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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.

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:

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:

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.

Digital Services:

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:

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.

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.

16.    Service Provider shall ensure that it has or has procured all rights, title and interest in patents, moral rights, copyrights, trademarks, proprietary marks and/or licensed software, service marks used or placed in relation to the Digital Services provided by the Service Provider, including but not limited to copyrights on any music, sequence of movements and formats which are part of its services. Service Provider shall indemnify and keep Platform, Company and/or relevant Partner(s) indemnified from any third-party infringement claims in respect of any Digital Services.  

17.    The Service Provider represents and warrants the following:

1.       It is duly registered, validly existing under the applicable laws of India and has the necessary power to execute, deliver and perform its obligations under this Agreement and is duly authorized for the purposes of entering into and duly performing its obligations as per the terms contained under this Agreement.  

2.       It has obtained all governmental approvals, statutory, regulatory or other third-party consents (including contractual counterparties), licences, authorisations, waivers or exemptions required to empower the Service Provider to enter into and perform their obligations under this Agreement. This obligation shall continue to be in full force and effect (or shall be in full force and effect) during the term of this Agreement.

3.       It has not received any notice or threat in writing, nor are there any claims or proceedings before any court or tribunal, which could reasonably be expected to prevent the Service Provider from fulfilling any of its obligations under this Agreement.

4.       The execution, delivery and performance by it of its obligations under this Agreement does not and will not contravene any applicable laws, regulation or order of any governmental authority or any judgement or decree of any court having jurisdiction over it or conflict with or result in any breach or default under, or accelerate any obligation under, any agreement to which the Partner is a party or by which it is bound.

Acceptance of Terms of Use

1.       Use of and access to the Platform is offered to You upon the condition of acceptance of all the terms, conditions and notices contained in these Terms of Use, along with any amendments made by the Company at its sole discretion and posted on the Platform. By (i) using this Platform or any Platform Services in any way; or (ii) merely browsing the Platform, You agree that You have read, understood and agreed to be bound by these Terms of Use available at DCamp Fitness website and mobile app.

2.       The Company retains an unconditional right to modify or amend this Terms of Use without any requirement to notify You of the same. It shall be Your responsibility to check this Terms of Use periodically for changes. Your continued use of the Platform following the posting of changes to this Terms of Use on the Platform, will constitute Your consent and acceptance of those changes.

Use of the Services.

1.       As part of the DCamp Fitness Services on the Platform, the Company will facilitate the connection between the end-users and the registered medical professional for physical / in-person and tele-consultations and diagnostic services, delivery of healthcare using electronic communications, information technology or other means between the medical practitioner/service provider and a patient who are not in the same physical location. While the provision of telemedicine services may offer certain potential benefits, there are also potential risks associated with the use of telemedicine services.

 

2.       You acknowledge that you have been provided with necessary information and based on the same, you provide your consent, authorization for the remote telehealth services, including use of the Platform. You understand that you may withdraw your consents at any time, however, the Company may not provide you with the Service in such cases. The Company may suspend your account or terminate your access to the Service if you withdraw consent. You understand that the telemedicine treatments have certain material risks / complications, and have been provided with the requisite information about the same.

 

3.       By accepting these Terms, you acknowledge that you understand and agree with the following:

 

(a)    Although you may reasonably expect the intended benefits from the use of the Services, no benefits or results can be guaranteed or assured; and

(b)    You understand that the laws that protect the privacy and security of health information may apply to aspects of the Services, and you have read the Privacy Policy, which describes these protections in more detail.

 

4.       You undertake to use the Platform in terms of applicable law and report any instance of non-compliance of applicable law, as part of the medical consultation, diagnostic services and other processes or systems on the Platform, including as per the Code of Ethics Regulations, 2002 and Telemedicine Practice Guidelines dated March 25, 2020 issued by the Board of Governors, National Medical Commission, as applicable, at the earliest to the Company and provide your fullest cooperation and support to fulfil reporting obligations applicable to us.

