Terms and Condition
Additionally, the subscribers of the Fitness Services (as defined below) offered by Talisman shall abide by certain terms and conditions mentioned below:
- a ) In case the user is under 18 years of age, the subscriptions can be purchased only by the parents and/ or the legal guardians, provided that the parent and/ or legal guardian shall have duly executed a guardian consent form, in the format as approved by Talisman;
- b) Under the subscriptions, You can only avail the classes at select centres. Further, You shall not have access to any other programs or facilities or centres not such classes;
- c) The subscription is non-transferable. If the subscription is found to being used by any person other then who it was purchased for, the subscription will be cancelled immediately, without refund of any fees.
- You acknowledge that the Program is a web service that allows You to avail services / buy products directly from the Company as well as from various vendors. Some of the services and products available on the Program are listed below:
a) Purchase enJogo subscription / classes and allied services ("Fitness Services");
b) Procurement and / or generation, reproduction on the Program, sharing with relevant Vendors (defined below) for You, if applicable, and communication to You of (i) Your indicative usage and / or consumption data of Fitness Services, and (ii) any documents or data generated from Your purchase and / or usage and / or consumption of aforementioned products and / or services, including transaction summaries, invoices, reports, scores, achievements, access to photos, etc. ("Other Varied Services"). Varied Products (as defined below), Varied Booking Services and Other Varied Services shall be collectively referred to as "Varied Offerings". Fitness Services and Varied Offerings shall be collectively referred to as "Program Services" and shall be provided by various vendors, specified herein below and third parties including the Third Party Service Provider with whom the Company or respective vendor has contractual arrangements ("Vendors"). The Company shall facilitate the provision of the Program Services and independently provide Varied Offerings and provide such other services (including account creation and management, management of the products and services purchased / booked on the Program, payment and transaction summary generation services etc.) to You by allowing You to register and access the Program on the terms and conditions set forth below.
- The charges indicated on the Program for the Program Services will be as determined by the Company or respective Vendors, as the case may be, and is excluding taxes and other applicable charges as mentioned on the Program. The charges and Program Services may change at the Company's or Vendors' sole discretion and the Company and Vendors 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.
- Any order/booking made for a Program Service(s) through the Program shall be, in addition to the terms mentioned herein, subject to additional terms and conditions by the Vendors (including offers, terms of sale or use, discount and sales schemes/ campaigns offered from time to time) mentioned on Vendor's respective website / mobile application, which You are presumed to have read and accepted at the time of placing the order/booking.
- The Program 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.
- Talent Invigoration and Sports Management Pvt. Limited ("Talisman") provides offline and online Fitness Services, booking of its facilities, sports related training activities including football training under the brand names 'Bhaichung Bhutia Football Schools' and 'enJogo';
- Talisman /Program hereby disclaims any guarantees of exactness as to the duration, type, satisfaction from the Fitness Services provided by it and/or Vendor respectively. Further, Talisman/Program makes no representation that Fitness Services provided by it and/or Vendor are appropriate or safe for use. You agree that the Fitness Services offered herein, by their very nature, include certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries and/or any kind of losses. You hereby assert that Your participation is voluntary and that You knowingly assume all such risks and hence hereby release Talisman, Program or Vendor of all liability arising out of such aforementioned risks;
- If Talisman, Vendor or its business partner(s) run any offers or discounts subsequent to Your purchase, neither Talisman, Program, Vendor nor its business partner(s) are obliged to offer You the benefits under such subsequent offers, however Talisman, Program, Vendor or its business partner(s), as may be the case, may offer You benefits under subsequent offers at an additional fee. In addition to these terms, there are additional terms and conditions applicable on You under the specific offers, discounts and sales schemes/ campaigns;
- You agree to abide by Facility Usage Policy mentioned below:
- a) Under Fitness Services limited / select subscription(s), You can only book, access and attend classes / sessions at Your primary / home centre, chosen by You at the time of buying Your subscriptions, and access to other centres / outdoor centres / activities / formats shall not be permitted. The number of classes / sessions permitted to be booked shall be as per the respective subscription's terms and conditions. Access to the classes / sessions shall be subject to the availability and shall be accessible on a first come first serve basis. Talisman shall not entertain any requests for changing of Your primary / home center to another center.
