretion that the customer has violated the rules of the Program and/or has been involved in activities that are in contravention of the Program terms and/or DaashFit Platform terms or has engaged in activities which are fraudulent/unlawful in nature. Furthermore, DaashFit reserves the right to modify, cancel, and discontinue its Program without notice to the customer.
DaashFit may from time to time offer to customers discounts,credits, promo codes, vouchers, or any other form of cashback that DaashFit may decide at its discretion. DaashFit reserves the right to modify, convert, cancel, and/or discontinue such credits, promo codes, or vouchers, as it may deem fit.
a. You must create an account to access certain features offered by the DaashFit Services, including but not limited to 'Enroll for free' or login with OTP on the app. Your use of any personal information provided during the account creation process is governed by our Privacy Policy. It is your responsibility to keep your OTPs, password confidential and to maintain the security of your account, all changes and updates made through your account, and all activities associated with your account.
b. You may also register to use the Services by logging into your account with OTP or credentials from certain third-party social networking sites (e.g., Facebook). By doing so, you confirm that you are the owner of such a social media account and that you are authorized to disclose your social media login information to us. You authorize us to collect your authentication information and other information available on or through your social media account, consistent with your applicable settings and instructions.
c. In creating/enrolling an account and/or claiming your gym’s listing, you warrant that all information provided to us is true, accurate, and correct, and agree to update your information as necessary to keep it accurate. If you are creating an account or claiming a business listing, you represent that you are the owner or authorized agent of such business. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address/phone number/or any other details other than your own, create multiple accounts or gym listings except as authorized by us, or provide or use false information to access a gym listing on the Services that you are not legally entitled to claim. You acknowledge that falsely claiming a business listing may cause DaashFit or third parties to incur substantial economic damages and losses for which you may be held liable.
d. You are responsible for all activities that occur in your account. You agree to promptly notify us of any unauthorized use of your account to enable us to take necessary corrective action. You also agree not to allow any third party to use your DaashFit account and acknowledge that you will be liable for any unauthorized access.
e. By creating an account, you consent to receive certain communications related to the DaashFit Platform or Services.
a. In order to connect you to certain gyms/members/users, we provide value-added telephony services through our phone lines, which are displayed on the specific gym listing page on the DaashFit Platform, connecting directly to the gyms' phone lines. We record all information regarding these calls, including voice recordings of the conversation between you and the gym, for internal billing tracking purposes and to enhance customer service at the gym's end. If you do not wish for your information to be recorded in this manner, please refrain from using the telephone services provided by DaashFit. By availing yourself of the telephony services through the DaashFit provided phone lines on the DaashFit
Platform, you explicitly agree and permit DaashFit to record all such information.
b. You agree to use the Services only for purposes permitted by (a) the Terms and (b) any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions.
c. You agree to use the data owned by DaashFit (as available on the Services) only for personal use/purposes and not for any commercial use (other than in accordance with 'Enroll for free' access) unless agreed to by DaashFit in writing.
d. You agree not to access (or attempt to access) any of the Services by any means other than the interface provided by DaashFit, unless you have been specifically allowed to do so by way of a separate agreement with DaashFit. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including the use of scripts or web crawlers) and shall ensure compliance with the instructions set out in any robots.txt file present on the Services.
e. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks connected to the Services). You shall not delete or revise any material or information posted by any other customer(s) and shall not engage in spamming, including but not limited to any form of emailing, posting, or messaging that is unsolicited.
a. DaashFit is the sole and exclusive copyright owner of the Services and our Content. We also exclusively own the copyrights, trademarks, service marks, logos, trade names, trade dress, and other intellectual and proprietary rights throughout the world (the "IP Rights") associated with the Services and DaashFit Content, which may be protected by copyright, patent, trademark, and other applicable intellectual property and proprietary rights and laws. You acknowledge that the Services contain original works developed, compiled, prepared, revised, selected, and arranged by us and others through substantial time, effort, and financial investment, constituting valuable intellectual property of us and such others. Additionally, you acknowledge that the Services may contain information designated as confidential by DaashFit, and you shall not disclose such information without DaashFit's prior written consent.
b. You agree to protect DaashFit's proprietary rights and the proprietary rights of all others having rights in the Services during and after the term of this agreement and to comply with all reasonable written requests made by us or our suppliers and licensors of content or otherwise to protect their and others' contractual, statutory, and common law rights in the Services. You acknowledge and agree that DaashFit (or DaashFit's licensors) own all legal right, title, and interest in and to the Services, including any IP Rights which subsist in the
Services. Furthermore, unless explicitly agreed otherwise in writing with DaashFit, nothing in the Terms grants you the right to use any of DaashFit's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
c. You agree not to use any framing techniques to enclose any trademark, logo, or other proprietary information of DaashFit; or remove, conceal, or obliterate any copyright or other proprietary notice or source identifier, including without limitation, the size, color, location, or style of any proprietary mark(s). Any infringement shall lead to appropriate legal proceedings against you at an appropriate forum for seeking all available/possible remedies under applicable laws. You cannot modify, reproduce, publicly display, or exploit in any form or manner whatsoever any of DaashFit's Content in whole or in part except as expressly authorized by DaashFit.
d. To the fullest extent permitted by applicable law, we neither warrant nor represent that your use of materials displayed on the Services will not infringe rights of third parties not owned by or affiliated with us. You agree to immediately notify us upon becoming aware of any claim that the Services infringe upon any copyright, trademark, or other contractual, intellectual, statutory, or common law rights.
a. DaashFit grants you a personal, limited, non-exclusive, and non-transferable license to access and use the Services only as expressly permitted in these Terms. You shall not use the Services for any illegal purpose or in any manner inconsistent with these Terms. Information made available through the Services may be used solely for your personal, non-commercial use. You agree not to use, copy, display, distribute, modify, broadcast, translate, reproduce, reformat, incorporate into advertisements and other works, sell, promote, create derivative works, or in any way exploit any of DaashFit Content in whole or in part except as expressly authorized by us. Unless otherwise expressly granted to you in writing, DaashFit does not grant you any other express or implied right or license to the Services, DaashFit Content, or our IP Rights.
b. Any violation by you of the license provisions contained in this Section may result in the immediate termination of your right to use the Services, as well as potential liability for copyright and other IP Rights infringement depending on the circumstances.