 

5.       End-users should seek emergency help or follow-up care when recommended by a medical practitioner or when otherwise needed, and continue to consult with their primary care physician and other healthcare professionals as recommended. As with any healthcare service, there are potential risks associated with the use of telehealth services. These risks include, but may not be limited to:

 

(a)    In rare cases, information transmitted may not be sufficient (e.g., poor resolution of images) to allow for appropriate healthcare decision making by the medical practitioner;

(b)    Delays in evaluation or treatment could occur due to failures of the electronic equipment. If this happens, you may be contacted by phone or other means of communication;

(c)     In rare cases, a lack of access to all of your health records may result in adverse drug interactions, hypoglycemic events, allergic reactions or other judgment errors;

(d)    Although the electronic systems we use will incorporate network and software security protocols to protect the privacy and security of health information, security protocols can fail or be breached, causing a breach of privacy of personal health information;

(e)     The  medical practitioner will inform you of alternative methods and therapies to the proposed treatment / intervention, their respective benefits, material risks and disadvantages, if any, including that there are other undefined, unanticipated, unexplainable risks / complications that may occur during or after the proposed treatment / intervention, and will answer all questions to regarding the proposed treatment. However, despite best efforts, there can be no assurance about the results or outcome of the proposed treatment / intervention and that there cannot be any guarantee or warranty about the results or outcome of the proposed treatment / intervention.

(f)      The medical practitioner may determine that the Platform is not appropriate for some or all of your needs, and accordingly may elect not to facilitate telehealth services through DCamp Fitness.

 

 

Eligibility to Use

 

1.       The Platform Services are not available to minors i.e. persons under the age of 18 (eighteen) years or to any Users suspended or removed by the Company for any reason whatsoever. You represent that You are of legal age to form a binding contract and are not a person barred from receiving Platform Services under the applicable laws.

 

2.       The Company reserves the right to refuse access to the Platform or Platform Services to new Users or to terminate access granted to existing User(s) at any time without according any reasons for doing so.

 

3.       In case of non-compliance with rules and regulations, privacy policy or user agreement for access or usage of the computer resource of the Company, it has the right to terminate the access or usage rights of the Users to the computer resource immediately or remove non-compliant information or both, as the case may be. The Company will periodically inform its Users, at least once every year, of the compliance requirements set-out in this Terms of Use and the Privacy Policy or any changes thereto.

 

4.       You shall not have more than one active Account (as defined hereinafter) on the Platform. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another party or impersonating any other person for the purposing of creating an account with the Platform.

 

User Account, Password, and Security

1.       In order to avail the Platform Services (as defined hereinafter) on the Platform, You will have to register on the Platform by providing details about Yourself, including Your name, address, contact details and such other details as may be required on the Platform and create an account (“Account”).

2.       You shall ensure and confirm that the Account information provided by You is complete, accurate and up-to-date. If there is any change in the Account information, You shall promptly update Your Account information on the Platform. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate Your Account and refuse any and all current or future use of the Platform (or any portion thereof) at its discretion, in addition to any right that the Company may have against You at law or in equity, for any misrepresentation of information provided by You.

3.       You will be responsible for maintaining the confidentiality of the Account information and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify the Company of any unauthorized use of Your Account information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. The Company cannot and will not be liable for any loss or damage arising from Your failure to comply with this provision. You may be held liable for losses incurred by the Company or any other user of or visitor to the Platform due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account information secure and confidential.

4.       Use of another User’s Account information for availing the Platform Services is expressly prohibited.  

Fees, Charges and Subscriptions

1.       Any Digital Services membership may start with a free trial. The free trial period for any subscription will last for the period of time specified when you signed up. Free trials may not be combined with certain other offers, as specified. If you begin your subscription within a free trial, we may begin billing You for periodical membership fees at the time of subscription purchase or at the end of the free trial period unless you cancel your membership prior to the end of the free trial period, at our sole discretion.

2.       You agree to pay for all fees and charges incurred while using the Digital Services and the Platform Services. Additional taxes or third party charges may apply.

3.       You may be offered (a) pay per session; (b) subscription options, which could be monthly, quarterly, half yearly, annual, recurring, non-recurring subscription options. For the purposes of our weekly, monthly and yearly subscriptions, a week constitutes 7 calendar days, a month constitutes 30 calendar days and a year constitutes 365 calendar days.

4.       Non-recurring subscription(s) are non-cancellable. However, You may cancel your recurring subscription(s) at any time by going to your Account Settings and cancelling your subscription before the respective renewal date to avoid billing of the next period’s subscription fee to the Payment Detail you have provided. Refunds cannot be claimed for any partial-term subscription period.

