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TERMS OF USE

 

These terms of use (“Terms of Use”) mandate the terms on which the users access and register on the ‘DCamp Fitness’ website, m-web and mobile application (collectively referred to as the “Platform”), operated by DCamp (hereinafter referred to as “We” or “Our” or “Us” or “Company”), and the Platform Services (as defined below), provided through the Platform.

 

This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. Please read the Terms of Use and Privacy Policy (together hereinafter referred to as “Agreement”) carefully before using or registering on the Platform or accessing any material, information or Platform Services through the Platform. Your access to or use of the Platform (even when You do not avail of or provide any services on the Platform) or booking, purchase or availment of the Platform Services shall signify your acceptance of the Terms of Use and Privacy Policy and Your agreement to be legally bound by the same. These Terms of Use do not alter in any way the terms or conditions of any other written agreement you may have with the Platform for other services.

Applicability:

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

1.       Any supplier of goods / services (whether an individual, professional or an entity, or similar institution) on the Platform, directly or indirectly, including designated / authorised associates, employees, partners and practitioners thereof (“Partner”, “You”, “Your” or “Users”);

2.       An individual who accesses and registers on the Platform and/or places a service request on the Platform (“End-User”, “You”, “Your” or “Users”); or

3.       Otherwise a user or visitor of the Platform (“You” “Your” or “Users”).

Platform Services

 

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

a.         Physical and mental fitness centre memberships / classes and allied services (“Fitness Services”) provided by DCamp Foods & Health Services Private Limited and its franchisees;

b.      Memberships sold by DCamp Foods & Health Services Private Limited granting access to various underlying services (“fitness, diet, recreation and educational services”) from third-party fitness centres, gyms, studios, training centres, etc (“DCamp Service Provider”);

c.       Food items from DCamp Foods & Health Services India Private Limited

d.      Appointments with registered medical professional, whether an individual professional or through an organization or similar institutions for physical / in-person and tele-consultations and diagnostic services

e.       Purchase pre-packaged/prepared/cooked food and beverage items sold by various restaurant partners (“Restaurant Partners”) listed on the Platform’s online food marketplace  (collectively, “Sundry Food Products); original merchandise such as clothing, footwear accessories from various fashion and lifestyle brands and fitness equipment (collectively referred to as “Diverse Products”);

f.        Single session / subscription based digital services / products on the Platform, like recorded audio and / or video content, real time on-line training services, as provided by or featuring Partners and / or their associates (“Digital Services”), which shall include:

(i)   Single sessions / subscriptions from DCamp Foods & Health Services Pvt Ltd permitting access to and booking of pre-recorded and / or do-it yourself audio and/or video content relating to physical and / or mental fitness, nutrition, cookery, recreation, physical and / or mental live experiences and allied content (“Digital Content Services”);

(ii)   Single sessions / subscriptions from relevant Partner(s) permitting access to and booking of real-time audio and/or video consultancy / coaching and/or  training session(s) relating to physical and / or mental and/or holistic fitness and/or wellness , nutrition, cookery, recreation, therapy (“Digital Training Services”).

g. Purchase of educational materials, coursework, video and/or audio content related to physical activity. mental fitness, nutrition, cookery, recreation, physical and / or mental live experiences and allied content  (“Digital Educational Services’)

h. Register for recreational or professional events related to physical activity, mental fitness, nutrition and cookery conducted by DCamp Foods & Health Service Pvt Ltd (“Events”)

h.      Booking appointments / sessions of Fitness Services, mental fitness Services, nutrition Services, cooking and culinary services, recreation services and Digital Services; and (ii) communicating instructions for delivery of Food Products and Diverse Products (jointly, “Diverse Booking Services”);

i.      Procurement and / or generation, reproduction on the Platform, sharing with relevant Partners or their associates for You, if applicable, and communication to You of (i) Your indicative usage and / or consumption data of Fitness Services, mental fitness Services, nutrition Services, DCamp Foods food products, cooking and cutlery services , recreation services, Educational Services, Digital Services and Diverse Products; and (ii) any documents or data generated from Your purchase and / or usage and / or consumption of aforementioned products and / or services, separately as well as jointly with other products and / or services listed on the Platform, including transaction summaries, invoices, reports, scores, achievements, access to photos, medical records, lab reports etc. (“Other Diverse Services”).

Diverse Products, Diverse Booking Services and Other Diverse Services shall be collectively referred to as “Diverse Offerings”. Fitness Services, mental fitness Services, nutrition Services, DCamp foods food products, cooking and cutlery services , recreation services, Educational Services, Events, Digital Services and Diverse Offerings shall be collectively referred to as “Platform Services” and shall be provided by Company, Partners or their associates with whom the Company or Partners have contractual arrangements. The Company shall facilitate the provision of the Platform Services and independently provide Diverse Offerings and provide such other services (including account creation and management, management of various products and services purchased / booked on the Platform, payment and transaction summary generation services etc.) to You by allowing You to register and access the Platform on the terms and conditions set forth below.