In consideration of availing the Services on the DaashFit Platform and by submitting Your Content, you hereby irrevocably grant DaashFit a perpetual, irrevocable, worldwide, non-exclusive, fully paid and royalty-free, assignable, sub-licensable, and transferable license and right to use Your Content (including content shared by any gym owner user having access to a 'gym owner app' to manage claimed business listings or otherwise) and all IP Rights therein for any purpose, including API partnerships with third parties and in any media existing now or in the future. By "use," we mean use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, analyze, promote, commercialize, create derivative works, and, in the case of third-party services, allow their users and others to do the same. You grant us the right to use the name or username that you submit in connection with Your Content. You irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to Your Content brought against DaashFit or its Customers, any third-party services, and their users.
a. You are responsible for Your Content. You represent and warrant that you are the sole author of, own, or otherwise control all of the rights of Your Content or have been granted explicit permission from the rights holder to submit Your Content; Your Content was not copied from or based in whole or in part on any other content, work, or website; Your Content was not submitted via the use of any automated process such as a script bot; use of Your Content by us, third party services, and our and any third party users will not violate or infringe any rights of yours or any third party; Your Content is truthful and accurate; and Your Content does not violate the Guidelines and Policies or any applicable laws
b. If Your Content is a review, you represent and warrant that you are the sole author of that review; the review reflects an actual gym experience that you had; you were not paid or otherwise remunerated in connection with your authoring or posting of the review; and you had no financial, competitive, or other personal incentive to author or post a review that was not a fair expression of your honest opinion.
c. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. While we reserve the right to remove Content, we do not control actions or Content posted by our Customers and do not guarantee the accuracy, integrity, or quality of any Content. You acknowledge and agree that Content posted by Customers and any and all liability arising from such Content is the sole responsibility of the Customer who posted the content, and not DaashFit.
We reserve the right, at any time and without prior notice, to remove, block, or disable access to any Content that we, for any reason or no reason, consider to be objectionable, in violation of the Terms, or otherwise harmful to the Services or our Customers in our sole discretion. Subject to the requirements of applicable law, we are not obligated to return any of Your Content to you under any circumstances.
Furthermore, DaashFit reserves the right to delete any images and pictures forming part of Customer Content from such Gym's listing page/my gym page at its sole discretion.
a. Some of the content available through the DaashFit Services may include or link to materials that belong to third parties, such as third-party payment gateway, SMS providers. Please note that your use of such third-party services will be governed by the terms of service and privacy policy applicable to the corresponding third party. We may obtain business addresses, phone numbers, and other contact information from third-party vendors who obtain their data from public sources.
b. We have no control over, and make no representation or endorsement regarding the accuracy, relevancy, copyright compliance, legality, completeness, timeliness, or quality of any product, services, advertisements, and other content appearing in or linked to from the DaashFit Services. We do not screen or investigate third-party material before or after including it on our Services.
c. We reserve the right, in our sole discretion and without any obligation, to make improvements to or correct any errors or omissions in any portion of the content accessible on the DaashFit Services. Where appropriate, we may in our sole discretion and without any obligation, verify any updates, modifications, or changes to any content accessible on the DaashFit Services, but shall not be liable for any delay or inaccuracies related to such updates. You acknowledge and agree that DaashFit is not responsible for the availability of any such external sites or resources and does not endorse any advertising, products, or other materials on or available from such websites or resources.
d. Third-party content, including content posted/requested/transferred by our Customers or Gym owners, does not reflect our views or that of our parent, subsidiary, affiliate companies, branches, employees, officers, directors, or shareholders. In addition, none of the content available through the DaashFit Services is endorsed or certified by the providers or licensors of such third-party content. We assume no responsibility or liability for any of Your Content or any third-party content.
e. You further acknowledge and agree that DaashFit is not liable for any loss or damage which may be incurred by/to you as a result of the availability of those external sites, gyms or resources, or as a result of any reliance placed by you on the completeness, accuracy, or existence of any advertising, products,services, equipments, amenities, prices or other materials on, or available from, such websites or resources. Without limiting the generality of the foregoing, we expressly disclaim any liability for any offensive, defamatory, illegal, invasive, unfair, or infringing content provided by third parties.
a. Customer reviews or ratings for Gyms do not reflect the opinion of DaashFit. DaashFit receives multiple reviews or ratings for Gyms by Customers, which reflect the opinions of the Customers. It is pertinent to state that each and every review posted on DaashFit is the personal opinion of the Customer/reviewer only. DaashFit is a neutral platform, which solely provides a means of communication between Customers/owners, including representatives with access to gym owner apps. The advertisements published on the DaashFit Platform are independent of the reviews received by such advertisers.
b. We are a neutral platform and we don't arbitrate disputes; however, in case someone writes a review that the gym does not consider to be true, the best option for the gym representative would be to contact the reviewer or post a public response in order to clear up any misunderstandings. If the Gym believes that any particular Customer's review violates any of the DaashFit's policies, the gym may write to us at info@daashfit.com and bring such violation to our attention. DaashFit may remove the review in its sole discretion if the review is in violation of the Terms, or content guidelines and policies, or otherwise harmful to the Services.
You represent that you have read, understood and agreed to our Guidelines and Polices related to Content
You represent that you have read, understood and agreed to our Privacy Policy. Please note that we may disclose information about you to third parties or government authorities if we believe that such a disclosure is reasonably necessary to (i) take action regarding suspected illegal activities; (ii) enforce or apply our Terms and Privacy Policy; (iii) comply with legal process or other government inquiry, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process/notice served on us; or (iv) protect our rights, reputation, and property, or that of our Customers, affiliates, or the general public
a. Customer reviews or ratings for Gyms do not reflect the opinion of DaashFit. DaashFit receives multiple reviews or ratings for Gyms by users, which reflect the opinions of the Customers. It is pertinent to state that each and every review posted on DaashFit is the personal opinion of the Customer/reviewer only. DaashFit is a neutral platform, which solely provides a means of communication between users/members, including gym owners/representatives with access to gym business pages. The advertisements published on the DaashFit Platform are independent of the reviews received by such advertisers.
b. We are a neutral platform and we don't arbitrate disputes; however, in case someone writes a review that the gym does not consider to be true, the best option for the gym representative would be to contact the reviewer or post a public response in order to clear up any misunderstandings. If the Gym believes that any particular Customer's review violates any of the DaashFit's policies, the gym may write to us at info@daashfit.com and bring such violation to our attention. DaashFit may remove the review in its sole discretion if the review is in violation of the Terms, or content guidelines and policies, or otherwise harmful to the Services.
c. You acknowledge and agree to adhere to the following guidelines and policies when using the DaashFit Services:
a. Do not post or transmit any content (including reviews) or engage in any activity that violates our Guidelines and Policies.
b. Do not post or transmit any content that is harmful, threatening, abusive, harassing, tortious, indecent, defamatory, discriminatory, vulgar, profane, obscene, libelous, hateful, or otherwise objectionable, or that invades another's privacy, or relates to or encourages money laundering or gambling.