5.       Any promotion code or offer provided may not be used in conjunction with any other promotion code or offer, past or present. Introductory offers are only available to new users of the Platform, except where expressly stated otherwise. Previous users, including those having only booked / utilised trial services, or trial users of the Platform do not qualify as new users. No promotion code or discount will apply to any services / products unless otherwise stated on the Platform. Unless otherwise set forth in the terms of any promotion, all pricing promotions or discounts will apply to the initial period of the subscription, and any renewals will be charged at the non-discounted rate for the type of subscription or membership purchased.

Payment Services

1.     All payments in respect of the Platform Services shall be made to the Company through the Platform. To the extent permitted by applicable law and subject to the Company’s Privacy Policy, you acknowledge and agree that the Company may use certain third-party vendors and service providers, including payment gateways, to process payments and manage payment card information.  

2.       In order to make payments online, You undertake to use a valid payment card or bank details or third party wallets or details required for any other mode of payment (“Payment Details”) with the authority to use the same, to have sufficient funds or credit available to complete the payment on the Platform in good standing. By providing the Payment Details, You represent, warrant, and covenant that: (1) You are legally authorized to provide such Payment Details; (2) You are legally authorized to perform payments using such Payment Details; and (3) such action does not violate the terms and conditions applicable to Your use of such Payment Details or applicable law. You agree that You are responsible for any fees charged by Your mobile carrier in connection with Your use of the payment services through Your mobile. The Company shall use the Payment Details as described in the Company’s Privacy Policy .You may add, delete, and edit the Payment Details You have provided from time to time through the Platform.  

3.       The payment receipt for completion of a transaction shall be provided by the respective Vendors and the transaction summary shall be provided by the Company, the payment receipt and transaction summary shall be made available on the Platform and also sent to your registered email address. Company collects the payment on behalf of the respective Vendor, and eventually settles the same.

4.       Except to the extent otherwise required by applicable law, the Company is not liable for any payments authorized through the Platform using Your Payment Details. Particularly, the Company is not liable for any payments that do not complete because: (1) Your payment card or bank account or third party wallet does not contain sufficient funds to complete the transaction or the transaction exceeds the credit limit in respect of the Payment Details provided; (2) You have not provided the Company with correct Payment Details; (3) Your payment card has expired; or (4) circumstances beyond the Company’s control (such as, but not limited to, power outages, interruptions of cellular service, or any other interferences from an outside force) prevent the execution of the transaction.

Refund Policy

1.       Fitness Services – Any DCamp Fitness memberships / sessions / classes / activity bookings bought by You are non-refundable, non-exchangable, and non-saleable.

2.       DCamp foods Food Products – You can request for cancellation / pausing of Food Product orders with scheduled deliveries and request for refund / adjustment in future orders against the same. However, acceptance of cancellation / pause requests shall be at DCamp foods’ the sellers’ / Company’s discretion and dependent on the cancellation cut-off time and the quantity of DCamp foods Food Products ordered by You. There shall be no refunds for on-demand DCamp foods Food Product orders.

3.       Diverse Products – Please refer to FAQs available on the Platform for requesting refunds in case of Diverse Products.

4.       Digital Services - You may request cancellation of your subscription to the Digital Services, however the same must be done before the respective renewal date to avoid billing of the next period’s subscription fee to the Payment Details you have provided. Refunds cannot be claimed for any partial-term subscription period.

5.       The Company and / or relevant service provider(s) / vendor shall have the right to cease/terminate relationship with You unilaterally without any reason, and applicable amount or cash back (if any) or pro-rata refund, as the case may be, shall be refunded to You subsequently.

8.       With regards to payments, the Platform shall not be responsible for any unauthorised transactions conducted on our Platform using Your payment card or internet banking. The Platform shall not be obligated to refund any money to You in such instances.  

Use of Platform

1.       Subject to compliance with the Terms of Use, the Company grants You a non-exclusive, revocable, limited privilege to access and use this Platform and the Platform Services. You agree to use the Platform Services, Platform and the materials provided therein only: (a) for purposes that are permitted by the Terms of Use; (b) for purposes for which the Platform Services are meant to be used; and (b) in accordance with any applicable law, regulation or generally accepted practices or guidelines. You agree not to engage in activities that may adversely affect the use of the Platform by the Company/other Users.

