Terms & Conditions

Introduction

Welcome to the Fitterfox website.

This website, the Fitterfox mobile application and the information, content and services it makes available are provided to you by Envigor Healthcare Technologies Pvt. Ltd. with its principal office in Pune, India ("Fitterfox" or "We"). The Terms of Use (this "Agreement") sets forth the terms and conditions governing your use of this Web Site & the Mobile Application.
By accessing and registering on www.fitterfox.com (the "Website") or on the Mobile Application, Fitterfox (the “Application”) and using the Services as a member or guest, you agree to be bound by this Agreement and the terms contained in it. This Agreement governs your access and use of this Website/ Application and applies to all visitors, users and others who access the Service ("Users"). If you do not agree with the terms contained in this Agreement, you are not permitted to use this Website/ Application. Fitterfox will not be liable for any consequences arising from your unauthorized use. We may revise these terms of use at any time by amending this page. The revised terms of use shall be posted on the Website/ Application and you are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of these provisions may be superseded by provisions or notices published elsewhere on our Website/ Application. All changes are effective as soon as we post them and by continuing to use the website you agree to be bound by the revised terms and conditions of use. Your use of Website/Application is subject to the most current version of the terms of use posted on the Website/ Application at the time of such use.
Fitterfox has created this Website & Application to provide Users the Services which include guidance on how to improve their fitness and how to integrate fitness into their lifestyle. While our workout and nutrition recommendations consider several factors specific to each individual, including conditioning levels, fitness goals, and lifestyle factors, we are not a medical organization, and our recommended workout plans and specific exercises should not be misconstrued as medical advice, prescriptions, or diagnoses.


ACCESS

Access to the Services is permitted on a temporary basis, and we reserve the right to withdraw or amend the Service (or any features within the Services) we provide on our Website/ Application without prior notice to you. We will not be liable if for any reason our Website/ Application or the Services (or any features within the Services) is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Website/ Application, or our entire Website/ Application, to Users who have registered with us.
Fitterfox grants you permission to use the Service as set forth in this Agreement, provided that: (i) you will not copy, distribute, or disclose any part of the Service in any medium; (ii) you will not alter or modify any part of the Service other than as may be reasonably necessary to use the Service for its intended purpose; and (iii) you will otherwise comply with the terms and conditions of this Agreement.
In order to access the Services, you will need to register on the Website/ Application and create a “Member” account. Your account gives you access to the Services and functionality that we may establish and maintain from time to time and in our sole discretion.

WEB SITE INTENDED AUDIENCE

This Web Site is operated by Fitterfox from its office in Mumbai, India. This Web Site is directed to adults in India and is not intended for children under the age of 18.

PURPOSES OF DATA COLLECTION

We collect information about you because we want to determine what you may like or find interesting, so we can provide you with targeted information and advertising (on our Site, in newsletters, via email and otherwise). In addition, we use data to create statistics and reports where personally identifiable information has been removed and aggregated (such that it is anonymous as regards any specific user) for various business purposes.

NO OBLIGATION TO PRE-SCREEN USER CONTENT

We do not have any obligation to pre-screen, edit, or remove any Content provided by Users that is posted on or available through the Web Site. However, Fitterfox will have the right (but not the obligation), in its sole discretion and for any reason, to pre-screen, edit, refuse to accept, remove, or move any such Content.

DISCLOSURE OF DATA

We keep your personally identifiable information confidential and we generally do not disclose it. But, please note the following clarifications and exceptions: a. Our employees and independent contractors have access to some of your personally identifiable information for the purpose of helping us run our business (and not for their own purposes). They access and use such data subject to our instructions, on a "need to know" basis and under confidentiality and security obligations. b. If we ever sell a Site or substantial parts of our business, we may disclose your personally identifiable information to a (prospective) buyer on the condition that such buyer agrees to comply with our Privacy Policy. c. We may also share your personally identifiable information to respond to law enforcement requests, court orders or other legal process or if we believe that such disclosure is necessary to investigate, prevent or respond to illegal activities, fraud, and physical threats to you or others or as otherwise required by any applicable law or regulation. d. Even though we do not provide any personally identifiable information about you specifically to any advertising customers, they can occasionally find out information indirectly. f. Before we disclose your personally identifiable data to a third party for their own business purposes (such as a survey or a sweepstake), we will first obtain your consent, for example via email, click-through, an online opportunity to opt- out or otherwise. g. We may share personally identifiable information with affiliated companies. h. We freely use and disclose data in anonymous form, for example, in statistics or reports to our advertising customers. i. Please remember that if you post any information in areas of our Sites that are generally accessible to users, such as chat rooms and message boards, it will be available to the public.