 

2.       The charges indicated on the Platform for the Platform Services will be as determined by the Company or respective Partners, as the case may be, and is excluding taxes and other applicable charges as mentioned on the Platform. The charges and Platform Services may change at the Company’s or Partners’ sole discretion and the Company and Partners do not guarantee that the charges will be the lowest in the city, region or geography or if the products / services will be available for delivery / performance at all times. For Digital Services, You may be offered (a) pay per session; (b) subscription options, which could be daily, monthly, quarterly, half yearly, annually. For the purposes of monthly and yearly subscriptions, a month constitutes 30 calendar days and a year constitutes 365 calendar days.

 

3.       Any order/booking made for a Platform Service(s) through the Platform shall be, in addition to the terms mentioned herein, subject to additional terms and conditions of the Partners or their service providers / associates (including offers, terms of sale or use, discount and sales schemes/ campaigns offered from time to time) mentioned on Partner’s or their associates’ respective website / mobile application, which You are presumed to have read and accepted at the time of placing the order/booking.

 

4.    Any order/booking made by an individual under the age of 18, for a Platform Service(s) through the Platform shall be, in addition to the terms mentioned herein, subject to additional terms and conditions of the Partners or their service providers / associates (including offers, terms of sale or use, discount and sales schemes/ campaigns offered from time to time) mentioned on Partner’s or their associates’ respective website / mobile application, which Your parent or guardian is presumed to have read and accepted at the time of placing the order/booking.

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5.       The Platform Services shall be additionally governed by specific terms and policies (payment terms, cancellation policy, refund policy, exchange policy, return policy, etc.) which are briefly mentioned below.

Fitness Services:

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1.       Fitness Services shall include offline mental and physical fitness, sports related training activities including but not limited to swimming, mindful yoga, psychotherapy, meditation related training activities, recreational activity under the brand names ‘DCamp Fitness’ and ‘DCamp Games’;

2.       You are eligible to use the Fitness Services and when You fulfil the following conditions: (a) You have attained at least 18 (eighteen) years of age; and (b) You are competent to enter into a contract under the applicable laws. People under the age of 18 are eligible to use the Fitness Service that are age specific and does not have any age restriction. In such case the parent or guardian of individual should enter into contract such as terms and conditions. If You reside in a jurisdiction that restricts the use of the Fitness Service because of age, or restricts the ability to enter into contracts such as these Terms of Use due to age, You must abide by such age limits. In this regard, the parent or guardian of individual violating the aforementioned conditions shall indemnify, defend and hold harmless relevant Partners, their associates / service providers, and Platform and its business partner(s) from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by relevant Partners, their associates / service providers, and Platform and its business partner(s) that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by such individuals pursuant to these terms;

4.       Relevant Partners, their associates / service providers, and Platform and its business partner(s) hereby disclaims any guarantees of exactness as to the duration, type, satisfaction from the Fitness Services facilitated / provided by them. Further, relevant Partners, their associates / service providers, and Platform and its business partner(s) make no representation that Fitness Services provided by relevant Partners and / or 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 relevant Partners, their associates / service providers, and Platform and its business partner(s) of all liability arising out of such aforementioned risks;

5.       You confirm and agree that in addition to acceptance of these Terms of Use, Your use and/or booking of the Fitness Services signifies your acceptance of any additional terms and conditions, guidelines, house rules, etc. posted, communicated or displayed on the websites/centers. To the fullest extent permissible pursuant to applicable law, your use of the Fitness Services and your attendance at, participation in, purchase and/or use of the Fitness Services, is solely at your own risk and the Platform and/or relevant Partner, and / or  Service Provider does not assume any liability or make any warranties of any kind, express or implied, arising out of, in connection with or with respect to the Fitness Services.

6.       If Company and / or relevant Partners run any offers or discounts subsequent to Your purchase, neither Company and / or relevant Partners and / or Platform nor their business partner(s) are obliged to offer You the benefits under such subsequent offers, however Company and / or relevant Partners and / or Platform or their 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, discount and sales schemes/ campaigns;

7.       You agree to abide by Fair Usage Policy mentioned below:

a.    Under Fitness Services limited / select membership(s), You can only book, access and attend classes / sessions at Your primary / home centre, chosen by You at the time of buying Your membership(s) / session(s), 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 membership’s terms and conditions. Access to the classes / sessions shall be subject to the slot availability and shall be accessible on first come first serve basis. DCamp Fitness shall not entertain any requests for changing of Your primary / home centre to another centre.