2.       You agree not to access (or attempt to access) the Platform and the materials or Platform Services by any means other than through the interface that is provided by the Company. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any Content, to obtain or attempt to obtain any materials, bookings, documents or information through any means not specifically made available through the Platform.

3.       You acknowledge and agree that by accessing or using the Platform or Platform Services or Content, You may be exposed to content from others that You may consider offensive, indecent or otherwise objectionable. The Company disclaims all liabilities arising in relation to such offensive content on the Platform.

4.       If the Platform allows You to post and upload any material on the Platform, You hereby undertake to ensure that such material is not offensive and is in accordance with applicable laws. All material added, created, uploaded, submitted, distributed, or posted to the Platform by You is Your sole responsibility. The Company reserves the right to review any information provided/data uploaded, if any, by You on the Platform and delete any information/data that is inconsistent with these Terms of Use.

5.       Further, You undertake not to:  

1.       defame, abuse, harass, threaten or otherwise violate the legal rights of others;

2.       publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;

3.       copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from the Company;

4.       conduct or forward surveys, contests, pyramid schemes or chain letters;

5.       upload or distribute files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents;

6.       upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Platform or another's computer or provide you undue advantage or benefit in purchasing goods / availing services;

7.       engage in any activity that interferes with or disrupts access to the Platform or the Platform Services or the Content (or the servers and networks which are connected to the Platform);

8.       attempt to gain unauthorized access to any portion or feature of the Platform, any other systems or networks connected to the Platform, to any Company server, or to any of the Platform Services offered on or through the Platform, by hacking, password mining or any other illegitimate means;

9.       probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other User, of or visitor to, the Platform, to its source, or exploit the Content, Platform or Platform Services or information made available or offered by or through the Platform, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided on the Platform;

10.    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;

11.    collect or store data about other Users in connection with the prohibited conduct and activities set forth in this Section.

12.    use any device or software to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform;

13.    use the Platform or any material or Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company or other third parties;

14.    falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;

15.    violate any applicable laws or regulations for the time being in force within or outside India or anyone’s right to privacy or personality;

16.    violate the Terms of Use contained herein or elsewhere; and

17.    reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platform.

6.       Except as expressly indicated herein, the Company hereby grants You a non-exclusive, freely revocable, non-transferable access to view any Content available on the Platform, subject to the following conditions:

1.       You may access the Content solely for personal, informational, and internal purposes, in accordance with the Terms of Use;

2.       You may not modify or alter the Content available on the Platform;

3.       You may not distribute or sell, rent, lease, license or otherwise make any Content on the Platform available to others; and

4.       You may not remove any text, copyright or other proprietary notices contained in the Content downloaded from the Platform.

Intellectual Property Rights

1.       The Platform and the processes, and their selection and arrangement, including but not limited to, all text, videos, graphics, user interfaces, Images, photos, visual interfaces, sounds and music (if any), artwork and computer code (and any combinations thereof) (collectively, the “Content”) on the Platform is owned and controlled by the Company and / or its licensors and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.

2.       The trademarks, logos and service marks displayed on the Platform (“Marks”) are the property of the Company and / or Vendors and / or other respective third parties, as the case may be. You are not permitted to use the Marks without the prior consent of the Company, or the Vendors, or the third party that may own the Marks.

Disclaimer of Warranties & Liability

You expressly understand and agree that, to the maximum extent permitted by applicable law:

1.       the Platform, Platform Services and other Content are provided by the Company on an “as is” basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, the Company makes no warranty that (i) the Platform or the Platform Services or the Content will meet Your requirements or Your use of the Platform or the Platform Services will be uninterrupted, timely, secure or error-free; (ii) the results that may be obtained from the use of the Platform, or Platform Services will be effective, accurate or reliable; (iii) the quality of the Platform or Platform Services or Content will meet Your expectations; or (iv) any errors or defects in the Platform or Platform Services or Content will be corrected. No advice or information, whether oral or written, obtained by You from the company or through use of the Platform Services shall create any warranty not expressly stated in the Terms of Use.

2.       the Company will have no liability related to any user Content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. The Company also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user Content.

