Terms And Conditions – Healthiersideup

Welcome to THE FIT Scrum (the “Platform”), which is provided by a sole proprietorship firm. This document is an electronic record in terms of Information Technology Act, 2000 and published in accordance with the provisions of Rule 4 of the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 that require publishing the Rules and Regulations, Privacy Policy and Terms and Conditions for access or usage of Platform through Website [www.thefitScrum.com] (hereinafter referred to as “Website”) and our related Website, Services, Products and content (together with Website, collectively referred to as “Services”).

Agreement to terms

User Agreement

These terms and conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you” or “user” or “client”) and THE FIT Scrum (“firm”, “we,” “us” or “our”), concerning your access to and use of the Website as well as any other media form, media channel or mobile website related, linked, or otherwise connected thereto (collectively, the “Website”). The Fit Scrum may have subsidiaries and affiliated legal entities around the world (“Subsidiaries and Affiliates”), providing the Services to you on behalf of The Fit Scrum. You acknowledge and agree that the Subsidiaries and Affiliates will be entitled to provide the Services to you under the terms of this Agreement. You agree that by accessing the Website, you have read, understood, and agree to be bound by all of these Terms & Conditions.

IF YOU DO NOT AGREE WITH ALL OR ANY OF THESE TERMS AND CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE WEBSITE AND YOU MUST DISCONTINUE THEIR USE IMMEDIATELY. Changes to terms & conditions

Supplemental terms and conditions or documents that may be posted on the Website from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Website or using any of the Services after the date such revised Terms and Conditions become effective. The information provided on the Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Website from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

Eligibility

You must be at least 18 to enroll with a coach on the Platform. If you are below the age of 18 (“Minor”), you may use our Services only with the supervision and consent of a parent or guardian. No individual under these age limits may use our Services, provide any Personal Data to The Fit Scrum, or otherwise submit Personal Data through the Services (e.g., a name, address, telephone number, or email address). As a minor, if you wish to use our products or services, such use shall be made available to you by your legal guardian or parents, who has agreed to these terms. In the event a minor utilizes the website/services, it is assumed that he/she has obtained the consent of the legal guardian or parents and such use is made available by the legal guardian or parents. The company will not be responsible for any consequence that arises as a result of misuse of any kind of our website or any of our products or services that may occur by virtue of any person including a minor registering for the services/products provided. By using the products or Services. You warrant that all the data provided by you is accurate and complete and that the minor using the website has obtained the consent of the parent/legal guardian (in the case of a minor). The company reserves the right to terminate your account and/or refuse to provide. You with access to the products or services, if it is discovered that you are under the age of 18 (eighteen) years and the consent to use the products or services, is not made by your parent/legal guardian or any information provided by you is inaccurate. You acknowledge that the company does not have the responsibility to ensure that you conform to the aforesaid eligibility criteria. It shall be your sole responsibility to ensure that you meet the required qualification. Any persons under the age of 18 (eighteen) should seek the consent of their parents/legal guardians before providing any information about themselves or their parents and other family members on the website.

