Our Weight loss and fitness programs provide guidance towards loosing weight in a Natural Method. The weight management and lifestyle-related information applications and content published over the Internet and the classes and programs conducted are intended only to assist users in their personal weight management and healthy lifestyle efforts and goals.
Paramaguru Fitness is providing these services as non-medical services and the Coaching is not medical coaching and paramaguru or our staff cannot give you medical advice or diagnosis. Nothing contained in our Website or through the Coaching should be construed as such advice or diagnosis. The information and reports generated by us should not be interpreted as a substitute for physician consultation, evaluation, or treatment.
You are urged and advised to seek the advice of a physician before beginning this or any lifestyle-related or weight management effort or regimen. You represent that you are in good enough health to begin using our Services, which may include changes to your diet and/or physical activity, and/or other lifestyle related behaviors. Individuals with chronic diseases or health problems supervision are specifically warned to seek professional medical advice prior to initiating any form of weight management or lifestyle change effort. If you have been diagnosed with a chronic disease or other health condition, you represent that you have obtained approval from your health care provider to receive the Services before using them and that you will be actively supervised by your health care provider while utilizing our Services.
User participation and engagement are required. User acknowledges that results may vary, despite your efforts, and Paramaguru cannot guarantee that you will lose weight or achieve your lifestyle-related goals.
Restrictions on Use of Materials
You acknowledge that our Website and/or Mobile App, the live online classes contains information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials (collectively, “Content”) that are protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed.
All trademarks and trade names appearing on our Website are trademarks and trade names of their respective owners. Our commercial partners, suppliers, advertisers, sponsors, licensors, contractors and other third parties may also have additional proprietary rights in the Content which they make available on our Website.
You may not record, modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded to your computer or mobile phone or other electronic device, you do not obtain any ownership interest in such Content.
Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.
If, at our request or on your own, you send, email, post or otherwise transmit to us or our Website and/or Mobile App any Content (collectively, the “Submissions”), you grant Paramaguru Fitness and its successors and assigns a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license (as well as consent) to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display any Submissions (in whole or in part and with or without the use of your name) worldwide and/or to incorporate the Submissions in other works in any form, media, or technology now known or later developed, for the full term of any copyrights, trademarks and other intellectual and proprietary rights (collectively, the “Rights”) that may exist in such Submissions. You also warrant that, to the extent you are not the exclusive holder of all Rights in a Submission, any third party holder of any Rights, including moral rights in such Submissions, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above.
You further acknowledge that Paramaguru Fitness and its successors and assigns will be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. You also permit any user to access, display, view, store, and reproduce any Submission that you have made available in a Community Platform (including Group Chat) for personal use. Subject to the foregoing, the owner of a Submission placed on our Website and/or Mobile App retains any and all Rights that may exist in such Submission. None of the Submissions will be subject to any obligation of confidence on our part, and we will not be liable for any use or disclosure of any Submissions.
We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and in our sole discretion, terminate the rights of any user to use our Website and/or Mobile App, live online classes and programs (or any part thereof) who infringes the intellectual property rights of others.
Charges, Time Frame, Transferability and Fees for Coaching
Certain portions, components, content and features of our Website and/or Mobile App, access to live online classes may only be available to individuals who purchase a subscription to our Coaching. As a subscriber to our Services, you agree as follows:
- You agree to pay, using a valid credit card (or other form of payment which we may accept from time to time; or payment from your employer in the case of an employer sponsored wellness offering), the fixed and periodic charges set forth on our Website, applicable taxes, and other charges and fees incurred in order to access our Services. We reserve the right to increase charges and fees, or to institute new charges or fees at any time, upon reasonable advance notice communicated to you through a posting on our Website or such other means as we may deem appropriate from time to time (including electronic mail or conventional mail). We will automatically charge your credit card or other account at the start of your selected billing period (i.e. monthly, quarterly, annually), unless you terminate or cancel your subscription before the relevant billing period begins. Each time you use our Services you reaffirm your agreement that we may charge your credit card (or other form of payment, or your employer in the case of an employer sponsored wellness offering, if applicable). In the event we cannot charge your account, we reserve the right to terminate your access to our Services.