c. Do not post inauthentic or knowingly erroneous reviews, or reviews that do not address the goods and services, atmosphere, or other attributes of the gym you are reviewing.
d. Do not post material that violates the standards of good taste or the standards of the DaashFit Services.
e. Do not violate any third-party rights, including but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights.
f. Do not engage in illegal activities or violate any federal, state, or local law or regulation.
g. Do not attempt to impersonate another person or entity.
h. Do not engage in deceptive advertising or cause, or result in, a conflict of interest.
i. Do not engage in commercial activities, including but not limited to spam, surveys, contests, pyramid schemes, or other advertising materials.
j. Do not falsely state or misrepresent your affiliation with another person or entity.
k. Do not distribute computer viruses or other harmful code.
l. Do not interfere with or disrupt the functionality or use of any features of the DaashFit Services.
m. Do not access or use another customer's account/OTP/password.
n. Do not collect, access, or store personal information about other customers of the DaashFit Services.
o. Do not post content that harms minors in any way.
p. Do not threaten the unity, integrity, defense, security, or sovereignty of India or any other country, or public order, or cause incitement to the commission of any cognizable offense, or prevent investigation of any offense, or insult any other nation.
q. Do not engage in any unauthorized use or commercialization of the DaashFit Services or Our Content.
d. You acknowledge and understand that DaashFit has the right to monitor your access to and use of the Services for violations of the Terms or content guidelines. DaashFit may review or edit any content for the purpose of operating and improving the Services, fraud prevention, risk assessment, investigation, and customer support purposes, to ensure compliance with the Terms, or to comply with applicable law or legal requirements.
e. You agree to use the DaashFit Platform/Services for lawful purposes only and not to violate any laws, regulations, ordinances, or other requirements of any applicable Central, Federal State, or local government or international law(s). You shall not upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam mail, chain letters, or any other form of solicitation. You shall not use abusive or derogatory language or post objectionable information that is unlawful, threatening, defamatory, or obscene. DaashFit reserves the right to suspend or block your access and usage of the DaashFit Platform if you violate these terms or policies, at any time, with or without notice.
f. You understand and agree that any content uploaded by you may be subject to investigation under applicable laws and may be disabled or removed if found to be in non-compliance with these terms, the privacy policy of the DaashFit Platform, or relevant laws and regulations. DaashFit shall have the right to take appropriate actions and remedies available under various statutes in case of non-compliance.
By providing Feedback on DaashFit's existing business, you agree to the following terms:
Confidential Information: Your Feedback must not contain confidential, secretive, or proprietary information of third parties.
No Obligation of Confidentiality: DaashFit is not obligated to keep your Feedback confidential, and it may use the Feedback on an unrestricted basis.
Possibility of Similar Feedback: DaashFit may have already received similar Feedback from other Customers or it may be under consideration or in development.
License Granted: By providing Feedback, you grant DaashFit a binding, non-exclusive, royalty-free, perpetual, global license to use, modify, develop, publish, distribute, and sublicense the Feedback.
Waiver of Claims: You irrevocably waive any claims or assertions against DaashFit and its Customers with regard to such Feedback.
Furthermore, DaashFit and its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, promotions, products, technologies, enhancements, processes, materials, marketing plans, or product names. If you still submit such ideas despite our request not to do so, the following terms apply:
Ownership: Your Submissions and their contents automatically become the property of DaashFit, without any compensation to you.
Use and Redistribution: DaashFit may use or redistribute the Submissions and their contents for any purpose and in any way.
No Obligation to Review: DaashFit is not obligated to review the Submission.
No Obligation to Keep Confidential: DaashFit is not obligated to keep any Submissions confidential.
These terms aim to prevent potential misunderstandings or disputes when DaashFit's products or marketing strategies might appear similar to ideas submitted to DaashFit. If you still choose to submit ideas despite our request not to do so, these terms will apply to your Submissions.
Some of the services provided by DaashFit are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the DaashFit platform, queries made through the platform, or other information. The manner, mode, and extent of advertising by DaashFit on the platform are subject to change without specific notice to you. In consideration for DaashFit granting you access to and use of the services, you agree that DaashFit may place such advertising on the platform.
Part of the site may contain advertising information, promotional material, or other material submitted to DaashFit by third parties or customers. Responsibility for ensuring that material submitted for inclusion on the DaashFit platform complies with applicable international and national law is exclusively on the party providing the information/material. Your correspondence or business dealings with, or participation in promotions of, advertisers other than DaashFit found on or through the DaashFit platform, including payment and membership related services, and any other terms, conditions, warranties, or representations associated with such dealings, shall be solely between you and such advertiser. DaashFit will not be responsible or liable for any error or omission, inaccuracy in advertising material, or any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such other advertiser(s) on the DaashFit platform.
For any information related to a charitable campaign ("Charitable Campaign") sent to customers and/or displayed on the DaashFit platform where customers have an option to donate money by way of (a) payment on a third-party website; or (b) depositing funds to a third-party bank account, DaashFit is not involved in any manner in the collection or utilization of funds collected pursuant to the Charitable Campaign. DaashFit does not accept any responsibility or liability for the accuracy, completeness, legality, or reliability of any information related to the Charitable Campaign. Information related to the Charitable Campaign is displayed for informational purposes only, and customers are advised to do independent verification before taking any action in this regard.
DaashFit provides demo versions of its apps, such as the DaashFit Owner App and DaashFit Member App, to gym owners for trial and testing purposes before enrollment.
Gym owners are granted access to demo versions of the DaashFit Owner App and DaashFit Member App to evaluate their functionality and features prior to making a decision to enroll with DaashFit.
Access to the demo apps is intended solely for testing purposes and does not constitute enrollment with DaashFit.
Gym owners understand that accessing the demo versions of the apps does not establish an official enrollment or membership agreement with DaashFit, but rather provides an opportunity to explore the apps' capabilities.
The demo apps are provided "as is," without warranties or guarantees of any kind.
DaashFit makes no representations or warranties regarding the performance, reliability, or functionality of the demo apps and disclaims all implied warranties, including but not limited to merchantability and fitness for a particular purpose.
Gym owners agree to use the demo apps responsibly and refrain from sharing access credentials or using the apps for commercial purposes.
Gym owners acknowledge their responsibility to maintain the confidentiality of access credentials provided for the demo apps and agree not to share them with third parties or use the apps for purposes other than testing and evaluation.
DaashFit reserves the right to revoke or limit access to the demo apps at any time, without prior notice.