b.      Under unlimited memberships, You shall be able to book and attend classes / sessions at centre(s), other than Your primary / home centre as well, however, Your access to certain Dcamp fitness centres may be restricted at the sole discretion of DCamp, even if You have managed to buy membership(s) / sessions, 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 first come first serve basis. However, DCamp reserves the right to penalize you or suspend / terminate Your membership in case of misuse of unlimited classes at centres that are not Your primary / home fitness centres.

c.      Under the memberships, You can cancel the classes booked by You at DCamp Fitness centres and DCamp Service Providers. However, DCamp Fitness and /or Platform reserves the right to penalize You or suspend / terminate Your membership in case of excessive / delayed / last-minute cancellations. Under single class booking, not falling under memberships, delayed / last –minute cancellation may attract penalty.

e.       Under select and unlimited DCamp Fitness memberships,  in case of You moving to another city where DCamp fitness provides its services, DCamp Fitness may transfer Your membership against the receipt of price difference and any applicable service fee for the same or reduce the duration of your membership period (as applicable).

f.        Under the select and unlimited membership, in case You intend to transfer Your membership to another individual (“Transferee”), as approved and authorised by DCamp Fitness, in the same city or another city where DCamp Fitness provides its services, DCamp Fitness may agree to transfer Your membership to the Transferee against the receipt of price difference and any applicable service fee for the same or reduce the duration of your membership period (as applicable) or such other revisions as deem fit by DCamp Fitness. You understand and agree that only one-time transfer of a membership is permitted and once transferred to a Transferee, the membership becomes non-transferable. Further, You shall provide the contact number of the Transferee and the city where the Transferee will be using the membership. In order to use the membership, the Transferee shall be required to access the Platform and accepts and agrees to these Terms of Use.

g.   Membership cannot be extended for any reason including health reasons. Membership will end at the specified date irrespective of membership usage.       

h.    You agree to abide by DCamp Fitness center’s Code of Conduct / House Rules. Additionally, you shall also abide by DCamp Service Providers’ code of conduct / house rules.

8.       Relevant Partner(s) may review Your usage of the Fitness Services that violates the Code of Conduct or House Rules, and suspend or terminate Your membership at any time for any reason in 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 relevant Partner and / or Platform and / or DCamp Service Provider reserves the right to terminate the account / User’s membership in question. Aforementioned also reserves the right to initiate legal action against You.

 

9.       You have provided Your consent to relevant Partner and / or Platform to share Your health and other records, if any, with the Company, DCamp Service Providers or other service providers for providing services to you.

 

10.   DCamp Fitness may, from time to time, offer Membership for kid fitness (Fit-Kids), which shall have additional terms and conditions mentioned below:

a.    Fit-Kids Membership(s) can be purchased and availed only by guardians for their children between the ages of 5 and 14 years, provided that the parent or guardian shall have duly executed a guardian consent form, in the format, as approved by DCamp Fitness;

b.    Under Fit-Kids Membership, you can only avail Fit-Kids classes at select DCamp centres. Further, you shall not have access to any other programs or facilities or centres not providing Fit-Kids classes;

c.     The membership is non-transferable. If the membership is found to being used by any person other then who it was purchased for, the membership will be cancelled immediately, without refund of any fees.

d. The membership cannot be extended for any reason including health conditions. The membership will end at the specified date irrespective of membership usage.

11.   In case of mental fitness services, Your mental health service provider may be supervised by a senior mental health professional to ensure best care possible for You. Further, You agree that all information regarding Your counselling sessions (including all verbal and/or written exchanges) will be kept confidential, except if You indicate that You may be an imminent danger to Yourself or others.

 

12.   DCamp Tribe: DCamp Fitness may provide access to DCamp Tribe, a social portal through which You may access and share a variety of resources, information and data including planning training activities with other Users, updating Your fitness profile, viewing public profile of other Users, adding and accessing videos, photos and status updates, access to communication forums and certain product information. In order to access DCamp Tribe, You shall create a DCamp Tribe profile on Your Account by providing certain details including Your name, image, interested training activities, and such other details as may be required (“DCamp Tribe Profile”). In case You choose to make Your DCamp Tribe Profile public, You agree that all the information on Your DCamp Tribe Profile including username, Images (defined below), photos and other activity details shall be visible to all the Users on DCamp Tribe and the Users will be able to access, like or comment on the activities on Your DCamp Tribe Profile. Further, DCamp Tribe will allow You to view other Users profiles who have attended the same class/session and vice versa. You can always opt-out and make Your profile private. Your access to DCamp Tribe shall be subject to the following:  