Health disclaimer

In consideration of being allowed to participate in the coaching services offered by The Fit Scrum and in addition to the payment of any fee or charge, you do hereby waive, release and forever discharge and hold harmless The Fit Scrum and its coaches, consultants, officers, agents, and employees from any and all responsibility, liability, cost and expenses, including injuries or damages, resulting from your participation in any activities, or your use of coaching Services. You do also hereby release The Fit Scrum, its coaches, consultants, officers, agents and employees from any responsibility or liability for any injury, damage or disorder (physical, metabolic, or otherwise) to you, or in any way arising out of or connected with your participation in any activities with The Fit Scrum. You understand and you are aware that strength, flexibility, and aerobic exercise, including the use of equipment are potentially hazardous activities. You also understand that fitness activities involve a risk of loss of personal property, serious injury and even death and that you are voluntarily participating in these activities and using equipment and machinery with knowledge of the risk involved. You hereby agree to expressly assume and accept any and all risks of loss of personal property, serious injury or death related to said fitness activities. In addition, You certify that you are 18 years of age or older. You do hereby further declare yourself to be physically sound and suffering from no condition, impairment, disease, infirmity or other illness that would affect nutrient metabolism or prevent your participation or use of equipment or machinery except as hereinafter stated. And You also agree that if you are suffering from any ailment or any medical condition you have to inform and produce relevant documents to The Fit Scrum before beginning any fat loss effort regimen, physical activities or any other plans that may be referenced, discussed or offered under the Services. You do hereby acknowledge that The Fit Scrum has recommended to you to obtain a physician’s approval for your participation in an exercise/fitness activity or in the use of exercise equipment and machinery. You also acknowledge that The Fit Scrum has recommended that you have a yearly or more frequent physical examination and consultation with your physician as to physical activity, exercise and use of exercise and training equipment so that you might have his/her recommendations concerning these fitness activities and use of equipment. You acknowledge that you have either had a physical examination and been given your physician’s permission to participate, or that you have decided to participate in an activity and use of equipment, machinery, and programs designed by The Fit Scrum without the approval of your physician and do hereby assume all responsibility for your participation and activities, and utilization of equipment and machinery in your activities. THE FIT Scrum DOES NOT PROVIDE PROFESSIONAL MEDICAL SERVICES OR ADVICE. THE SERVICES PROVIDED BY THE COACHES ON THE WEBSITE DO NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS MEDICAL ADVICE OR OPINION. NO DOCTOR-PATIENT RELATIONSHIP IS CREATED. USE OF THE SERVICES IS NOT FOR MEDICAL EMERGENCIES. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CONSULT YOUR DOCTOR. YOUR USE OF THE SERVICES DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND ANY OF THE THE FIT SCRUM PARTIES (INCLUDING, WITHOUT LIMITATION, COACHES) OR ANY OF THE FIT SCRUM SERVICE USERS). In case you face any medical emergency, it could be looked into provided all documents are submitted on time and illness is communicated to the coach and this will be done at THE FIT SCRUM discretion. The Nutrition/Training Plans provided by the coaches and available on its website are not meant to treat or manage any health condition. Always consult with your healthcare provider prior to adjusting your current style of eating or beginning any new nutrition and/or training plan. You understand that you are agreeing to the terms of the Firm i.e., The Fit Scrum having known that beforehand and understanding that not following the instructions and structured Nutrition Plans entirely and regularly will not produce 100% results.

Intellectual property rights

THE Healthier Sideup is a registered Trademark. Unless otherwise indicated, the Website is our proprietary property and all content, source code, databases, functionality, software, website designs, audio, video, text, images, photographs, graphics, illustrations, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials, including nutritional information contributed to the Food Database on the Website (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of India, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Website https://www.healthiersideup.com for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Website and no Content or Marks may be modified, copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, performed, encoded, translated, transmitted, distributed, sold, licensed, create derivative works of or otherwise exploited for any commercial purpose whatsoever in whole or in part, without our express prior written permission. Provided that you are eligible to use the Website, you are granted a limited license to access and use the Website and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Website, the Content and the Marks. 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 Services. You may not 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, phone, tablet or any other mobile 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 applications or networked computer environment is strictly prohibited unless you receive our prior written consent.

How we use your information

We use the information we collect in various ways, including to:

• All registration information you submit will be true, accurate, current, and complete.

• You will maintain the accuracy of such information and promptly update such registration information as necessary;

• You have the legal capacity and you agree to comply with these Terms and Conditions;

• You are not a minor in the jurisdiction in which you reside;

• You will not access the Website through automated or non-human means, whether through a bot, script or otherwise;

• You will not use the Website for any illegal or unauthorized purpose; and

• Your use of the Website will not violate any applicable law or regulation.

• Your use of the Website you will not copy/change/edit any of The Healthier Sideup templates, all you can do is use it to input values where required while the service is on. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).

Fees & Payments

We accept credit cards, debit cards, net banking, mobile wallets, UPI, PayPal & stripe. GST will be added to the price of purchases as deemed required by us. We may change prices at any time. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the website. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We bill you through an online billing account for purchases made via the website. You agree that for any service offered by The Healthier Sideup, Day 1 of the package starts the day you enroll with a coach by making a payment through the website. Money transactions can only be done from its website https://www.healthiersideup.com/. We reserve the right to refuse any order placed through the website.

Community Standards & Conduct Guidelines

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the Services, you agree not to:

• Systematically retrieve data or other content from the website to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

• Make any unauthorized use of the Website, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.