DaashFit retains the authority revoke or restrict access to the demo apps, in whole or in part, if deemed necessary, without providing advance notice or explanation. Gym owners understand that any data or information entered into the demo apps may be deleted or reset without warning.
Gym owners acknowledge that data entered into the demo apps, including but not limited to membership information or preferences, may be subject to deletion or reset at DaashFit's discretion, without prior notification.
By accessing the demo apps, gym owners agree to abide by these terms and conditions and release DaashFit from any liability arising from their use of the demo apps.
Gym owners accept these terms and conditions as a condition of accessing the demo apps and agree to indemnify and hold harmless DaashFit, its affiliates, and employees from any claims, damages, or losses resulting from their use of the demo apps.
Limited Access Period
Access to the Demo App is granted for a period of 5 days from the date of issue. Upon expiration of this period, access to the Demo App will be automatically revoked. Prohibited Actions
By accessing the Demo App, you agree not to:
Share, distribute, or disclose the Demo App to any third party without prior authorization from DaashFit.
Use the Demo App for any purpose other than testing without explicit permission. Modify, reverse engineer, decompile, or attempt to extract the source code of the Demo App.
Disclaimer
The Demo App is provided on an "as is" and "as available" basis, without any warranties or representations, express or implied. DaashFit disclaims all warranties of any kind, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Limitation of Liability
In no event shall DaashFit, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Enrollment and app for gym owners Enrollment Process:
Gym owners can initiate the enrollment process by submitting their gym details through the designated form available at https://www.daashfit.com/gym-owners.
Enrollment will be processed by the DaashFit team upon verification of the government documents uploaded and assessment of the gym's credibility. DaashFit reserves the right to revoke enrollment in the event of fraudulent activity or submission of false information.
Enrollment Processing Time:
The enrollment process may take up to 3-4 business days to complete, subject to the volume of applications received and the complexity of verification procedures.
DaashFit retains the sole discretion to refuse enrollment to any gym without providing reasons for such refusal.
Notification:
Upon completion of the enrollment process, DaashFit will notify gym owners using the contact details provided during enrollment.
Access Revocation:
If the gym owner fails to log in the DaashFit platform within 30 days of receiving the enrollment notification, DaashFit reserves the right to revoke access to the platform.
Legal Compliance:
By enrolling their gym with DaashFit, gym owners affirm that they have the legal authority to represent the gym and enter into agreements on its behalf.
Gym owners further agree to comply with all applicable terms, privacy, laws and regulations governing gym operations, including but not limited to health and safety standards, licensing requirements, and consumer protection laws.
DaashFit reserves the right to revoke, delete, or modify any data in the app, including membership data, with or without prior notice or consent.
DaashFit retains the authority to make necessary adjustments to app data, including membership records, to ensure compliance with policies, address technical issues, or improve user experience, without prior notification to users.
Users agree to indemnify and hold harmless DaashFit, its affiliates, officers, directors, employees, agents, and licensors from any claims, liabilities, damages, losses, and expenses arising from their use of the DaashFit app.
By using the DaashFit app, users agree to indemnify and protect DaashFit and its associated parties from any legal claims, financial liabilities, or damages resulting from their actions, including but not limited to breaches of these terms or misuse of the app.
The terms of use for the DaashFit app are subject to the laws and regulations of the jurisdiction in which the user resides, and any disputes arising from these terms shall be resolved in accordance with the applicable laws.
The DaashFit app is available for download on both the Play Store and the App Store, providing convenient access to users on Android and iOS platforms.
Upon installation, users are required to register an account and log in using a one-time password (OTP) sent to their registered phone number.
To ensure security and authentication, users must create an account and verify their identity by entering the OTP sent to their registered phone number during the registration process.
It is imperative for users to maintain the confidentiality of their login credentials and refrain from sharing them with others.
Users are responsible for safeguarding their login credentials and must not disclose them to any third parties to prevent unauthorized access to their DaashFit account. Users can submit membership requests and access membership details through the DaashFit app.
The DaashFit app allows users to request membership and access comprehensive details regarding membership plans, benefits, and terms.
Membership payment procedures can be conveniently managed through the DaashFit app.
Users can effortlessly handle membership payments, including renewals, upgrades, and modifications, directly within the DaashFit app for a seamless experience.
The workout library available on the DaashFit app serves informational and educational purposes.
The DaashFit app provides users with access to a comprehensive workout library designed to offer guidance, tips, and demonstrations for various exercises. Users access the workout library at their own discretion and assume full responsibility for any risks associated with their workouts.
While the workout library aims to provide valuable fitness resources, users are solely responsible for their workout decisions and should exercise caution and discretion based on their individual fitness levels and abilities.
DaashFit assumes no liability for any injuries or fatalities that may occur as a result of using the workout library.
Users acknowledge and accept that DaashFit bears no responsibility for any injuries, accidents, or adverse outcomes arising from the use of the workout library and agree to use it at their own risk.
DaashFit reserves the right to revoke, delete, or modify any data in the app, including membership data, with or without prior notice or consent.
DaashFit retains the authority make necessary adjustments to app data, including membership records, to ensure compliance with policies, address technical issues, or improve user experience, without prior notification to users.
Users agree to indemnify and hold harmless DaashFit, its affiliates, officers, directors, employees, agents, and licensors from any claims, liabilities, damages, losses, and expenses arising from their use of the DaashFit app.
By using the DaashFit app, users agree to indemnify and protect DaashFit and its associated parties from any legal claims, financial liabilities, or damages resulting from their actions, including but not limited to breaches of these terms or misuse of the app.
The terms of use for the DaashFit app are subject to the laws and regulations of the jurisdiction in which the user resides, and any disputes arising from these terms shall be resolved in accordance with the applicable laws.
DaashFit disclaims responsibility for any technical glitches, bugs, or related issues caused by the app or website.
DaashFit does not assume liability for any technical malfunctions, software bugs, or related problems that may occur while using the app or website.
Users acknowledge that occasional technical issues may arise and agree to use the app or website at their own risk.
Users understand that while DaashFit strives to maintain smooth operation, technical issues such as system errors, server downtime, or software bugs may occur unexpectedly, and users agree to accept these risks when accessing the app or website.
DaashFit shall make reasonable efforts to address and resolve technical issues promptly.
In the event of technical glitches or bugs, DaashFit will endeavor to rectify the issues in a timely manner to minimize disruption to user experience and functionality.
However, users understand and agree that DaashFit cannot guarantee immediate resolution of all technical problems.
While DaashFit will make best efforts to resolve technical issues promptly, users acknowledge that certain problems may require more time or resources to address, and therefore, immediate resolution cannot be guaranteed.