1.       Access to the Photos/Videos: Dcamp Fitness may offer the opportunity to get Your photographs clicked (either single photo or in a group with other users) or appear in a video during a class/session in fitness centres (“Images”). The Images shall be clicked or recorded by the centre managers or any individual authorised by Dcamp Fitness’s personnel. Once an Image is uploaded on Dcamp Tribe, You may be allowed to tag Yourself in the Image. You acknowledge that the Images uploaded by Dcamp Fitness shall be accessible to all the Users who have attended the said session/class. The said Users may download or take a screenshot of the Photos. In the event, You choose to tag Yourself in the Image, Your username and certain details on Your DCamp Tribe Profile shall be visible/accessible to other Users including attendees of the session. You may also be allowed to upload Your photos or videos on Your Dcamp Tribe Profile. The Images may also be seen, accessed, or downloaded through third-party services such as search engines, APIs, websites and other services. Dcamp Fitness /Company disclaims any and all liabilities with respect to the misuse, loss, modification, unavailability of the Images or content available on DCamp Tribe.

2.       Ownership Rights: You agree and confirm that You shall provide/upload only those information, photos, videos and content on Your Dcamp Tribe Profile that You have the right to share and upload and that your information on Dcamp Tribe Profile will be truthful. You agree to only provide content or information that does not violate the law nor anyone’s rights (including intellectual property rights). All rights, title and interest including all intellectual property rights in Dcamp Tribe including Images, content, any derivatives, modifications, enhancements and new inventions undertaken in the Dcamp Tribe shall belong to and vest entirely in Dcamp Fitness. Dcamp Fitness, in its sole discretion, may from time to time make additions to, deletions from, or modifications to ever-evolving DCamp Tribe, specifications and/or communications facilities, including to comply with changes, or contemplated changes, in law. For the information or content that You submit or post on  Your Dcamp Tribe Profile, You are hereby granting Dcamp Fitness and its affiliates a worldwide, transferable, non-exclusive and sublicensable right to use, copy, modify, distribute, publish and process, create derivative work, and such other right including displaying the said content on public platform including social media platform without any consent, notice and/or compensation to you or any third party. Dcamp Fitness reserves all the right, title and interest on DCamp Tribe not expressly granted to the fullest extent possible under applicable laws. Unless stated otherwise, all contents uploaded by Dcamp Fitness are believed to be in the public domain as either promotional materials or publicity photos as Dcamp Fitness may determine.

Prohibited Use: Dcamp Fitness may access, review, screen, and delete content uploaded on Dcamp Tribe at any time and for any reason, including to provide and develop the Dcamp Tribe or if Dcamp Fitness thinks Your content violates these Terms of Use. You alone, though, remain responsible for the content You create, upload, post, send, or store on the Your Dcamp Tribe Profile. You will not, and will not permit any person, directly or indirectly, to (a) use Dcamp Tribe including Images or any content for any illegal, misleading, or fraudulent activity, defame, abuse, harass, threaten or do any other activity which infringes the rights of Dcamp Fitness or others, or publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information or any other content which belongs to another person over which You do not have any right through any bookmark, tag or keyword; (b) make available, sublicense, otherwise transfer or assign, or otherwise exploit Dcamp Tribe or do anything to interfere with or impair the intended operation of Dcamp tribe; (c) edit, change, prepare any derivative work of or alter in any way any of the Images or content provided on Dcamp Tribe,  (d) input, upload, transmit or otherwise provide to, or through the DCamp Tribe any information or materials that are in violation of law, injurious, contain, transmit or activate any viruses, malicious or harmful code, or any other similar software or programs, or disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers or networks connected to or accessible through the Platform or any affiliated or linked sites; (e) act in a manner intended to exceeding any restrictions or limitations set forth in these Terms of Use or the Privacy Policy; (f) impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity; (g) attempt to gain unauthorized access to any portion or feature of the Platform, any other systems or networks connected to the Platform, or to any of the services offered on or through the Platform, by hacking, password mining or any other illegitimate means; (h) collect or store data about other Users in connection with the prohibited conduct and activities or conduct/forward surveys, contests, pyramid schemes or chain letters; and (i) upload any other content which is non-complaint with the Information Technology Act, 2000, rules, guidelines and regulations made thereunder, including Rule 3 of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, Terms and Policies.

DCamp Foods Food Products:

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1.       Food Products, i.e. food and beverage items, prepared by DCamp Foods can be bought by its customers through various channels of sale, including purchase of food packs / single meals on Platform.

2.       Your single meals under Your food packs shall be delivered to You as per the information provided by You to DCamp Foods or Company. Information provided by You shall include Your contact details, food items selected for purchase, delivery address, time slot etc. Subject to delivery service availability at Your location, availability of Food Product(s) and modification cut-off timings, You may (i) change Your delivery address and/or time slot for Your order delivery; (ii) change Your respective day’s single meal under the food pack; and (iii) pause the food pack, subject to maximum validity and number of pauses available.