USE OF CONTENT AND INFORMATION - DISCLAIMER WITH RESPECT TO CONTENT

A variety of information, advice, recommendations, letters, messages, comments, posts, text, graphics, software, music, sound, photographs, videos, data, and other materials ("Content") is available on the Web Site. Some of the Content is provided by Fitterfox or its suppliers, and other Content is provided by persons who use the Web Site ("Users"), such as User opinions and views provided via posts to chat rooms, bulletin boards, or discussion forums. While Fitterfox strives to keep the Content that it posts on the Web Site accurate, complete, and up-to-date, Fitterfox cannot guarantee, and is not responsible for, the accuracy, completeness, or timeliness of any content, whether provided by Fitterfox, its suppliers or by Users of the Web Site. The content available via the web site is provided with the understanding that neither Fitterfox nor its suppliers or users are engaged in rendering medical, counselling, legal, or other professional services or advice. Such content is intended solely as a general educational aid. It is not intended as medical or healthcare advice, or to be used for medical diagnosis or treatment, for any individual problem. It is also not intended as a substitute for professional advice and services from a qualified healthcare provider familiar with your unique facts. Always seek the advice of your physician or other qualified healthcare provider regarding any medical condition and before starting any new treatment. YOUR USE OF THE WEB SITE IS ALSO SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS IN THIS AGREEMENT AND THAT MAY APPEAR THROUGHOUT THE WEB SITE.

USER-SUBMITTED CONTENT REPRESENTATIONS MADE AND RIGHTS GRANTED

You are responsible for all Content that you submit, post, or otherwise make available to or through the Web Site. By doing so, you (1) represent and warrant to Fitterfox that such content is not confidential and that you have all necessary permission to submit, post and otherwise make available such Content; (2) grant to Fitterfox and its affiliates a worldwide, nonexclusive, perpetual, fully sub-licensable, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute (including, without limitation, making available on-line, electronically transmitting or otherwise communicating to the public), perform, and display such Content (in whole or part) worldwide via the Web Site or otherwise, and/or to incorporate it in other works in any form, media, or technology now known or later developed; and (3) consent to all relevant acts or omissions in relation to your moral rights in such Content which may or might otherwise constitute a breach or infringement of those moral rights and to the extent permitted by law, waive all your moral rights in such Content.
Restrictions on Submissions: You agree that you will not submit, post, or otherwise make available to or through the Web Site any Content, that: a. Is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortuous, libelous, or invasive of another's privacy; b. Infringes or violates any party's copyright, trademark, trade secret, patent, or other proprietary right; c. Contains any worms, viruses, or other harmful, disruptive, or destructive files, code, or programs; d. Includes any unauthorized advertising, promotional materials, chain letters, spam, junk mail, or any other type of unsolicited mass e-mail to people or entities that have not agreed to be part of such mailings; or e. You do not have the right to submit, post, disseminate, or transmit. f. Details regarding our use of personally identifiable information included in User submitted Content are set out in our Privacy Policy.

Refund Policy

If you are not 100% satisfied with our services, you may contact us at contact@fitterfox.com for a refund. The amount would be refunded to you would be determined in the following way.
1) If you have not unlocked any premium workout, premium plan or trainer subscription; 100% of the amount will be refunded after deducting the processing fee and the bank charges.
2) If you have unlocked a premium workout or plan, your amount shall be refunded after deducting the value of the workout or plan, processing fee and the bank charges.
3) If you have unlocked a trainer subscription, the amount shall be refunded after deducting the value of the subscription on a prorata basis, the processing fee and the bank charges.
The re-fund shall be or the refund will be processed through the payment gateway within 15 (fifteen) days.
The Customer must notify Fitterfox about any billing problems or discrepancies within 30 days after charges are incurred. If it is not brought to our attention within 30 days, the Customer agrees to waive their right to dispute such problems or discrepancies.

OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS

This Web Site is owned by Fitterfox. All right to, title to, and interest in the Content available via the Web Site, the Web Site's look and feel, the designs, trademarks, service marks, and trade names displayed on the Web Site, and the Web Site URLs, are the property of Fitterfox or its licensors, and are protected by copyrights, trademarks, patents, or other proprietary rights and laws. License to Use Content Fitterfox grants you a nonexclusive, non-transferable, revocable, limited license to view, copy, print, and distribute Content retrieved from the Web Site only for your personal, non- commercial use, provided that you do not remove or obscure any copyright notice, trademark notice, or other proprietary rights notices displayed on or in conjunction with the Content. You may not use any Content available via the Web Site in any other manner or for any other purpose without the prior written permission of Fitterfox. All rights not expressly granted in this Agreement are expressly reserved to Fitterfox. Trademark Notices All trademarks, service marks, logos and designs used on this Web Site, whether registered or unregistered, are owned by Fitterfox or other third parties. You may not use or display any trademarks, service marks, logos or designs owned by Fitterfox or its affiliates without our prior written consent.

CHANGES TO THIS PRIVACY POLICY

We reserve the right to amend it from time to time and if we change it materially, we will post a revised version on the website. Please check back periodically, and especially before you provide any personally identifiable information to us.

MODIFICATION OR SUSPENSION OF THE WEB SITE

Fitterfox may at any time modify, discontinue, or suspend its operation of this Web Site, or any part thereof, temporarily or permanently, without notice to you. The content of the Web Site, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute/substitute professional medical advice, diagnosis, treatment or recommendations of any kind. You should always seek the advice of your qualified heath care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. You agree that you will not under any circumstances disregard any professional medical advice or delay in seeking such advice in reliance on any content provided on or through the Website/ Application. Reliance on any such content is solely at your own risk.
The content provided on or through this Website/ Application regarding drug or dietary supplements have not been evaluated or approved by any regulatory authority including the Drug Controller of India.

DISCLAIMER

If you are older than 35 years of age, or if you have not been physically active for more than 1 year, or if you have any medical history that may put you at risk, including, without limitation, one or more the following conditions, you are required to seek approval from a qualified health care practitioner prior to using the Service:

  • heart disease
  • high blood pressure
  • family history of high blood pressure or heart disease
  • chest pain caused by previous exercise
  • dizziness or loss of consciousness caused by previous exercise
  • bone or joint problems
  • diabetes, high cholesterol, obesity
  • arthritis

You should discontinue exercise in cases where it causes pain or severe discomfort, and should consult a medical expert prior to returning to exercise in such cases. We reserve the right to deny you access to the Service for any reason or no reason, including if we determine, in our sole discretion, that you have certain medical conditions.

LIMITATIONS OF LIABILITY

Fitterfox and its affiliates assume no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the content available via the Website or Application . You must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. Additionally, in no event will Fitterfox or its affiliates be liable for any special, indirect, incidental, punitive, or consequential damages, including, without limitation, any loss of use, loss of profits, loss of data, cost of procurement of substitute services, or any other such damages, howsoever caused, and on any theory of liability, whether for breach of contract, tort (including negligence and strict liability), or otherwise resulting from (1) the use of, or the inability to use, the Website/Application; (2) the cost of procurement of substitute services, items, or Websites; (3) unauthorized access to or alteration of your transmissions or data; (4) the statements or conduct of any third party on the website/mobile application; or (5) any other matter relating to the website/mobile aplication. These limitations will apply whether or not Fitterfox has been advised of the possibility of such damages and notwithstanding any failure of essential purpose of any limited remedy.