Users further acknowledge that DaashFit shall not be liable for any losses or damages resulting from technical glitches, bugs, or related issues.
Users agree that DaashFit, its affiliates, and employees shall not be held responsible for any direct or indirect losses, damages, or inconveniences arising from technical issues, including but not limited to data loss, interrupted service, or financial losses.
Membership Purchase and Renewal:
Upon completion of the membership purchase or renewal process, it is understood that the transaction is final and cannot be refunded or reversed.
Cancellation Discretion:
DaashFit reserves the sole discretion to cancel a membership at any time, with or without cause, and without the need for member or owner consent.
Membership cancellation may occur for various reasons, including but not limited to violation of terms of use, breach of gym policies, or at the discretion of DaashFit management.
Service Charge Non-Reversal:
In the event of membership cancellation, DaashFit's service charge associated with the membership purchase or renewal will not be refunded, regardless of the circumstances leading to cancellation.
Members acknowledge that the service charge is non-refundable and agree to waive any claims for reimbursement upon cancellation.
Notification Procedure:
While DaashFit may, at its discretion, communicate with the gym owner regarding membership cancellation, members understand that DaashFit is not obligated to provide prior notification before canceling a membership.
Members agree that DaashFit may proceed with membership cancellation without prior notice, and that the decision to cancel remains solely at the discretion of DaashFit. Effect of Cancellation:
Upon cancellation of a membership, members will lose access to all privileges and benefits associated with their DaashFit membership.
Members understand that any remaining membership period or prepaid fees will be forfeited upon cancellation, and no refunds or credits will be issued.
Appeals Process:
Members who wish to appeal a membership cancellation decision may submit a written request to DaashFit, providing relevant details and reasons for the appeal.
DaashFit will review appeals on a case-by-case basis, but reserves the right to uphold the original cancellation decision at its discretion.
Acceptance of Terms:
By purchasing or renewing a membership with DaashFit, members acknowledge that they have read, understood, and accepted the terms of this cancellation policy. Members agree to abide by these terms and conditions, and acknowledge that failure to comply may result in membership cancellation without refund or recourse.
Data Monitoring:
DaashFit reserves the right to monitor all data within the application for various purposes, including but not limited to enhancing user experience, troubleshooting technical issues, and ensuring compliance with platform policies. This monitoring may involve analyzing user interactions, app performance metrics, and usage patterns to improve overall app functionality and performance.
Membership Payment Policy:
DaashFit operates on a remuneration policy where gym memberships require advance payment. This policy ensures smooth operations and financial stability for both DaashFit and participating gym owners. By purchasing a membership, users acknowledge and agree to adhere to this payment policy.
Pricing Compliance:
Gym proprietors are expected to comply with DaashFit's prescribed pricing framework for membership plans and services offered through the platform. Any deviations from the established pricing guidelines may result in disciplinary action, including expulsion from the DaashFit platform.
Financial Settlements:
Financial settlements between DaashFit and gym proprietors are conducted on a weekly basis, subject to banking holidays and other relevant factors. Gym owners are required to reconcile cash payments promptly within a stipulated two-day period to ensure accurate financial records and timely processing of transactions.
Due Collection Obligations:
Gym owners bear the responsibility of promptly collecting all outstanding dues from members. DaashFit reserves the right to implement remedial measures, such as suspension of services or termination of membership privileges, in cases of persistent delays or failures in due collection.
Responsiveness to User Inquiries:
Gym owners are expected to demonstrate prompt responsiveness to inquiries and requests from prospective gym users interested in joining their facilities. This includes providing timely information, addressing concerns, and facilitating the enrollment process to ensure a positive user experience.
Plan Modifications:
Owners have the flexibility to introduce and modify membership plans within the DaashFit application. However, any subsequent modifications to existing plans require the deletion and re-submission of plans, along with associated member data. Owners are encouraged to consult with the DaashFit team for guidance and support during the modification process.
Service Charge Discounts:
DaashFit retains exclusive authority over the determination of discounts applied to service charges for membership plans and other services offered through the platform. Gym owners are not permitted to influence or negotiate these decisions, as they are made based on predefined criteria and business considerations.
Bulk Notifications:
While gym owners may request DaashFit to disseminate bulk push notifications to members, the ultimate decision to initiate such notifications rests with the DaashFit team. This ensures consistency in communication and prevents misuse or overuse of the notification feature by individual gym owners.
Liability Disclaimer:
DaashFit explicitly disclaims responsibility for any incidents, physical harm, or issues arising within or involving gym premises and its members. Gym owners are solely responsible for maintaining a safe and conducive environment within their facilities and ensuring compliance with relevant health and safety regulations.
Membership Entitlement:
Gym members are entitled to utilize the facilities and services offered by participating gyms for the duration prepaid. Gym owners are reminded not to impede or restrict members' entitlement to access the facilities and services they have paid for. Membership Termination:
Gym owners are prohibited from unilaterally terminating memberships unless corresponding payments for the utilized duration have been duly collected. DaashFit reserves the right to impose fines or disciplinary measures against owners who violate this policy, ensuring fair treatment and protection of members' interests.
Business Endeavors Prohibition:
Gym owners are strictly prohibited from engaging in any other aggregating or business endeavors outside the ambit of DaashFit that may compete with or detract from the platform's offerings. This restriction is in place to maintain the integrity and exclusivity of the DaashFit ecosystem and optimize the user experience for all stakeholders.
Termination Procedure:
In the event of severing ties with DaashFit, gym owners are required to provide formal notification via email to info@daashfit.com at least 20 days prior to termination. This notification should be accompanied by the settlement of all financial obligations, ensuring a smooth transition and compliance with contractual obligations.
Payment Solutions Restrictions:
Gym owners must remove any alternative payment solutions, including UPI, QR scanners, card machines, or similar direct payment options, from the gym premises. This restriction is in place to ensure uniformity and consistency in payment processing and to prevent confusion among members regarding accepted payment methods.
Data Modifications:
Any modifications to submitted data, including PAN, GST, and other pertinent documents, must be promptly communicated to the DaashFit team. This ensures accurate record-keeping and compliance with regulatory requirements, safeguarding the interests of both gym owners and members.
Pricing Alteration Notice:
Gym owners are required to provide a minimum 10-day forewarning to gym members prior to implementing alterations to plan pricings. This advance notice allows members to adjust their plans accordingly and minimizes disruptions to their membership experience.
Data Generation Disclaimer:
DaashFit hereby asserts that the data displayed in the apps, notifications, SMS, or any other medium utilized by the platform is auto-generated. In the event of inaccuracies or errors in the generated data, DaashFit disclaims responsibility as it is linked to third-party entity services.