3.       Although the Platform provides a delivery time for Food Products, however the same is merely an estimate and the actual delivery time may vary. Actual delivery time is subject to weather and traffic conditions, delivery address distance from DCamp Foods kitchen etc.

4.       In case Your order has been delayed beyond the delivery timeline or the same is not up to Your expectations, please share Your complaint at info@dcamp.in.

5.       DCamp Foods hereby disclaims any guarantees of exactness as to the taste, finish, appearance, size, color etc., of the Food Product as ordered by You.

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Digital Services:

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1.       DCamp Fitness facilitates provision of Digital Content Services, i.e. pre-recorded and / or do-it yourself audio and / or video content relating to physical and / or mental fitness, nutrition, cookery, recreation, physical and / or mental live experiences and allied content, which shall be fulfilled directly by DCamp Fitness or through service providers with whom DCamp Fitness has contractual arrangements. Unless otherwise agreed by DCamp Fitness in a separate written agreement with You, the Digital Services are made available solely for Your personal and non-commercial use.

2.       Relevant Partner and / or their associates facilitate the provision of / provides Digital Training Services, i.e. real time audio and/or video consultancy / coaching and/or  training session(s) relating to physical and / or mental and/or holistic fitness and/or wellness, nutrition, cookery, recreation, therapy. 

Terms of Digital Content Services and Digital Fitness Services:

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1.         Booking Appointment/Session: Subject to payment of necessary fee / purchase of required membership and availability of slots, You shall be permitted to book and participate in various underlying Digital Content Service and Digital Training Service session(s) (“Sessions”) and allied services.

2.         In order to participate in the Sessions, You must book the Sessions in advance through the Platform. Further, You may also need to comply with certain technical requirements to participate in the Sessions. Some sessions will be conducted at a fixed time and you can participate in the sessions by advance booking.

3.         Any memberships / single Sessions bought or booked by You are non-refundable and cannot be extended. Package can be transferred but will incur a transfer fee and taxes.

4.         For workout / fitness/ holistic fitness and wellness Sessions, You must ensure that You are physically and medically fit to participate in the Sessions. You must understand Your physical and medical limits and attend the Sessions within the said limits. You agree that participation in the Sessions 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 in the Sessions is voluntary and that you knowingly assume all such risks and hence hereby release Company, relevant Partner or any third-party associates of all liability arising out of such aforementioned risks. Company, relevant Partner or any third-party associates do not assume any liability or make any warranties of any kind, express or implied, arising out of, in connection with or concerning the Sessions.

5.         You understand and agree that based on Your intensity, movements and certain other factors during a workout Session, a certain score may be ascertained to You, basis which Platform / relevant Partner will calculate Your ranking for the Session and display the same in the leader board on the Platform. Your participation in the Session and enabling access to the camera of the device will automatically make You part of the leader board experience and thereby Your profile details including username, photo (if any), and Your rank basis Your participation in the Session shall be visible to You as well as to other Users on the Platform. The Platform shall only be able to ascertain Your score only if You enable access to the camera of Your device. If You choose to not use the score and thereby not feature on the leader board, You may disable the access to Your camera in Your device settings. The score is an approximate score calculated basis Your movements etc. and it is solely your responsibility to make sure that You participate in a manner and at an intensity level that is appropriate and suitable for You. Relevant Partner, Company and/or their third-party associates hereby disclaim any guarantees of exactness as to the accuracy, exactness, satisfaction from the results derived basis the score.

6.         DCamp Fitness also permits access to a variety of audio and/or videos relating to cooking, listing of various recipes, lifestyle trainings, nutritionist and such other content as provided by it / its associates on the Platform. Access to such audio and/or videos is solely for personal, informational and reference purposes and You shall be solely responsible for their usage. The Company, Platform, relevant Partner and/or any third-party entity does not assume any liability or make any warranties of any kind, express or implied, arising out of, in connection with Your usage of or participation in such Digital Services as offered on the Platform

7.         The number of Sessions permitted to be booked, availed, cancelled shall be as per the terms and conditions laid down by the respective Partner. Platform / relevant Partner will have no liability if any  Session is later cancelled by the relevant Partner and / or their associates. Platform / relevant Partner shall use best efforts to intimate You in advance of such rescheduling or cancellation of Sessions, however, Platform / relevant Partner shall not be responsible in any manner for any inconvenience or loss caused to You as a result of such rescheduling or cancellation. Your sole recourse in case of such rescheduling / cancellations shall be booking of an alternate Session.