• Use a buying agent or purchasing agent to make purchases on the website.

• Use the website to advertise or offer to sell goods and services.

• Circumvent, disable, or otherwise interfere with security-related features of the Website, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the website and/or the content contained therein.

• Engage in unauthorized framing of or linking to the Website.

• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

• Make improper use of our support services or submit false reports of abuse or misconduct.

• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

• Interfere with, disrupt, or create an undue burden on the Website or the networks or services connected to the Website.

• Attempt to impersonate another user or person or use the username of another user.

• Sell or otherwise transfer your profile.

• Use any information obtained from the Website in order to harass, abuse, or harm another person.

• “Stalk” or otherwise harass another user or employee of the Services.

• Access or attempt to access another user’s account without his or her consent.

• Use the Website as part of any effort to compete with us or otherwise use the Website and/or the Content for any revenue-generating endeavour or commercial enterprise.

• Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website

• Attempt to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website.

• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Website to you.

• Delete the copyright or other proprietary rights notice from any Content.

• Copy or adapt the Website software, including but not limited to Flash, PHP, HTML, JavaScript, Angular or any other code.

• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Website.

• Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).

• Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Website, or using or launching any unauthorized script or other software.

• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Website.

• Use the Website in a manner inconsistent with any applicable laws or regulations.

• You agree you will not copy/change/edit any of our templates, all you can do is use it to input values where required while the service is on. Your privilege to use the Services (including your ability to contribute to discussions on the Public Forum or communicate with Coaches and/or other users on Healthier Sideup) depends on your compliance with the community standards and conduct guidelines set forth above. We may revoke your privileges to use all or a portion of the Services and/or take any other appropriate measures to enforce these community standards and conduct guidelines if violations are brought to our attention. Further, if you fail to adhere to our community standards and conduct guidelines, or any part of these Terms & Conditions, we may terminate, in our sole discretion, your use of, or participation in, any Public Forum or the Services. Any violation of this section may subject you to civil and/or criminal liability.

YOU AGREE AND UNDERSTAND THAT YOU MAY BE HELD LEGALLY RESPONSIBLE FOR DAMAGES SUFFERED BY OTHER MEMBERS OR THIRD-PARTIES AS THE RESULT OF YOUR REMARKS, INFORMATION, FEEDBACK OR OTHER CONTENT POSTED OR MADE AVAILABLE ON THE SERVICES (INCLUDING ANY FORUM) THAT IS DEEMED DEFAMATORY OR OTHERWISE LEGALLY ACTIONABLE. UNDER SECTION 79 OF THE INFORMATION TECHNOLOGY AMENDMENT ACT, 2008, THE Healthier Sideup IS NOT LEGALLY RESPONSIBLE, NOR CAN IT BE HELD LIABLE FOR DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION TO ANY DEFAMATORY OR OTHERWISE LEGALLY ACTIONABLE REMARKS, INFORMATION, FEEDBACK OR OTHER CONTENT POSTED OR MADE AVAILABLE ON THE SERVICES.

Harassment policy

We do not tolerate harassment on The Healthier Sideup. We want people to feel safe to engage and connect with their community. Our harassment policy applies to both public and private individuals because we want to prevent unwanted or malicious contact on the platform. Context and intent matter and we allow people to share posts if it is clear that something was shared in order to condemn or draw attention to harassment. Do not:

• Repeatedly contact large numbers of people with no prior solicitation.

• Make Posts, Comments or Send messages that contain:

i. Cursing aimed at an individual or group of individuals in the thread.

ii. Calls for death, serious disease or disability, or physical harm aimed at an individual or group of individuals in the thread.

iii. Trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people.

iv. Claims that a victim of a violent tragedy is lying about being a victim, acting/pretending to be a victim of a verified event, or otherwise is paid or employed to mislead people about their role in the event when sent directly to a survivor and/or immediate family member of a survivor or victim.

• Send messages to a group that contain trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people, regardless of whether the person being targeted is a public or private individual.

• Target anyone maliciously, including public figures, by

i. Attacking them based on their status as a victim of sexual assault or sexual exploitation.

ii. Threatening any participant in public discourse with violence in an attempt to intimidate or silence them.

iii. Calling for self-injury or suicide of a specific person, or group of people.