DaashFit endeavors to maintain the accuracy and reliability of the auto-generated data. If any issues are identified and reported to the DaashFit team, immediate action will be taken to rectify the discrepancies with extreme accuracy. However, users acknowledge that DaashFit cannot guarantee the accuracy or completeness of the auto-generated data at all times due to its reliance on third-party services.
Discontinuing with DaashFit:
In the event that a gym owner chooses to discontinue their service with DaashFit, it is imperative that they fulfill certain obligations to ensure a smooth transition and mitigate any potential legal ramifications. The following are the obligations that the gym owner must adhere to:
-The gym owner is obligated to inform the DaashFit team of their decision to discontinue the service through the designated email address, info@daashfit.com, at least 20 days prior to the intended termination date. Settlement of Amounts:
-Prior to discontinuing the service, the gym owner must settle all outstanding amounts with DaashFit within the specified 20-day period. This includes any dues, fees, or charges owed to DaashFit for the services rendered.
-Failure to adhere to the notification requirement and settle all amounts owed within the stipulated time frame grants DaashFit complete authority to take legal actions against the gym owner. Such legal actions may include, but are not limited to, pursuing financial claims, seeking injunctive relief, or initiating litigation proceedings to enforce compliance.
Service demanded:
Gym owners are obliged to honor the commitments made to members or users who have already paid for their membership without fail. This obligation encompasses providing the agreed-upon services, facilities, and benefits outlined in the membership agreement, regardless of any changes or adjustments made to the gym's affiliation with DaashFit.
Failure to provide the promised services to paying members constitutes a breach of trust and contractual obligations. Gym owners are therefore expected to uphold their responsibility to ensure that members receive the benefits they have paid for, including access to gym facilities, classes, training sessions, and any other amenities included in their membership package.
Furthermore, gym owners should communicate any changes or disruptions to the provision of services to members in a transparent and timely manner, offering appropriate solutions or alternatives where possible. This fosters trust and goodwill among members and minimizes the risk of dissatisfaction or disputes.
It is important to note that DaashFit holds no responsibility for any failures on the part of the gym owner or the members in fulfilling their respective obligations. Any disputes or issues arising from the failure to provide services as agreed upon are to be resolved directly between the gym owner and the affected members, without involving DaashFit.
In the event that a gym owner falsely marks a payment as "paid as cash," DaashFit explicitly disclaims responsibility for any consequences arising from such actions. DaashFit operates on the basis of transparency, honesty, and integrity, and any misuse or misrepresentation of payment information by the gym owner is strictly prohibited.
Owners are expected to accurately record and report payment transactions, including the method of payment, to ensure the integrity of financial records and compliance with regulatory requirements. Any attempt to falsify payment information undermines the trust and credibility of the platform and may have legal and financial implications.
DaashFit cannot be held liable for any inaccuracies or discrepancies resulting from false representations made by the gym owner regarding payment transactions. It is the responsibility of the gym owner to maintain accurate and truthful records and to adhere to the terms and conditions governing payment processing on the DaashFit platform.
Any disputes or issues arising from false reporting of payment transactions are to be resolved directly between the gym owner and the affected parties.
Gym owners are solely responsible for marking "end membership" within the owner app. This action signifies the termination of a member's membership within the DaashFit platform. However, if DaashFit discovers that a gym owner has marked "end membership" to avoid the service charge, DaashFit reserves the right to take appropriate actions.
Gym owners are required to make reasonable efforts to inform both the member and
DaashFit before terminating a membership, ensuring that the member is fully aware of this procedure. While owners have the authority to end memberships within the DaashFit platform, DaashFit reserves the right to decide whether to collect the service charge remaining from the membership that was terminated by the owner.
Owners must demonstrate diligence in communicating with the member and DaashFit to provide adequate notice of the membership termination. This includes:
Notification to the Member: Owners should inform the member directly, using appropriate communication channels such as email, phone call, or in-person communication, about the decision to terminate their membership. This notification should include details regarding the termination process, reasons for termination (if applicable), and any relevant information regarding refunds or outstanding dues.
Notification to DaashFit: Simultaneously, owners must notify DaashFit about the membership termination through the designated channels provided by the platform. This ensures that DaashFit is aware of the decision and can take appropriate actions, such as updating membership records and adjusting service charges accordingly.
Despite the owner's authority to terminate memberships, DaashFit retains the discretion to determine whether to collect any remaining service charges associated with the terminated membership. This decision may be based on factors such as the terms of the membership agreement, the circumstances surrounding the termination, and DaashFit's policies and guidelines.
Gym owners retain the authority to accept or decline any membership requests within the DaashFit platform. Prior to accepting memberships, owners are expected to conduct due diligence to ensure that prospective members meet the criteria and requirements set forth by the gym.
This due diligence may include verifying the prospective member's identity, assessing their fitness goals and needs, reviewing any relevant health or medical information, and evaluating their suitability for the gym's facilities and services. By exercising diligence in the membership acceptance process, owners can maintain the quality and integrity of their gym community and uphold the safety and satisfaction of existing members.
It is important to note that DaashFit assumes no responsibility for the decisions made by gym owners regarding membership acceptance or rejection. Owners are solely accountable for their actions and decisions in this regard, including any consequences that may arise from accepting or declining membership requests.
Gym owners are entrusted with the responsibility of collecting membership dues, renewal fees, admission fees, and any other applicable fees in a timely manner within the DaashFit platform. It is imperative that owners diligently adhere to this obligation, ensuring that payments are collected promptly and not allowed to extend beyond the expiry date of the respective dues.
To facilitate timely collection, owners are expected to utilize the communication features provided within the DaashFit app. This may include sending reminders, notifications, or invoices to members through the app, as well as utilizing offline follow-ups when necessary. Owners must employ all available means to ensure that payments are collected in a timely manner, thereby upholding the financial integrity of their gym operations.
Failure to collect payments on time may result in financial disruptions and could adversely affect the overall functioning of the gym. In such instances, DaashFit reserves the right to take appropriate action, even without prior notice, to address the situation and mitigate any potential negative impact on the platform and its users.
By adhering to these guidelines, gym owners demonstrate their commitment to maintaining financial stability and operational efficiency within the DaashFit ecosystem, while also safeguarding the interests of members and ensuring a seamless user experience.
Automated Calculation Process:
The DaashFit app employs an automated system to calculate due dates and amounts for membership plans. This system ensures precision and consistency in billing procedures.
Plan Duration Determination:
Plan durations are determined based on the number of days in the month in which the plan commences. As a result, the due date for payments is established as the last day of the plan duration. It's worth noting that the plan duration may vary depending on the specific plan selected during the addition process.