8.         Platform / relevant Partner may record audio and / or video of any and all Sessions conducted under Digital Training Services, for quality and safety purposes, which may be referred to in case of any complaints / disputes.

3.       You agree that unless DCamp Fitness / relevant Partner is providing services directly, their role shall be limited to being an intermediary for on-boarding the relevant service provider / facilitating their services on the Platform. Therefore, for the provision of Digital Services, DCamp Fitness may:

a.         List various fitness trainers/ practitioners, yoga instructors, wellness coaches, habit coaches, meditation trainers, physiotherapists or fitness influencers, whether an individual professional or an organisation or similar institution, their profiles, contact details and/or any digital content created by or featuring them to be made available to the other Users or visitors to the Platform.

b.      List various digital content creator, chefs, social media influencers, nutritionists, fitness coach, celebrities or any third party entity whether an individual professional or an organisation or similar institution, their profiles, contact details and/or any digital content created by or featuring them to be made available to other Users or visitors to the Platform.

4.       You will be eligible to use the Digital Services only when You fulfil the following conditions: (a) You have attained at least 18 (eighteen) years of age, and (b) You are competent to enter into a contract under the applicable laws. If You reside in a jurisdiction that restricts the use of the Digital Services because of age or restricts the ability to enter into contracts such as these Terms of Use due to age, You must abide by such age limits. In this regard, the parent or guardian of individual violating the aforementioned conditions shall indemnify, defend and hold harmless Platform, Partners and their associates, service provider from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Platform, Partners and their associates, service provider that arise out of, result from, or maybe payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by such individuals pursuant to these Terms of Use;

5.       You understand and agree that the listing of the underlying service provider, their profiles, information and any content regarding the Digital Services is a fully automated system. The listing does not represent any ranking or order of preference or endorsement by Platform / relevant Partner. The listing of the service provider is based on an automated system considering various internal factors including Users ratings, User comment/inputs as received by Platform / relevant Partner from time to time. Such a factor may be changed from time to time in order to improve the listing algorithm. Under no circumstances will Platform / relevant Partner shall be held responsible for the relevancy of the listing order of the Service Provider on the Platform.

 

6.       Platform / relevant Partner disclaims any guarantee of exactness as to the duration, type, satisfaction from any Digital Services fulfilled by any service provider respectively. Further, Platform / relevant Partner makes no representation that Digital Services as provided by relevant Partner / service provider are appropriate or safe for use.

 

7.       To the fullest extent permitted by law, Platform / relevant Partner disclaims all liability arising out of the User’s use or reliance upon the Platform, the Digital Services, representations and warranties made by the relevant Partner / service provider, the content or information provided by the relevant Partner / service provider on the Platform, or any opinion or suggestion given or expressed by relevant Partner / service provider or any Service Provider in relation to any Digital Services.

 

8.       In the event the Platform / relevant Partner(s) or their business partner(s) run any offers or discounts subsequent to Your purchase, neither Platform/ relevant Partner(s) or their business partner(s) are obliged to offer You the benefits under such subsequent offers, however Platform/ relevant Partner(s) or their 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.

 

9.       Without prejudice to the generality of the above, User understands and agrees that Platform/ relevant Partner(s) may not be involved in certain interactions between the User and the service provider and hence would not be responsible for the same.

 

10.   Users understands and agrees that Platform/ relevant Partner(s) will not be liable for: (i) any non-fulfilment of the service provider obligations; (ii) any issues that User has with the service provider, although on good-faith basis the Platform/ relevant Partner shall try resolving any issue (iii) quality of service or treatment being given by the service provider; (iv) any misconduct or inappropriate behaviour by the service provider or their staff; (v) any type of inconvenience suffered by the User due to a failure on the part of the service provider to provide agreed Digital Services.

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11.   Platform reserves the right to temporarily / permanently disable Your account from booking further online Sessions on Platform or impose any other cancellation charges in the event You cancel / miss a scheduled Session or misuse the services.

Diverse Offerings:

Diverse Products:

1.       Company itself retails and also facilitates sale of various multi-brand Diverse Products, which includes Sundry Food Products (procurement terms of which are elaborated below herein)  and merchandise etc. on the Platform. Diverse hereby disclaims any guarantees of exactness as to the taste, finish, appearance, size, color etc., of the Diverse Products as ordered by You.

