At GymOnCloud, accessible from www.gymoncloud.com, we are committed to protecting your privacy. This Privacy Policy outlines the types of information we collect, how we use it, and the measures we take to keep it safe.

1. Information We Collect

• Personal Information: When you request an inquiry or purchase/renew fitness packages, we may collect your name, contact number, email address, and payment information.
• Usage Data: We collect data such as IP addresses, browser types, and user behavior on our website.

2. How We Use Your Information

• To Provide Services: For user access, validating package bookings, processing payments, etc.
• To Improve Our Services: We analyze data to enhance user experience and develop new features.
• Marketing: With your consent, we may send promotional offers and updates.

3. Data Security

We use industry-standard measures to protect your data. However, no method of transmission is 100% secure. Users are advised to take personal precautions.

4. Sharing Your Information

• Third-Party Partners: We may share data with partners for payments, marketing, and analytics to deliver our services.
• Legal Requirements: Information may be disclosed if required by law.

5. Cookies and Tracking

We use cookies to improve user experience and analyze traffic. You can manage cookie settings through your browser.

6. Your Rights

• Access and Updates: Contact us to access, modify, or delete your personal information.
• Opt-Out: You can opt-out of marketing emails by using the unsubscribe link in our messages.

7. Policy Changes

We may update this policy occasionally. Any changes will be posted here. We encourage you to check this page regularly.

Contact Us

If you have any questions about this policy, please contact us at info@xxxxxx.com.

Thank you for choosing xxxxxxxxx!

TERMS OF USE

These terms of use ("Terms of Use") mandate the terms on which the users access and/or register on the "GymOnCloud" website and mobile application (collectively referred to as the "Platform"), operated by Bifinity Technologies Pvt Ltd (hereinafter referred to as "We" or "Our" or "Us" or "Company"), and the Platform Services (as defined below), provided through the Platform, as detailed under Section I (Applicability) below.

This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. Please read the Terms of Use and Privacy Policy (together hereinafter referred to as "Agreement") carefully before using or registering on the Platform or accessing any material, information or Platform Services through the Platform.

Your access to or use of the Platform (even when You do not avail of or provide any services on the Platform) or booking, purchase or usage of the Platform Services shall signify

• Your acceptance of the Agreement and Your acceptance to be legally bound by the same;
• (You are above 18 years of age and competent to enter into this Agreement. These Terms of Use do not alter in any way the terms or conditions of any other written agreement you may have with the Platform for other services

1. APPLICABILITY

These Terms of Use applies to all the users of the Platform including:

• (a) Any supplier of goods/services (whether an individual, professional or an entity, or similar institution) on the Platform, directly or indirectly, including designated / authorised associates, employees, partners and practitioners thereof ("Partner", "You", "Your" or "Users");
• or
• (b) An individual who accesses and/or registers on the Platform and/or places a request for Services (as defined below) or Products (as defined below) on the Platform ("End-User", "You", "Your" or "Users")
• or
• (c) An individual / company who uses our Platform for Gym management software.

2. PLATFORM SERVICES

You acknowledge that the Platform is a web service that allows You to avail services / buy products from the Company . Some of the services (collectively, the "Services") and products (collectively, the "Products") available on the Platform and provided by Company are listed below:

• (a) Physical fitness centre memberships / classes and allied services OR Sports centre memberships / classes and allied services under the domain name "GymOnCloud" or any other brand name(s) (collectively referred to as "Fitness Services") provided by GymOnCloud .
• (b) Memberships sold by GymOnCloud, as the case may be, granting access to various underlying services, including Fitness Services, services from third-party fitness centres, gyms, studios, training centres, etc.
• (c) Single session / subscription based digital services / products on the Platform, like recorded audio and/or video content, real time online training services, as provided by or featuring Partners and / or their associates .
• (d) Procurement and/or generation, reproduction on the Platform, sharing with relevant Partners or their associates for You, if applicable, and communication to You .
• (e) Platform, including transaction summaries, invoices, reports, scores, achievements, access to photos, medical records, lab reports etc.