3.       the Company will not be liable for any loss that You may incur as a consequence of unauthorized use of Your Account or Account information in connection with the Platform or Platform Services, either with or without your knowledge.

4.       the Company has endeavored to ensure that all the information on the Platform is correct, but the Company neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, or Platform Services. The Company shall not be responsible for the delay or inability to use the Platform or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities and related graphics obtained through the Platform, or otherwise arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise. Further, the Company shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any reason beyond the Company's control. You understand and agree that any material or data or Content downloaded or otherwise obtained through the Platform is done entirely at Your own discretion and risk, and that You will be solely responsible for any damage to Your computer systems or loss of data that results from the download of such material or data.

Indemnification and Limitation of Liability

1.       You agree to indemnify, defend and hold harmless the Company and its affiliates including but not limited to its (and its affiliates’) officers, directors, consultants, agents, employees and Vendors on the Platform (“Indemnitees”) from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Indemnitees 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 You pursuant to these Terms of Use. Further, You agree to hold the Indemnitees harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Platform or Platform Services or Content, any misrepresentation with respect to the data or information provided by You, Your violation of the Terms of Use, or Your violation of any rights of another, including any intellectual property rights.

2.       In no event shall the Indemnitees be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, arising out of or in connection with Your use of or access to the Platform, Platform Services or Content on the Platform. The limitations and exclusions in this Section apply to the maximum extent permitted by applicable laws.

3.       In addition, and without limiting the foregoing, to the fullest extent permitted by applicable law, in no event will Indemnitees aggregate liability arising out of or in connection with these Terms of User or the services rendered hereunder, whether in contract, tort (including negligence, product liability, or other theory), warranty, or otherwise, exceed the amount of actual fees charged from You.

4.       If applicable law does not permit the exclusion of certain warranties or the limitation or exclusion of liability, the scope and duration of such warranty exclusions and the extent of the liability of Company shall be the minimum permitted under applicable law.

Violation of the Terms of Use

You agree that any violation by You of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to the Company and/or Vendors, as the case may be, for which monetary damages would be inadequate, and You consent to the Company and/or Vendors obtaining any injunctive or equitable relief that they deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that the Company and/or Vendors obtaining may have at law or in equity. If the Company and/or Vendors takes any legal action against You as a result of Your violation of these Terms of Use, they will be entitled to recover from You, and You agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief that may be granted.

 

Suspension and Termination

1.       The Terms of Use will continue to apply until terminated by either You or the Company as set forth below. If You object to the Terms of Use or are dissatisfied with the Platform, your only recourse is to (i) close Your Account on the Platform; and/or (ii) stop accessing the Platform. 

2.       The Company may delist You or block Your future access to the Platform or suspend or terminate your Account if it believes, in its sole and absolute discretion that you have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Use or anyway otherwise acted unethically. Notwithstanding anything in this clause, these Terms of Use will survive indefinitely unless and until the Company chooses to terminate them.

3.       If You or the Company terminate Your use of the Platform, the Company may delete any Content or other materials relating to Your use of the Platform Services and the Company shall have no liability to You or any third party for doing so. However, your transactions details may be preserved by the Company for purposes of tax or regulatory compliance.

4.       You shall be liable to pay for any Platform Services that you have already ordered till the time of termination by either party whatsoever.

Governing Law

These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals, fora, applicable authorities at Bangalore.

 

Report Abuse and Grievance Redressal

In the event You come across any abuse or violation of these Terms of Use or if You become aware of any objectionable content on the Platform or if You wish to report a grievance regarding Platform or Platform Services, please report the same to the following e-mail id: info@dcamp.in or reach out to our Grievance Officer, whose contact information is detailed below:

·         Name: Mrs. Drisya

·         Email – drisya@dcamp.in; and

·         Postal address – T.S No 1794/2, Periyar nagar, Behind Pankaja Mill, Puliakulam P.O, Sowripalayam, Coimbatore - 641045

 

Please provide us with a detailed description of the complaint/grievance, and we will endeavour to resolve Your grievances within 15 (fifteen) days from the date of receipt of such grievance, or within such timeframe stipulated under applicable laws.