• Target victims or survivors of violent tragedies by name or by image, with claims that they are:

i. Lying about being a victim of an event.

ii. Acting/pretending to be a victim of an event.

iii. Otherwise paid or employed to mislead people about their role in the event.

• Targe or with:

i. Claims about sexual activity or sexually transmitted disease(s).

ii. Content has been photoshopped to include threats of violence either in text or image (for example, adding bullseye, dart, gun to head).

iii. Calls for death or serious disease or disability.

iv. Statements of intent to commit violence or low severity harm in an attempt to silence someone.

• Objects created to attack through:

i. Cursing at an individual or individuals

ii. Degrading physical description

iii. Claims about blasphemy

iv. Expressions of contempt

v. Expressions of disgust

Website license

• Use license

If you access THE Healthier Sideup via a Website, then we grant you a revocable, non-exclusive, non-transferable, limited right to register and enrol and use the services on any device computer/mobile/laptop owned or controlled by you, and to access and use the website on such devices strictly in accordance with the terms and conditions of this license contained in these Terms and Conditions.You shall not: • Objects created to attack through:

i. Decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the website;

ii. Make any modification, adaptation, improvement, enhancement, translation, or derivative work from the website;

iii. Violate any applicable laws, rules, or regulations in connection with your access or use of the website;

iv. Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the website;

v. Use the website for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;

vi. Make the website available over a network or other environmental permitting access or use by multiple devices or users at the same time;

vii. Use the website for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the Website;

viii. Use the website to send automated queries to any website or to send any unsolicited commercial e-mail; or ix. Use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any application, accessories, or devices for use with the website.

Social media

As part of the functionality of the website, you may link your account with online accounts you have with third-party service providers (each such account, a “third-party account”) by either: providing your third-party account login information through the website; orallowing us to access your third-party account, as is permitted under the applicable terms and conditions that govern your use of each third-party account. You represent and warrant that you are entitled to disclose your third-party account login information to us and/or grant us access to your third-party accountt, without breach by you of any of the terms and conditions that govern your use of the applicable third-party account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the third-party account. By granting us access to any third-party accounts, you understand that:

• We may access, make available, and store (if applicable) any content that you have provided to and stored in your third-party account (the “Social Network Content”) so that it is available on and through the Website via your account, including without limitation any friend lists and;

• We may submit to and receive from your third-party account additional information to the extent you are notified when you link your account with the third-party account. Depending on the third-party accounts you choose and subject to the privacy settings that you have set in such third-party accounts, personally identifiable information that you post to your third-party accounts may be available on and through your account on the Website. Please note that if a third-party account or associated service becomes unavailable or our access to such third-party account is terminated by the third-party service provider, Social Network Content may no longer be available on and through the Website. You will have the ability to disable the connection between your account on the Website and your third-party accounts at any time.

PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.

We make no effort to review any social network content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any social network content. You acknowledge and agree that we may access your email address book associated with a third-party account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Website. You can deactivate the connection between the Website and your third-party account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such a third-party account, except the username and profile picture that become associated with your account.

Third-party website & content

The Website may contain (or you may be sent via the Website) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Website or any Third-Party Content posted on, available through, or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Website and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms and Conditions no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Website or relating to any applications you use or install from the Website. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your use and purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

Website management

• Use license

• We reserve the right, but not the obligation, to:

i. Monitor the Website for violations of these Terms and Conditions;

ii. Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities; iii.In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;

iv. In our sole discretion and without limitation, notice, or liability, to remove from the Website or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems, and v. Otherwise manage the Website in a manner designed to protect our rights and property and to facilitate the proper functioning of the Website.

Copyright, trademark, and other intellectual property infringements

We respect the intellectual property rights of others. If you believe that any material available on or through the Website infringes upon any Intellectual Property you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to Indian Copyright laws you may be held liable for damages if you make material misrepresentations in a Notification by making false copyright claims. Thus, if you are not sure that material located on or linked to by the Website infringes your copyright, you should consider first contacting an attorney. We may terminate your Healthier Sideup account if you repeatedly infringe the intellectual property rights of others.

Terms and termination

These Terms and Conditions shall remain in full force and effect while you use the Website.

WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITION, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS AND CONDITIONS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

Plan Pause/ Hold: There is no provision to put the plan on hold/ pause once started. In case you face any medical emergency, it could be looked into provided all documents are submitted on time and illness is communicated to the coach and this will be done at THE Healthier Sideup discretion. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. Modifications and interruptions

Governing law

These Terms and Conditions and your use of the Website shall be governed by and shall be construed in accordance with the laws of India. All disputes relating to this Agreement shall be settled in the courts located at Delhi. Any cause of action arising out of a User’s use of Services must be commenced within 30 (thirty) days after: • When such cause of action accrues; or • Such user becomes aware of the facts giving rise to the cause of action, whichever is later, else, such cause of action shall be permanently barred.

Dispute resolution and binding arbitration

If any dispute, controversy or claim arises under this Agreement or in relation to any Service or the THE Healthier Sideup Platform, including any question regarding the existence, validity or termination of this Agreement or T&Cs (hereinafter Dispute), the parties shall use all reasonable endeavours to resolve such Dispute amicably. If the parties are unable to resolve the Dispute amicably within 30 days of the notice of such Dispute, The Healthier Sideup may elect to resolve any Dispute by binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996 (hereinafter Act). Such Dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The Dispute shall be resolved by a sole arbitrator, appointed in accordance with the Act. The seat of the arbitration shall be Delhi and the language of this arbitration shall be English. Either You or The Healthier Sideup may seek any interim or preliminary relief from a court of competent jurisdiction in Delhi necessary to protect the rights or the property belonging to You or The Healthier Sideup (or any of our agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither You nor The Healthier Sideup may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcing the arbitration award. All administrative fees and expenses of arbitration will be divided equally between You and The Healthier Sideup. In all arbitrations, each party will bear the expense of its own lawyers and preparation. This paragraph shall survive the termination of this Agreement.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law,

• No arbitration shall be joined with any other proceeding;

• There is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and

• There is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration:

• Any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party;

• Any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and

• Any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Corrections

There may be information on the Website that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Website at any time, without prior notice.

Disclaimer

THE WEBSITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE WEBSITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE WEBSITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY: ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitation of liability

IN NO EVENT WILL THE Healthier Sideup OR IT’S EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

You agree to defend, indemnify, and hold us harmless, including all of our respective agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:

• Your contributions;

• Use of the Website;

• Breach of these Terms and Conditions;

• Any breach of your representations and warranties set forth in these Terms and Conditions;

• Your violation of the rights of a third party, including but not limited to intellectual property rights; or

• Any overt harmful act toward any other user of the Website with whom you connected via the Website. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

User data

We will maintain certain data that you transmit to the Website for the purpose of managing the performance of the Website, as well as data relating to your use of the Website. Although we encrypt and perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Website. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data. The Healthier Sideup uses only the website for money transactions. Rest all the other work happens on:

• Google sheet (where all our data is stored and client use & update that)

• Whatsapp communication

Google sheets data

It is an online spreadsheet app that lets users create and format spreadsheets and simultaneously work with other people. It allows collaborations, multiple users can edit and format files in real-time, and any changes made to the spreadsheet can be tracked by a revision history.

• With the Explore feature, users can ask questions, build charts, visualize data, create pivot tables, and format the spreadsheet with different colours.

• Google Sheets supports offline editing, and users can edit the spreadsheet offline either on desktop or mobile apps. On the desktop, users need to use the Chrome browser and install the “Google Docs Offline” Chrome extension to enable offline editing for Google Sheets and other Google applications. When using mobile, users need to use the Google Sheets mobile app for Android and iOS, which support offline editing.

• Google Sheets supports multiple spreadsheet file formats and file types. Users can open, edit, save or export spreadsheets and document files into Google Sheets. Some of the formats that can be viewed and converted to Google Sheets include: .xlsx, .xls, .xlsm, .xlt, .xltx, .xltxm, .ods, .csv, .tsv

• Google Sheets can be integrated with other Google products such as Google Form, Google Finance, Google Translate, and Google Drawings. For example, if you want to create a poll or questionnaire, you can input the questions in Google Forms, and then import the Google Forms into Google Sheets. How to use google sheets Google Sheets is a free-to-use application that can be accessed on the Chrome web browser or the Google Sheets app on Android or iOS platform. Users need a free Google account to get started. To create a new Google Excel Sheet, following the following steps:

• Go to the Google Drive Dashboard, and click the “New” button on the top left corner, and select Google Sheets.