The Company shall facilitate the provision of the Platform Services and independently provide Diverse Offerings and provide such other services (including account creation and management, management of various Products and Services purchased / booked on the Platform, payment and transaction summary generation services etc.) to You by allowing You to register and access the Platform on the terms and conditions set forth below:

• (a) The charges indicated on the Platform for the Platform Services will be as determined by the Company or respective Partners, as the case may be, and is excluding taxes and other applicable charges as mentioned on the Platform. In order to continually improve and provide You with a seamless experience we need to ensure maintenance and upkeep of our Platform. For such upkeep and maintenance, We may, charge a nominal non-refundable amount from You as 'platform fees'. The charges (including the platform fees) and Platform Services may change at the Company's or Partners' sole discretion and the Company and Partners do not guarantee that the charges will be the lowest in the city, region or geography or if the Products / Services will be available for delivery / performance at all times.

For Digital Services, You may be offered (a) pay per session; (b) subscription options, which could be monthly, quarterly, half yearly, annually etc.. For the purposes of monthly and yearly subscriptions, a month constitutes 30 calendar days and a year constitutes 365 calendar days.

• (b) Any order/booking made for a Platform Service(s) shall be, in addition to the terms mentioned herein and the FAQs available on the Platform, subject to additional terms and conditions of the Partners or their service providers / associates (including offers, terms of sale or use, discount and sales schemes/ campaigns offered from time to time) mentioned on Partner's or their associates' respective website / mobile application, which You are presumed to have read and accepted at the time of placing the order/booking.
• (c) The Platform Services shall be additionally governed by specific terms and policies (payment terms, cancellation policy, refund policy, exchange policy, return policy, etc.) which are briefly mentioned below

3. Digital Services:

• (a) GymOnCloud facilitates provision of Digital Content Services, which shall be fulfilled directly by GymOnCloud or through Service Providers with whom it has contractual arrangements. Unless otherwise agreed by GymOnCloud in a separate written agreement with You, the Digital Services are made available solely for Your personal and non-commercial use.
• (b) Terms of Digital Content Services and Digital Training Services:

• (i) Booking Appointment/Session: Subject to payment of necessary fee / purchase of required membership and availability of slots, You shall be permitted to book and participate in various underlying Digital Content Service and Digital Training Service session(s) ("Sessions") and allied services.
• (ii) In order to participate in the Sessions, You must book the Sessions in advance through the Platform. Further, You may also need to comply with certain technical requirements to participate in the Sessions.
• (iii) Any memberships / single Sessions bought or booked by You are non-transferrable and non-refundable.
• (iv) The number of Sessions permitted to be booked, availed, cancelled shall be as per the terms and conditions laid down by the respective Partner. Platform / relevant Partner will have no liability if any Session is later cancelled by the relevant Partner and / or their associates. Platform / relevant Partner shall use best efforts to intimate You in advance of such rescheduling or cancellation of Sessions, however, Platform / relevant Partner shall not be responsible in any manner for any inconvenience or loss caused to You as a result of such rescheduling or cancellation. Your sole recourse in case of such rescheduling / cancellations shall be booking of an alternate Session.

4. ELIGIBLITY TO USE

• (a) The User shall abide by the following terms to avail, use, access the Platform Services ("Eligibility Criteria"):

• (i) The Platform Services are not available to minors i.e., persons under the age of 18 (eighteen) years or to any Users suspended or removed by the Company for any reason whatsoever.
• (ii) If You reside in a jurisdiction that restricts the use of the Platform Services because of age, or restricts the ability to enter into contracts such as these Terms of Use due to age, You must abide by such age limits.
• iii) The Company reserves the right to refuse access to the Platform or Platform Services to new Users or to terminate access granted to existing User(s) at any time without according any reasons for doing so.
• (iv) In case of non-compliance with rules and regulations, this Agreement, privacy policy or user agreement for access or usage of the computer resource of the Company, it has the right to terminate the access or usage rights of the Users to the computer resource immediately or remove non-compliant information or both, as the case may be.
• (v) You shall not have more than one active Account (as defined hereinafter) on the Platform. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another party or impersonating any other person for the purposing of creating an account with the Platform.