- b) You shall not be allowed to book and attend classes / sessions at centre(s), other than Your primary / home centre. Your access to certain fitness centres may be restricted at the sole discretion of Talisman, even if You have managed to buy subscriptions, and / or book class(es) / session(s) e.g. for centres falling outside the city of your purchase, exclusive centres, etc. Access to the classes / sessions shall be subject to the availability and shall be accessible on a first come first serve basis. However, Talisman reserves the right to penalize you or suspend / terminate Your subscription in case of misuse of classes at centres that are not Your primary / home fitness centres.
- c) Under enJogo subscriptions, You shall be able to book and attend classes/sessions/activities offered Talisman and avail such other services as available in the Fitness Services. Access to the classes/sessions/activities available under Fitness Services shall be subject to the availability of the said classes/sessions as offered by Talisman and shall be accessible on a first come first serve basis. The number of classes / sessions permitted to be booked shall be as per the respective subscription's terms and conditions. However, Your access to certain fitness centres listed on enJogo may be restricted at the sole discretion of the Program, even if You have managed to buy subscriptions, and / or book class(es) / session(s) e.g. for centres falling outside the city of your purchase, etc. Further, the Program reserves the right to penalize you or suspend / terminate Your subscription in case of misuse of Fitness Services, or for reasons decided by the Program.
- d) Under the subscription, You can cancel the classes booked by You at Talisman fitness centres. However, Talisman/Program reserves the right to penalize You or suspend / terminate Your subscription in case of excessive / delayed / last-minute cancellations. Under any subscription plan, low attendance and/ or excessive irregularity in attending classes may attract penalty or cancellation/ revocation of your slot in that batch.
- e) In case of You moving to another city where Talisman provides its services, Talisman may transfer Your subscription against the receipt of price difference and any applicable service fee for the same or reduce the duration of your subscription period (as applicable).
- f) You agree to abide by the fitness centers' and Talisman Code of Conduct.
- Talisman/Program and/or Vendor may review Your usage of the Fitness Services that violates the Code of Conduct, and suspend or terminate Your subscription at any time for any reason at their sole discretion with or without notice to You. If any complaint is received against a User to the effect he/she has used the Fitness Services for the above purposes, then upon receiving such complaint Talisman/Program and/or Vendor reserve the right to terminate the account / User's subscription in question. Talisman/Program and/or Vendor also reserve the right to initiate legal action against You.
- You have provided Your consent to Talisman/Program to share Your health and other records, if any, with the Company, Third Party Service Providers or other service providers for providing services to you.
- Talisman may offer You the opportunity to get Your photographs and videos clicked & recorded (either single photo, group photo or videos with other users) during a class/session in fitness centres as decided by Talisman at its sole discretion ("Media"). The Media shall be clicked and/or recorded by the centre managers or any individual authorised by Talisman's personnel and shall be accessed and used in the manner stated herein below:
- b) Permission to use and Ownership of Media: You hereby acknowledge and agree that Talisman exclusively owns all the intellectual property rights including copyright and other related rights in the Media. You hereby grant Talisman an exclusive, transferable, royalty free, right to copy, irrevocable and worldwide licence to own, use, copy, host, distribute, store, copy, share modify, perform, create derivative works and publicly display the Media on public forum including on social media platform at its sole discretion. Talisman reserves all the right, title and interest not expressly granted to the fullest extent possible under applicable laws. Unless stated otherwise, all Media are believed to be in the public domain as either promotional materials or publicity photos/ videos as Talisman may determine at its sole discretion. Additionally, the Media may be internally shared with Talisman's coaches/ team/trainers via third party multi-media platforms, including but not limited to, Whatsapp, Telegram, Hike etc.
- In the near future, the Company may retail various multi-brand "Varied Products", which may include, but not be limited to, merchandise etc. on the Program. We hereby disclaim any guarantees of exactness as to the finish, appearance, size, color etc., of the Varied Products as ordered by You.
- Return, exchange, cancellation and fulfilment of Varied Products shall be as per the FAQs available on the Program.
Varied Booking Services and Other Varied Services:
- In order to avail Other Varied Services, You agree to having provided Your consent to Talisman to share all health and other medical records provided by You to Talisman and/or registered medical practitioners, professionals, and third parties/ vendors engaged by Talisman with the Company.
- You may cancel or reschedule appointments using the Program, subject to permitted cancellation & rescheduling timelines and availability of a timeslot. Talisman and also reserves the right to cancel or reschedule appointments.