• Open the menu bar in the spreadsheet window, go to File then New. It will create a blank spreadsheet

• You shall update your health, exercise, diet and your everyday activities daily on a google sheet. So that your coach and you may work on the same.

• You shall update the google sheet so that your goals could be tracked easily by your coach.

• You shall update the google sheet on an everyday basis.

Electronic communication, transaction and signatures

Visiting the Website, sending us emails, updating google sheet, WhatsApp communication and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communication is in writing.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE WEBSITE.

You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

Miscellaneous

These Terms and Conditions and any policies or operating rules posted by The Healthier Sideup on the Website or in respect to the Website constitute the entire agreement and understanding between you and The Healthier Sideup. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. These Terms and Conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Website. You agree that these Terms and Conditions will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.

Contact us

In order to resolve a complaint regarding the Website or to receive further information regarding the use of the Website, please contact us at: info@healthiersideup.com We have updated our policy to be complaint with the European Union’s General Data Protection Regulation (GDPR). As per the new policy changes, you have have more control over your own data, making it more safe and secure for youInformation we collect and how we use it TYPE OF USER VISITOR REGISTERED USER WHAT DATA WE MAY COLLECT 1. Your IP Address; 1. Your name, age, gender, phone number, e-mail address, mailing address ;2. Your location; 2. Your height, weight; 3. How you behave on the Website, (what pages you land on, how much time you spend, etc.);/td> 3. Your lifestyle, food preferences, medical conditions (if any), health goals or other fitness regimes; 4. What device you use to access the Website and its details (model, operating system, etc.); and 4. Your ethnicity, genetics, health or sexual orientation; 5. Cookies and web beacon data. 5. Username or other relevant unique ide ntifie rs;6. How you behave on the Website, (what pages you land on, how much time you spend, etc.); 7. Credit card/debit card/ other payment mode information to facilitate payments for our Se rvices; 8. Your IP Address; 9. Your location unless you deactivate location services in the relevant section of the Website; 10. How you behave in the relevant product environment and use the features; 11. What device you use to access the Website and its details (model, operating system, etc.); and 12. Cookies and web beacon data./td> HOW AND WHY WE USE IT 1. We use this information to analyse and identify your behaviour and enhance the interactions you have with the Website. 1. We collect this data in order to help you register for and facilitate provision of our Services. 2.If you submit your details and give us your consent, we may use your data to send you e-mails/ newsletters, re-target The Healthier Sideup advertisements or re-market our Services using services from third-parties like Facebook and Google. 2. We use this data to show age-appropriate content and advertisements 3. We use this data to track your nutrition, weight and fitness regime s4. We use the data from the device you access our Website to identify the login information of multiple users from the same device. 5. We use this data to prepare a specific diet plan and training regime for you 6. We use this data to enable you to make payments for our Services. We use a third-party service provider to manage payment processing. This service provider is not permitted to store, retain, or use information you provide except for the sole purpose of payment processing on our behalf 7. We use this data for processing your requests, enquiries and complaints, customer services and related activities. Special categories of personal data Categories of personal data such as ethnic origin, genetics, health or sexual orientation, which are considered sensitive. We use this special category of personal data, for example, to provide specialized diet plans and exercise routines. We require your explicit consent to collect and process special categories of personal data. You may refuse or revoke your consent at any time, please see the section about ‘Your Rights & Preferences As A Data Subject In The EU’ below. A limited number of our personnel will have access to special categories of personal data provided by you. What are the cookies and web beacons referred to above 8. We use this data to communicate about existing or new offers, content, advertisements, surveys, key policies or other administrative information. 9. We also use this data to provide you with informative features and services that are developed by us from time to time. 10. We also use this data for providing, testing, improving, or recommending the Services. 11.We also use this data for analytics and reviews to improve the Services. 12. We also use this data to provide support to law enforcement agencies or in connection with an investigation on matters related to public safety, as permitted by law or anti-fraud activities/ systems. 