5. ACCEPTANCE OF TERMS OF USE

• (a) Use of and access to the Platform is offered to You upon the condition of acceptance of all the terms, conditions and notices contained in these Terms of Use, along with any amendments made by the Company at its sole discretion and posted on the Platform. By

• (i) Using this Platform or any Platform Services in any way; or
• (ii) Merely browsing the Platform, You agree that You have read, understood and agreed to be bound by these Terms of Use available at GymOnCloud website and mobile app.

• (b) The Company retains an unconditional right to modify or amend this Terms of Use without any requirement to notify You of the same. It shall be Your responsibility to check this Terms of Use periodically for changes. Your continued use of the Platform following the posting of changes to this Terms of Use on the Platform, will constitute Your consent and acceptance of those changes.

6. USER ACCOUNT, PASSWORD, AND SECURITY

• (a) In order to avail the Platform Services on the Platform, You will have to register on the Platform by providing details about Yourself, including Your name, address, contact details and such other details as may be required on the Platform and create an account ("Account").
• (b) You shall ensure and confirm that the Account information provided by You is complete, accurate and up-to-date. If there is any change in the Account information, You shall promptly update Your Account information on the Platform. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate Your Account and refuse any and all current or future use of the Platform (or any portion thereof) at its discretion, in addition to any right that the Company may have against You at law or in equity, for any misrepresentation of information provided by You.
• (c) You will be responsible for maintaining the confidentiality of the Account information and are fully responsible for all activities that occur under Your Account. You agree to

• (i) Immediately notify the Company of any unauthorized use of Your Account information or any other breach of security, and (ii) ensure that You exit from Your Account at the end of each session. The Company cannot and will not be liable for any loss or damage arising from Your failure to comply with this provision. You may be held liable for losses incurred by the Company or any other user of or visitor to the Platform due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account information secure and confidential.

• (d) Use of another User's Account information for availing the Platform Services is expressly prohibited

7. FEES, CHARGES AND SUBSCRIPTIONS

• (a) Any membership on the Platform may start with a free trial. The free trial period for any subscription will last for the period of time specified when you signed up. Free trials may not be combined with certain other offers, as specified. If you begin your subscription within a free trial, we may begin billing You for periodical membership fees at the time of subscription purchase or at the end of the free trial period unless You cancel Your membership prior to the end of the free trial period subject to Our sole discretion.
• (b) You agree to pay for all fees (including platform fees) and charges incurred while using the Platform Services. Additional taxes or third party charges may apply.
• (c) You may be offered (i) pay per session; (ii) subscription options, which could be monthly, quarterly, half yearly, annual, recurring, non-recurring subscription options. For the purposes of Our weekly, monthly and yearly subscriptions, a week constitutes 7 calendar days, a month constitutes 30 calendar days and a year constitutes 365 calendar days.
• (d) Non-recurring subscription(s) are non-cancellable. However, You may cancel Your recurring subscription(s) at any time by going to Your account Settings and cancelling Your subscription before the respective renewal date to avoid billing of the next period's subscription fee to the Payment Detail You have provided. Refunds cannot be claimed for any partial-term subscription period.
• (e) Any promotion code or offer provided may not be used in conjunction with any other promotion code or offer, past or present. Introductory offers are only available to new users of the Platform, except where expressly stated otherwise. Previous users, including those having only booked / utilised trial services, or trial users of the Platform do not qualify as new users. No promotion code or discount will apply to any services / products unless otherwise stated on the Platform. Unless otherwise set forth in the terms of any promotion, all pricing promotions or discounts will apply to the initial period of the subscription, and any renewals will be charged at the non-discounted rate for the type of subscription or membership purchased.