- In addition to the fees and charges set forth above, you are responsible for all charges and fees associated with connecting to and using our Services including without limitation all telephone access lines (including long-distance charges, when applicable), internet service provider fees, telephone and computer equipment, sales taxes and any other fees and charges necessary to access our Services.
- For purposes of your use of our Services including identification and billing, you agree to provide us with true, accurate and complete information as required by the subscription or sign up process to the Services (“Subscription Data”), including your legal name, address, telephone number, email address and applicable billing information (e.g., credit card number and expiration date), and to allow us to share your Subscription Data with third parties for the purpose of verifying the information you provide, communicating with you, and billing your credit card or otherwise charging your account. You agree to maintain and promptly update the Subscription Data and any other information you provide to us to keep it accurate. Without limiting any other provision of this Agreement, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account or subscription and refuse any and all current or future use by you of our Services. You agree not to register or subscribe for more than one account, create an account on behalf of someone else, or create a false or misleading identity on our Website and/or Mobile App and/or Coaching and/or E-Newsletter. If your registration or subscription is revoked for any reason, you agree not to register or subscribe again with our Services using another user name or through any other means. If we have reason to suspect, in our sole discretion, that your account has previously been terminated, we reserve the right to terminate any new accounts you have registered without any notice to you, or to exercise any other remedies available to us under this Subscription Agreement or by law.
- You are entirely responsible for maintaining the confidentiality of your password and user account information. You must notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else’s password or credit card information. In the event of a breach of security by you, you will remain liable for any unauthorized use of your subscription until you update your Subscription Data. You are entirely responsible for any and all activities which occur under your user account. You are responsible for paying any amounts billed to your credit card by a third party which were not authorized by you.
- You agree that all fees and charges assessed by us are nonrefundable. If your cancellation of your subscription to our Services is due to your failure to satisfy limitations we set based on demographic, geographic, health or other similar criteria prior to the end of a period for which you have incurred a charge, with the exception of any fixed upfront fee (such as the Sign Up Fee), we will refund any unused portion of such period in accordance with the refund policy we have in effect at such time.
- The Programs, subscriptions you purchase are subjected to the time frame or period which you have opted for and this cannot be extended on any ground. The subscription, the programs or the plans you purchase are not transferable to any other person.
Availability of Coaching
The availability, usage and permission to the Live online classes, Mobile App and/or Coaching (or any portion thereof) may be limited based on demographic, geographic, health or other criteria as we may establish from time to time. You understand and agree we may disallow you from subscribing and participating to the live online classes, Mobile App and/or Coaching or may terminate your subscription, participation and entry into Live online classes, Mobile App and/or Coaching at any time based on these criteria.
Governing Law and Jurisdiction
This Agreement/Terms and Conditions will be governed by and construed in accordance with the laws prevailing in State of TamilNadu, India, Chennai Jurisdiction, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to your use of our Services, Weight loss programs, fitness programs, live classes, Website, and/or Mobile App (including, without limitation, the Coaching) or this Agreement will be filed only in the courts located in Chennai Jurisdiction in the State of Tamilnadu, India and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
In any action against us arising from the use of our Services, Weight loss and fitness training programs, live online classes and programs, Website and/or Mobile App (including, without limitation, the Coaching), the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney’s fees.
If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and will not affect the validity and enforceability of any remaining provisions. This Agreement is the entire agreement between you and us relating to the subject matter herein.
This Agreement may be modified only by our posting of changes to this Agreement on our Website and/or Mobile App, or by written agreement of both parties. Each time you access our Website and/or Mobile APP, you will be deemed to have accepted any such changes.
We may assign our rights and obligations under this Agreement. This Agreement will inure to the benefit of our successors, assigns and licensees. The failure of either party to insist in any one or more instances upon the strict performance of the terms, covenants, or conditions of this Agreement and to exercise any right under this Agreement, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the obligations of the other party with respect to future performance will be and remain in full force and effect.