- Talisman shall not be liable for any inconvenience or loss caused to You as a result of such rescheduling, cancellation and delay in performance or failure to meet its obligations except for the reasons expressly specified.
- All the terms and conditions in relation to the services provided by Talisman have been detailed on its website.
- As part of the Program Services provided to You, after availing such services, You agree to provide honest feedback/review about the concerned Program Service, if required by the Company.
- In case of any dissatisfaction with the Program Services, You shall first file a formal complaint with the customer service of the Company, prior to pursuing any other recourse. The complaints can be lodged at email@example.com, and upon lodging a complaint You agree to provide complete support to the customer service team with such reasonable information as may be sought by them from You. The decision of the Company on the complaints shall be final and You agree to be bound by the same.
Eligibility to Use
- The Company reserves the right to refuse access to the Program or Program Services to new Users or to terminate access granted to existing User(s) at any time without any reasons for doing so.
- You shall not have more than one active Account (as defined hereinafter) on the Program. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another party or impersonating any other person for the purposes of creating an account with the Program.
User Account, Password, and Security
- In order to avail the Program Services (as defined hereinafter) on the Program, You will have to register on the Program by providing details about Yourself, including Your name, address, contact details and such other details as may be required on the Program and create an account ("Account").
- 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 Program. 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 Program (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.
- 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 (a) immediately notify the Company of any unauthorized use of Your Account information or any other breach of security, and (b) 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 Program due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account information secure and confidential.
- Use of another User's Account information for availing the Program Services is expressly prohibited.
- 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 Program in good standing. By providing the Payment Details, You represent, warrant, and covenant that:
- You are legally authorized to provide such Payment Details;
- You are legally authorized to perform payments using such Payment Details; and
- The payment receipt for completion of a transaction shall be provided by the respective Vendors and the transaction summary shall be provided by the Company, the payment receipt and transaction summary shall be made available on the Program and also sent to your registered email address. Company collects payment on behalf of the respective Vendor, and eventually settles the same.
- Except to the extent otherwise required by applicable law, the Company is not liable for any payments authorized through the Program using Your Payment Details. Particularly, the Company is not liable for any payments that do not complete because:
- 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.
- You have not provided the Company with correct Payment Details;
- Your payment card has expired; or
- circumstances beyond the Company's control (such as, but not limited to, power outages, interruptions of cellular service, or any other interference from an outside force) prevent the execution of the transaction.
- Fitness Services – Any enJogo subscription / sessions / classes bought by You are non-refundable, non-exchangeable, and non-saleable. In the event of permitted / enJogo cancellations, refunds shall be made within 30 days from the date of such cancellation to the original source of your payment.
- 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.
- With regards to payments, the Program shall not be responsible for any unauthorized transactions conducted on our Program using Your payment card or internet banking. The Program shall not be obligated to refund any money to You in such instances.
Use of Program
- You agree not to access (or attempt to access) the Program and the materials or Program Services by any means other than through the interface that is provided by the Company. You shall not use any malware, deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Program or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Program, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Program.
- You acknowledge and agree that by accessing or using the Program or Program Services or Content, You may be exposed to content from others that You may consider offensive, indecent or otherwise objectionable. The Company disclaims all liabilities arising in relation to such offensive content on the Program.
- Further, You undertake not to:
- a) defame, abuse, harass, threaten or otherwise violate the legal rights of others;
- b) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
- c) copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from the Company;
- d) conduct or forward surveys, contests, pyramid schemes or chain letters;
- e) upload or distribute files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents;
- f) upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Program or another's computer or provide you undue advantage or benefit in purchasing goods / availing services;
- g) engage in any activity that interferes with or disrupts access to the Program or the Program Services or the Content (or the servers and networks which are connected to the Program);
- h) attempt to gain unauthorized access to any portion or feature of the Program, any other systems or networks connected to the Program, to any Company server, or to any of the Program Services offered on or through the Program, by hacking, password mining or any other illegitimate means;
- i) probe, scan or test the vulnerability of the Program or any network connected to the Program, nor breach the security or authentication measures on the Program or any network connected to the Program. You may not reverse look-up, trace or seek to trace any information on any other User, of or visitor to, the Program, to its source, or exploit the Content, Program or Program Services or information made available or offered by or through the Program, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided on the Program;
- j) disrupt or interfere with the security of, or otherwise cause harm to, the Program, systems resources, accounts, passwords, servers or networks connected to or accessible through the Program or any affiliated or linked sites;
- k) collect or store data about other Users in connection with the prohibited conduct and activities set forth in this Section.