Reference for Calculation:
Users can utilize external resources such as https://www.timeanddate.com/date/duration.html to estimate the duration of their membership plans. This resource assists in calculating the approximate tenure based on the chosen start date.
Confirmation by Gym Owners/Users and Members:
Gym owners/users and members are responsible for verifying and confirming the accuracy of due dates and amounts before making purchases, renewals, or adding new plans within the DaashFit app. It is essential to review the calculated information to ensure alignment with expectations.
Limitation of DaashFit Responsibility:
DaashFit holds no responsibility if the automated system's calculations are inaccurate. However, any discrepancies identified will be promptly addressed and rectified by DaashFit to maintain the integrity of the billing process.
Consequences of Late Payment:
Failure to make payments on time may result in accrued amounts multiplying with the duration that has passed. It is imperative for users to adhere to payment deadlines to avoid potential increases in dues.
Settlement Process:
Settlement of transactions will occur weekly on Mondays, encompassing transactions conducted from the previous Saturday through Friday. Transactions initiated between Saturday 12:00 AM to Friday 11:59 PM will be settled by DaashFit on the subsequent Monday or the preceding working day, subject to banking holidays or other relevant factors. DaashFit absolves itself from any liability arising from delays in settlement attributable to technical glitches, labor disputes, or banking inefficiencies.
Tax Compliance:
DaashFit undertakes the responsibility to collect taxes, including Goods and Services Tax (GST) and income tax (IT), in accordance with the prevailing tax laws and regulations applicable to the respective jurisdiction. Gym owners are advised to adhere to the tax laws governing their operations, with DaashFit facilitating tax compliance through appropriate collection mechanisms.
Accuracy of Information:
DaashFit emphasizes the importance of providing accurate and up-to-date information for settlement purposes. Gym owners are cautioned against furnishing false or erroneous information, including bank account details, IFSC codes, GST Identification Numbers (GSTIN), and Permanent Account Numbers (PAN), as inaccuracies may impede the settlement process. DaashFit disclaims liability for any consequences arising from inaccurate information provided by gyms.
Service Charge Non-Refundability:
Gym owners are apprised that once collected, any portion of the DaashFit service charge is non-refundable, irrespective of circumstances. This policy underscores the commitment to maintaining financial stability and operational continuity for both DaashFit and participating gym owners.
Collection of Service Charge:
Gym owners bear the responsibility of collecting the DaashFit service charge from members for transactions conducted via cash payment. In instances where the gym inadvertently collects an excess amount in cash, the gym is obligated to remit the corresponding DaashFit service charge within the subsequent Wednesday or on the next working day if that day is bank holiday from the proposed settlement date. This stipulation ensures equitable revenue sharing and adherence to contractual obligations.
Calculation of Settlement Amount:
The settlement amount is computed as the variance between the membership fee collected through the app's payment gateway and the DaashFit service charge collected by the owner for cash transactions. Deductions are made in compliance with prevailing tax laws and regulations, ensuring transparency and accuracy in financial transactions.
Responsibility for Regulatory Filings:
DaashFit reiterates its role as a membership management platform and clarifies that it is not liable for fulfilling any mandatory regulatory filings, such as GST returns or income tax returns, which are incumbent upon gym owners. Gym owners are reminded of their obligation to fulfill all regulatory requirements independently.
Dispute Resolution Mechanism:
Gym owners are afforded a channel for dispute resolution in the event of discrepancies or disagreements concerning settlement amounts. Any settlement-related disputes must be formally raised with DaashFit within 30 working days from the date of settlement. DaashFit pledges to address and resolve such disputes expeditiously, ensuring fairness and adherence to contractual obligations.
Existing plan modification:
Should a gym owner decide to adjust the amount of a current plan that is already active with enrolled members, the owner is required to notify the affected gym members offline. This notification must be provided with substantiating evidence, either in printed document format or through any other suitable medium chosen by the owner.
DaashFit operates in strict compliance with the guidelines set forth by gym owners concerning plan modifications. Any alterations to plan amounts or details are solely within the purview of the gym owner, and DaashFit will enact these adjustments accordingly.
It's important for gym owners to understand that DaashFit holds no liability in instances where members choose to terminate their membership or pursue legal action as a result of plan modifications. Owners bear full responsibility for any repercussions stemming from plan adjustments, including member dissatisfaction or legal proceedings.
Furthermore, DaashFit retains the unilateral right to modify plan details at its discretion, without prior notification to either the owner or the members. This encompasses changes to plan amounts, benefits, or any other pertinent details. Owners are expected to acknowledge and accept this right, recognizing that DaashFit may exercise it as necessary to maintain platform functionality and enhance user experience.
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES PROVIDED BY DaashFit
ARE "AS IS" AND "AS AVAILABLE" AND THAT YOUR USE OF THE SERVICES
SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW, DaashFit, ITS AFFILIATES, AND THEIR RESPECTIVE
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, BRANCHES,
SUBSIDIARIES, AND LICENSORS ("DaashFit PARTIES") DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES
INCLUDING MOBILE APPS AND YOUR USE OF THEM. TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAW, THE DaashFit PARTIES MAKE NO
WARRANTIES OR REPRESENTATIONS THAT THE SERVICES HAVE BEEN AND
WILL BE PROVIDED WITH DUE SKILL, CARE, AND DILIGENCE OR ABOUT THE
ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT AND ASSUME
NO RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF
CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE
SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS
AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE
SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH
MAY BE TRANSMITTED TO OR THROUGH THE SERVICES THROUGH THE
ACTIONS OF ANY THIRD PARTY, (VI) ANY LOSS OF YOUR DATA OR CONTENT
FROM THE SERVICES AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY
CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A
RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA THE SERVICES. ANY MATERIAL
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR
OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF
ANY SUCH MATERIAL. THE DaashFit PARTIES WILL NOT BE A PARTY TO OR IN
ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN
YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND
INTERACTIONS WITH OTHER CUSTOMERS OF THE SERVICES AND WITH OTHER
PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF
YOUR USE OF THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL
OR WRITTEN, OBTAINED BY YOU FROM DaashFit OR THROUGH OR FROM THE
SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. UNLESS YOU HAVE BEEN EXPRESSLY AUTHORIZED TO DO SO IN
WRITING BY DaashFit, YOU AGREE THAT IN USING THE SERVICES, YOU WILL
NOT USE ANY TRADEMARK, SERVICE MARK, TRADE NAME, LOGO OF ANY
COMPANY OR ORGANIZATION IN A WAY THAT IS LIKELY OR INTENDED TO CAUSE CONFUSION ABOUT THE OWNER OR AUTHORIZED USER OF SUCH MARKS, NAMES, OR LOGOS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL THE DaashFit PARTIES BE LIABLE TO YOU FOR ANY DAMAGES
RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF
CONTENT, AND/OR (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY
NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE
SERVICES INCLUDING MOBILE APP, AND/OR (III) ANY UNAUTHORIZED ACCESS
TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, AND/OR (IV) ANY INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM OUR SERVERS, AND/OR (V) ANY BUGS, VIRUSES,
TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR
THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY LOSS OF
YOUR DATA OR CONTENT FROM THE SERVICES, AND/OR (VII) ANY ERRORS OR
OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND
INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES,
WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL
THEORY, AND WHETHER OR NOT THE DaashFit PARTIES ARE ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, AND/OR (VIII) THE DISCLOSURE OF
INFORMATION PURSUANT TO THESE TERMS OR OUR PRIVACY POLICY, AND/OR (IX) YOUR FAILURE TO KEEP YOUR PASSWORD OR OTP OR ACCOUNT DETAILS
SECURE AND CONFIDENTIAL, AND/OR (X) LOSS OR DAMAGE WHICH MAY BE
INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A
RESULT OF RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY
OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP
OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR
WHOSE ADVERTISING APPEARS ON THE SERVICES, AND/OR DELAY OR
FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND DaashFit'S
REASONABLE CONTROL. IN NO EVENT SHALL THE DaashFit PARTIES BE LIABLE
TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR
CONSEQUENTIAL DAMAGES WHATSOEVER, HOWEVER CAUSED AND UNDER
ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO, ANY LOSS OF
PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF
GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST
OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS.