2.              Sundry Food Products:

a.       Sundry Food Products, i.e. pre-packaged/prepared/cooked food and beverage items, sold by third party restaurants (“Restaurant Partners”) can be bought by Users through various channels of sale, including purchase of subscription packs /single meals on the Platform.

b.       All commercial/contractual terms are offered by and agreed to between You and the Restaurant Partners alone and the Company does not determine, advise or in any manner, involve itself in the offering or acceptance of these contractual/commercial terms between You and the Restaurant Partner. Company may, however, offer support services to Restaurant Partners pertaining to fulfilment of purchases, payment collection, call centre support and other ancillary services, subject to separate contracts executed by the Company and/or its service providers with the Restaurant Partners.

c.       Sundry Food Products shall be delivered to You as per the information provided by You to the Company. Information provided by You in relation to the purchase of Sundry Food Products shall include Your contact details, food items selected for purchase, delivery address, all necessary payment information etc.

d.       The delivery of Sundry Food Products shall be facilitated by third-party logistics service providers (Logistics Service Providers), for which a delivery fee (“Delivery Fee”) may be levied on You. All terms regarding such delivery services shall be offered by and agreed to between You and such Logistics Service Providers. Company may, however, offer support services to the Logistics Service Providers pertaining to payment collection, call centre support and other ancillary services, subject to separate contracts executed by the Company and/or its service providers with the Logistics Service Providers. Further, although the Platforms provides a delivery time for delivery of the Sundry Food Products, the same is merely an estimate and the actual delivery time may vary. Actual delivery time is subject to weather and traffic conditions, User distance from Restaurant Partner kitchens, etc. The Company shall not be liable in any manner for any delay/default in delivery of the Sundry Food Products.

e.       The Company is only a facilitator and marketplace, and therefore does not make any representations or warranties with respect to the availability, quality, safety, hygiene, taste, colour, portion size etc of the Sundry Food Products. Further, the Company does not make any representations or warranties regarding the efficiency, credit-worthiness, title or reliability of the Restaurant Partners and/or Logistics Service Providers. The Company shall not be responsible or liable in any manner for breach of the terms/contracts entered into between You and the Restaurant Partners and/or Logistics Service Providers. Any complaints raised with the Company by You regarding the Sundry Food Products offered for sale by the Restaurant Partners and/or services rendered by the Logistics Service Providers shall be redirected to such Restaurant Partner and/or Logistics Service Providers, as the case may be. The Company’s responsibility with regard to any complaints/grievances/disputes raised by You in relation to the Sundry Food Products and/or services of the Logistics Service Provider shall be limited to redirection to relevant parties for resolution.  You acknowledge that the Company is not liable for any loss or damage suffered by You (to Your person or property) as a result of the purchase/consumption of the Sundry Food Products. Further, You acknowledge that the Company is not liable for any loss or damage suffered by You (to Your person or property) as a result of any action and/or omission of the Restaurant Partners and/or Logistics Service Providers.

f.        The Company through its food marketplace facilitates the sale/purchase of Sundry Food Products. It does not, at any point of time, come in contact with or take possession of the Sundry Food Products. The Company neither holds any right, title or interest over the Sundry Food Products, nor assumes any responsibility/liability regarding the same.

g.       You agree to receive calls, emails and text messages from the Company/Restaurant Partner/Logistics Service Provider in relation to any change in the order/booking placed by you, due to the availability/unavailability of items specified in your order/booking, change in price of such items, delay/default in delivery of such items, as may be informed to us by the Restaurant Partners and/or Logistics Service Provider. Any change in the order/booking that may be communicated to You by us shall be treated as final. If at any point of time (during or after placing the order/booking for Sundry Food Products), You are unreachable or unavailable to the Company/Restaurant Partner/Logistics Service Provider, the Company reserves the right to cancel such order/booking. Further, Company also reserves the right to charge You with a cancellation fee (“Cancellation Fee) in such cases.

h.       If You cancel an order/booking after such order/booking has been accepted by the Restaurant Partner, the Company reserves the right to charge You with a Cancellation Fee in accordance with the Company’s policies.

3.     Return, exchange, cancellation and fulfilment of Diverse Products shall be as per the FAQs available on the Platform.

Diverse Booking Services and Other Diverse Services:

1.       In order to avail Other Diverse Services, You agree to having provided Your consent to DCamp Fitness to share all health and other medical records provided by You to registered medical practitioners and third parties engaged by with the Company.

2.       You can create a sub-account for family members and friends for availing Diverse Booking Services, subject to the conditions specified by DCamp Fitness.  

3.       You may cancel or reschedule appointments using the Platform, subject to permitted cancellation & rescheduling timelines and availability of a timeslot/registered medical practitioner of appointment. DCamp Fitness also reserve the right to cancel or reschedule appointments.

4.       DCamp Fitness 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.

5.       All the terms and conditions in relation to the services provided by DCamp Fitness or its service providers / partner have been detailed on DCamp Fitness website.

6.       As part of the Platform Services provided to You, after availing such services, You agree to provide honest feedback/review about the concerned Platform Service, if required by the Company.

7.       In case of any dissatisfaction with the Platform 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 info@dcqamp.in or with our Grievance Office, 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.