- l) use any device or software to interfere or attempt to interfere with the proper working of the Program or any transaction being conducted on the Program, or with any other person’s use of the Program;
- n) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
- o) violate any applicable laws or regulations for the time being in force within or outside India or anyone’s right to privacy or personality;
- q) reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Program.
- Except as expressly indicated herein, the Company hereby grants You a non-exclusive, freely revocable, non-transferable access to view any Content available on the Program, subject to the following conditions:
- b) You may not modify or alter the Content available on the Program;
- c) You may not distribute or sell, rent, lease, license or otherwise make any Content on the Program available to others; and
- d) You may not remove any text, copyright or other proprietary notices contained in the Content downloaded from the Program.
Intellectual Property Rights
- The Program and the processes, and their selection and arrangement, including but not limited to, all text, videos, graphics, user interfaces, Photos, visual interfaces, spoken or generated audio, sounds and music (if any), artwork and computer code (and any combinations thereof) (collectively, the "Content") on the Program 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.
- The trademarks, logos and service marks displayed on the Program ("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.
Disclaimer of Warranties & Liability
You expressly understand and agree that, to the maximum extent permitted by applicable law:
- the Company will have no liability related to any user Content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. The Company also disclaims all liability with respect to the misuse, loss, modification or unavailability of any User Content.
- the Company will not be liable for any loss that You may incur as a consequence of unauthorized use of Your Account or Account information in connection with the Program or Program Services, either with or without your knowledge.
- the Company has endeavored to ensure that all the information on the Program is correct, but the Company neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, or Program Services. The Company shall not be responsible for the delay or inability to use the Program or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities and related graphics obtained through the Program, or otherwise arising out of the use of the Program, whether based on contract, tort, negligence, strict liability or otherwise. Further, the Company shall not be held responsible for non-availability of the Program during periodic maintenance operations or any unplanned suspension of access to the Program that may occur due to technical reasons or for any reason beyond the Company's control. You understand and agree that any material or data or Content downloaded or otherwise obtained through the Program is done entirely at Your own discretion and risk, and that You will be solely responsible for any damage to Your computer systems or loss of data that results from the download of such material or data.
Indemnification and Limitation of Liability
- In no event shall the Indemnitees be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, arising out of or in connection with Your use of or access to the Program, Program Services or Content on the Program. The limitations and exclusions in this Section apply to the maximum extent permitted by applicable laws.
- If applicable law does not permit the exclusion of certain warranties or the limitation or exclusion of liability, the scope and duration of such warranty exclusions and the extent of the liability of the Company shall be the minimum permitted under applicable law.
Suspension and Termination
- If You or the Company terminate Your use of the Program, the Company may delete any Content or other materials relating to Your use of the Program Services and the Company shall have no liability to You or any third party for doing so. However, your transactions details may be preserved by the Company for purposes of tax or regulatory compliance.
- You shall be liable to pay for any Program Services that you have already ordered till the time of termination by either party whatsoever.
These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals, fora, applicable authorities at New Delhi.
Report Abuse and Grievance Redressal
You hereby expressly agree to receive communications by way of SMS, push notifications, calls and/or e-mails from the Company, Vendors and other third parties relating to the Program Services provided through the Program. You can unsubscribe/ opt-out from receiving communications through SMS and e-mail anytime by emailing firstname.lastname@example.org. However, this may limit the extent of Program Services that you can avail.
If You believe the Program or any of the Program Services violates Your intellectual property, You must promptly notify the Company in writing at email@example.com These notifications should only be submitted by the owner of the intellectual property or an agent authorized to act on his/her behalf. However, any false claim by You may result in the termination of Your access to the Program. You are required to provide the following details in Your notice:
- a) the intellectual property that You believe is being infringed;
- b) the item that You think is infringing and include sufficient information about where the material is located on the Program;
- c) a statement that You believe in good faith that the item You have identified as infringing is not authorized by the intellectual property owner, its agent, or the law to be used in connection with the Program;
- d) Your contact details, such as Your address, telephone number, and/or email;
- e) a statement that the information You provided in Your notice is accurate, and that You are the intellectual property owner or an agent authorized to act on behalf of the intellectual property owner whose intellectual property is being infringed; and
- f) Your physical or electronic signature.
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