You agree to indemnify, defend, and hold harmless the DaashFit Parties from and against any third-party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with: (i) Your Content, (ii) your unauthorized use of the Services, or products or services included or advertised in the Services; (iii) your access to and use of the Services; (iv) your violation of any rights of another party; or (v) your breach of these Terms, including, but not limited to, any infringement by you of the copyright or intellectual property rights of any third party. We retain the exclusive right to settle, compromise and pay, without your prior consent, any and all claims or causes of action which are brought against us. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter in which we are named as a defendant and/or for which you have indemnity obligations without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
You can delete your account at any time by contacting us via
1. Email: info@daashfit.com
2. Contact support team through chatbot in website or app
We may terminate your use of the Services and deny you access to the Services in our sole discretion for any reason or no reason, including your: (i) violation of these Terms; or (ii) lack of use of the Services. You agree that any termination of your access to the Services may be affected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and/or bar any further access to your account or the Services. If you use the Services in violation of these Terms, we may, in our sole discretion, retain all data collected from your use of the Services. Further, you agree that we shall not be liable to you or any third party for the discontinuation or termination of your access to the Services
Interpretation:
The section and subject headings in these Terms are included for reference only and shall not be used to interpret any provisions of these Terms.
Entire Agreement and Waiver:
The Terms, together with the 'Privacy Policy' ', shall constitute the entire agreement between you and us concerning the Services. No failure or delay by us in exercising any right, power or privilege under the Terms shall operate as a waiver of such right or acceptance of any variation of the Terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of that right or the exercise of any other right, power or privilege.
Severability:
If any provision of these Terms is deemed unlawful, invalid, or unenforceable by a judicial court for any reason, then that provision shall be deemed severed from these Terms, and the remainder of the Terms shall continue in full force and effect.
Partnership or Agency:
None of the provisions of these Terms shall be deemed to constitute a partnership or agency between you and DaashFit and you shall have no authority to bind DaashFit in any form or manner, whatsoever.
Governing Law/Waiver:
These Terms shall be governed by the laws of India. The Courts of Kerala shall have exclusive jurisdiction over any dispute arising under these terms.
For all Customers:
YOU MUST COMMENCE ANY LEGAL ACTION AGAINST US WITHIN ONE (1) YEAR
AFTER THE ALLEGED HARM INITIALLY OCCURS. FAILURE TO COMMENCE THE
ACTION WITHIN THAT PERIOD SHALL FOREVER BAR ANY CLAIMS OR CAUSES
OF ACTION REGARDING THE SAME FACTS OR OCCURRENCE,
NOTWITHSTANDING ANY STATUTE OF LIMITATIONS OR OTHER LAW TO THE
CONTRARY. WITHIN THIS PERIOD, ANY FAILURE BY US TO ENFORCE OR EXERCISE ANY PROVISION OF THESE TERMS OR ANY RELATED RIGHT SHALL NOT CONSTITUTE A WAIVER OF THAT RIGHT OR PROVISION.
Carrier Rates may Apply:
By accessing the Services through a mobile or other device, you may be subject to charges by your Internet or mobile service provider, so check with them first if you are not sure, as you will be solely responsible for any such costs incurred.
Linking and Framing:
You may not frame the Services. You may link to the Services, provided that you acknowledge and agree that you will not link the Services to any website containing any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information or that violates any intellectual property, proprietary, privacy, or publicity rights. Any violation of this provision may, in our sole discretion, result in termination of your use of and access to the Services effective immediately.
DaashFit shall not be liable for any infringement of copyright arising out of materials posted on or transmitted through the DaashFit platform, or items advertised on the DaashFit platform, by end users or any other third parties. We respect the intellectual property rights of others and require those that use the services to do the same. We may, in appropriate circumstances and at our discretion, remove or disable access to material on the services that infringes upon the copyright rights of others. We also may, in our discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that any customers of the services repeatedly infringe on others' copyrights, we may in our sole discretion terminate those individuals' rights to use the services. If you believe that your copyright has been or is being infringed upon by material found in the services, you are required to follow the below procedure to file a notification:
i. Identify in writing the copyrighted material that you claim has been infringed upon;
ii.Identify in writing the material on the services that you allege is infringing upon copyrighted material, and provide sufficient information that reasonably identifies the location of the alleged infringing material (for example, the user name of the alleged infringer and the business listing it is posted under);
iii. Include the following statement: "I have a good faith belief that the use of the content on the services as described above is not authorized by the copyright owner, its agent, or law";
iv. Include the following statement: "I swear under penalty of perjury that the information in my notice is accurate and I am the copyright owner or I am authorized to act on the copyright owner's behalf";
v.Provide your contact information including your address, telephone number, and e-mail address (if available); vi. Provide your physical or electronic signature;
vii. Send us a written communication to info@daashfit.com
You may be subject to liability if you knowingly make any misrepresentations on a take-down notice.