Terms specific to underlying service provider (“Service Provider”) providing Digital Services:

1.       The Service Provider shall provide the Digital Services as per the booking details on the Platform.

2.       The Service Provider shall provide details of their working hours, available slots, locations, details regarding various sessions along with a description of the same in the manner as required by the Company/Vendor from time to time. The Service Provider shall provide at least a 2 (two)-week prior written notice in the event of any change in the above-mentioned details of the Service Provider to the Company/Vendor.

3.       The Service Provider shall at all times comply with such regulations as laid down in Service Provider Code of Conduct available on the Platform and / or shared by the Partner.

4.       The details of the Service Provider including contact details, sessions details, profile details, and such other information as required under applicable laws or as required by the User to avail the Digital Services may be listed and provided on the Platform. You understand and confirm that all such details of the Service Provider shall be as per the information provided by them, and Platform/ relevant Partner has no control over such details and information. The authenticity and genuineness of such information shall be Your sole responsibility and Platform/ relevant Partner shall have no liability with respect to the authenticity of such information.

5.       Based on the availability of the Digital Services, the Users shall be allowed to book an appointment/session/class with the Service Provider. A service request to avail the Digital Services may be placed by the Users in such manner as may be agreed between the Service Provider and Platform/ relevant Partner from time to time (“Service Request”). Upon acceptance of the Service Request by the Service Provider, it shall provide such services in diligent, timely and professional manner, in compliance with the applicable laws and at a minimum, in accordance with best-accepted industry practices applicable to the performance of such services, and in compliance with the terms and conditions of this Agreement.

6.       Any cancellation of an allocated and/or accepted Service Request by the Service Provider is prohibited except in exceptional circumstances based on a justifiable explanation provided by the Service Provider to the Platform/ relevant Partner. The Service Provider must immediately contact DCamp Fitness if the Service Provider needs to cancel or refuse an allocated Service Request. Any such cancellation or refusal to provide Digital Services may lead to a deduction from, or withholding of part or whole of, the fee to the extent necessary to reimburse the actual cost, loss or expense to Platform/ relevant Partner of such cancellation or refusal.

7.       Service Provider agrees and confirms that the provision of any Digital Services shall solely be their responsibility and therefore Service Provider hereby agrees that any complaint/s by the Users regarding the Digital Services  will be considered to be a breach of the obligations by the Service Provider hereunder for which Platform/ relevant Partner shall not be responsible in any manner. Service Provider shall solely be liable or responsible for any loss or damage cause or suffered by any of the User pursuant to the receipt of the Digital Services. If there is any serious complaint regarding any Service Provider, Platform/ relevant Partner may, in its sole discretion, immediately terminate any arrangement with such Service Provider and delist the Service Provider.

8.       The Service Provider shall upon receipt of a notice in respect of improvement of service quality, take immediate steps to remedy the same at its own cost and expense failing which the Service Provider may be immediately delisted from the Platform.

9.       The Service Provider shall always ensure that the services are performed/ delivered in a manner so as to protect the reputation and goodwill of the Company, Platform, DCamp Fitness and/or any of its business associates and that it shall not act in a manner derogatory to the business and goodwill of the Company, Platform, Partners and/or any of their business associates. The Service Provider should not discriminate against the other Users for any reason, including on the basis of sex, race, caste, creed etc.

10.    The Service Provider must provide the Digital Services to Users: (a) in accordance with all applicable laws; (b) with all due care and skill; (c) in a courteous, effective and timely manner; and (d) in a manner as communicated / required by the Platform/relevant Partner, or their policies, from time to time.

11.    The Service Provider must not use or affix any Platform/ relevant Partner or any of their affiliates or associates branding (including their logo or other sticker) on any of the Digital Services unless agreed by the Parties or placed by the Platform/ relevant Partner or required by applicable law, in which case the Service Provider must adhere to the terms laid by the Platform/ relevant Partner.  

12.    The Service provider shall make himself/ herself/itself available for such training as Platform/ relevant Partner may be required to organize pursuant to Applicable Law or as Platform/Dcamp may deem necessary.

13.    In the event the Platform/ relevant Partner or their business partner(s) run any offers or discounts subsequent to Your listing on the Platform, neither Platform/ relevant Partner or their business partner(s) are obliged to offer You the benefits under such subsequent offers, however Platform/ relevant Partner or their 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.

14.    The Service Provider shall ensure that any statistical data, feedback and other information collated and shared by Platform/ relevant Partner are not to be provided, shared or disseminated with any competitor of Platform or any other third parties under any circumstances whatsoever.

15.    The Service Provider hereby represents that the Digital Services being provided by it will not infringe any intellectual property right or any other right of Platform/ relevant Partner and/or any third party.