13. If you give us your consent, we may send you newsletters and emails to market other products and services we may provide. Usually, browsers have a default setting to accept cookies until you change your browser settings. You can choose to reject and remove cookies from our Website by changing your browser settings. If you reject or remove our cookies, it could affect how our Website works. FOR THE AVOIDANCE OF ANY DOUBT, WE SHOULD CLARIFY THAT IN THE EVENT WE ANONYMIZE AND AGGREGATE INFORMATION COLLECTED FROM YOU, WE WILL BE ENTITLED TO USE SUCH ANONYMIZED DATA FREELY, WITHOUT ANY RESTRICTIONS OTHER THAN THOSE SET OUT UNDER APPLICABLE LAW. Your rights & data preferences as a data subject in the EU? TYPE OF FILE COOKIES WEB BEACON WHAT THEY DO 1. Cookies are text files which are sent from our server and downloaded to your device when you visit our Website. 1. Web beacon (also known as Clear GIF, Web Bugs or Pixel Tag) is a tiny picture file embedded on the Website that tracks your behaviour and navigation. It is similar to a cookie in what it does, but it does not get downloaded on to your device. 2. They are useful because they allow us to recognize your device when you return. You can disable them through your browser should you so wish. 2. We use web beacons to manage cookies, record visits, and to learn marketing metrics. We also use web beacons to track and monitor email opening rates as well as link clicks. 3. We use cookies to see which parts of our Website are used by Registered Users/Visitors and to record the number of visits to our Website./ td> 3. You can find more information about web beacons at: http:// www.allaboutcookies.or g/faqs/beacons.html 4. You can find more information about cookies at: www.allaboutcookies.org WHAT THEY WON’T DO Contain any executable software, malicious code or virus. It might have come to your attention that a new law was passed in the European Union (EU) called the General Data Protection Regulation (GDPR). The GDPR gives certain rights to individuals who are EU data subjects, in relation to their personal data. Subject to the GDPR and applicable law’s limitations, the rights afforded to you if you are an EU data subject are: Your rights & data preferences as a data subject in the EU? It might have come to your attention that a new law was passed in the European Union (EU) called the General Data Protection Regulation (GDPR). The GDPR gives certain rights to individuals who are EU data subjects, in relation to their personal data. Subject to the GDPR and applicable law’s limitations, the rights afforded to you if you are an EU data subject are: In case you want to exercise the rights set out above you can contact our Grievance Officer whose details are set out in Section 13 below. Your rights & data preferences as a data subject in the EU? The data provided by you as a Visitor, or when you sign up as a Registered User for our Services will be processed by us for the purpose of rendering Services to you or in order to take steps prior to rendering such Services, at your request. RIGHT TO BE INFORMED You have a right to be informed about the manner in which any of your personal data is collected or used which we have endeavoured to do by way of this Policy. RIGHT OF ACCESS You have a right to access the personal data you have provided by requesting us to provide you with the same. RIGHT TO RECTIFICATION You have a right to request us to amend or update your personal data if it is inaccurate or incomplete. RIGHT TO ERASURE You have a right to request us to delete your personal data. RIGHT TO RESTRICT You have a right to request us to temporarily or permanently stop processing all or some of your personal data. RIGHT TO OBJECT You have a right, at any time, to object to our processing of your personal data under certain circumstances. You have an absolute right to object to us processing your personal data for the purposes of direct marketing. RIGHT TO DATA PORTABILITY You have a right to request us to provide you with a copy of your personal data in electronic format and you can transmit that personal data for using another third-party’s product/ service. RIGHT NOT TO BE SUBJECT TO AUTOMATED DECISION-MAKING You have a right to not be subject to a decision based solely on automated decision making, including profiling. Where such data is not being used by us to render Services to you, we shall explicitly seek your consent for using the same. You can choose to withdraw this consent at any time by writing to us at https://www.healthiersideup.com/. Additionally, we may process your data to serve legitimate interests. Accordingly, the grounds on which we can engage in the processing are as follows: If you believe we have used your personal data in violation of the rights above or have not responded to your objections, you may lodge a complaint with your local supervisory authority. NATURE OF DATA GROUNDS Visitor Data Consent; Performance of a Contract; and Legitimate Interest. Account Registration Data Performance of a Contract; and Legitimate Interest Special Categories of Personal Data Consent; and Performance of a Contract Payment Data Legitimate Interest; and Performance of a Contract; and Compliance with applicable laws. Service Usage Data Performance of a Contract; and Legitimate Interest. Data for Marketing our Services Consent; and Legitimate Interest. Personal Stories Co