8. Payment Service :

• a) All payments in respect of the Platform Services shall be made to the Company through the Platform. To the extent permitted by applicable law and subject to the Company's Privacy Policy, You acknowledge and agree that the Company may use certain third-party vendors and service providers, including payment gateways, to process payments and manage payment related information.
• (b) In order to make payments online, You undertake to use a valid payment card or bank details or third party wallets or details required for any other mode of payment ("Payment Details") with the authority to use the same, to have sufficient funds or credit available to complete the payment on the Platform in good standing. By providing the Payment Details, You represent, warrant, and covenant that: (1) You are legally authorized to provide such Payment Details; (2) You are legally authorized to perform payments using such Payment Details; and (3) such action does not violate the terms and conditions applicable to Your use of such Payment Details or applicable laws. You agree that You are responsible for any fees charged by Your mobile carrier in connection with Your use of the payment services through Your mobile. The Company shall use the Payment Details as described in the Company's Privacy Policy. You may add, delete, and edit the Payment Details You have provided from time to time through the Platform.
• (c) The payment receipt for completion of a transaction shall be provided by the respective vendor(s) and the transaction summary shall be provided by the Company. The payment receipt and transaction summary shall be made available on the Platform and also sent to your registered email address. Company collects the payment on behalf of the respective vendor(s), and eventually settles the same.
• (d) Except to the extent otherwise required by applicable laws, the Company is not liable for any payments authorized through the Platform using Your Payment Details. Particularly, the Company is not liable for any payments that do not complete because: (i) Your payment card or bank account or third party wallet does not contain sufficient funds to complete the transaction or the transaction exceeds the credit limit in respect of the Payment Details provided; (ii) You have not provided the Company with correct Payment Details; (iii) Your payment card has expired; or (iv) circumstances beyond the Company's control (such as, but not limited to, power outages, interruptions of cellular service, or any other interferences from an outside force) prevent the execution of the transaction.

9. Refund Policy

• (a) GymOnCloud Membership OR any individual fitness memberships / sessions / classes / activity bookings bought by You under GymOnCloud Services are non-exchangeable, non-saleable and non-transferrable.

However partial re-fund can be applicable as below ,

• (i) You may request cancellation of your subscription to the Digital Services, however the same must be done before the respective renewal date to avoid billing of the next period's subscription fee to the Payment Details you have provided. Refunds cannot be claimed for any partial-term subscription period.
• (ii) The Company and/or relevant service provider(s) / vendor shall have the right to cease/terminate relationship with You unilaterally without any reason, and applicable amount or cash back (if any) or pro-rata refund, as the case may be, shall be refunded to You subsequently.
• (iii) With regards to payments, the Platform shall not be responsible for any unauthorised transactions conducted on our Platform using Your payment card or internet banking. The Platform shall not be obligated to refund any money to You in such instances.
• (iv) In the event of permitted cancellations, refunds shall be made within 7-8 days from the date of such cancellation to the original source of your payment.

10. INTELLECTUAL PROPERTY RIGHTS

• (a) The Platform and the processes, and their selection and arrangement, including but not limited to, all text, videos, graphics, user interfaces, Images, photos, visual interfaces, sounds and music (if any), artwork and computer code (and any combinations thereof) (collectively, the Content") on the Platform is owned and controlled by the Company and/or its licensors and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.
• (b) The trademarks, logos and service marks displayed on the Platform ("Marks") are the property of the Company and/or vendors and/or other respective third parties, as the case may be. You are not permitted to use the Marks without the prior consent of the Company, or the Vendors, or the third party that may own the Marks.

11. Contact Information

For any questions, concerns, or assistance with bookings, cancellations, or refunds, please contact our customer service team .