 

Communications

You hereby expressly agree to receive communications by way of SMS and/or e-mails from the Company, Vendors and other third parties relating to the Platform Services provided through the Platform. You can unsubscribe/ opt-out from receiving communications through SMS and e-mail anytime by e-mailing to info@dcamp.in or contacting our Grievance Officer. However, this may limit the extent of Platform Services that you can avail.

 

General Provisions

Notice: All notices from the Company will be served by email to Your registered email address or by general notification on the Platform. Any notice provided to the Company pursuant to the Terms of Use should be sent to info@dcamp.in or to our Grievance Officer with subject line - Attention: TERMS OF USE.

Assignment: You cannot assign or otherwise transfer the Terms of Use, or any rights granted hereunder to any third party. The Company’s rights under the Terms of Use are freely transferable by the Company to any third party without the requirement of seeking Your consent.

Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Terms of Use, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect.

Waiver: Any failure by the Company to enforce or exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver by the Company of that provision or right.

 

IP Infringement

If You believe the Platform or any of the Platform Services violates Your intellectual property, You must promptly notify the Company in writing at info@dcamp.in. These notifications should only be submitted by the owner of the intellectual property or an agent authorized to act on his/her behalf. However, any false claim by You may result in the termination of Your access to the Platform. You are required to provide the following details in Your notice:

1.       the intellectual property that You believe is being infringed;

2.       the item that You think is infringing and include sufficient information about where the material is located on the Platform;

3.       a statement that You believe in good faith that the item You have identified as infringing is not authorized by the intellectual property owner, its agent, or the law to be used in connection with the Platform;

4.       Your contact details, such as Your address, telephone number, and/or email;

5.       a statement that the information You provided in Your notice is accurate, and that You are the intellectual property owner or an agent authorized to act on behalf of the intellectual property owner whose intellectual property is being infringed; and

6.       Your physical or electronic signature.

Copyright © All rights reserved.

PRIVACY POLICY

We at DCamp Foods & Health Services Pvt Ltd ('DCamp Fitness') know that you as a user ('You', 'Your', ‘User(s)’) care about how your personal information is used and shared, and we take your privacy seriously. Please read the following to learn more about our privacy policy. By visiting or using our website (www.dcampfitness.com) and domain name, and any other linked pages, features, content, mobile applications, or any other services we offer from time to time by in connection therewith (collectively, the 'Mobile App'), or by using the Services / Products (as defined in our Terms of Use ) in any manner, you acknowledge that you accept, and are subject to, the practices and policies outlined in this privacy policy.

 

This Privacy Policy is published in compliance with inter alia:

 

(a)    Section 43A of the Information Technology Act, 2000;

(b)   Regulation 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (“SPDI Rules”); and

(c)    Regulation 3 of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

 

What does this privacy policy cover?

This privacy policy deals with our treatment of personally identifiable information ('personal information') that we gather when you are availing, accessing or using our Mobile App for availing third party Products and Services including Fitness Services, or otherwise visiting clinics, fitness centres, gyms or other physical premises.

 

This policy does not deal with the policies or practices of companies that we do not own or control (including our franchisees), or to individuals that we do not employ.

 

By visiting our Platform, downloading the Mobile App, purchasing Products via the Platform, or subscribing for, or availing of Fitness Services you consent to the collection, use, sharing, disclosure and processing of Your personal information by Diverse and each of the sellers/service providers on the Platform (collectively, 'We', 'Us', 'Our') in accordance with the terms of this Privacy Policy or as otherwise required by, or permitted under, applicable law.

 

For anyone under the age of 18 to register for the Products or Services, including Fitness Services, or otherwise visit clinics, fitness centres, gyms or other physical premises, their parents or guardians have to read and understand the terms and conditions. The parents or guardians confirm and agree that in addition to acceptance of these Terms of Use, use and/or booking of the Fitness Services by their son/daughter signifies your acceptance of any additional terms and conditions, guidelines, house rules, etc. posted, communicated or displayed on the websites/centres. To the fullest extent permissible pursuant to applicable law, use of the Fitness Services and your attendance at, participation in, purchase and/or use of the Fitness Services by your son or daughter, 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.

 

       What information do we collect?

We collect the following types of information:

 

Information you provide to us:

We receive and store any information you knowingly provide to us, including:

·       personal information collected at the time of your registration on the Mobile App/website, including your name, username, email address, gender, birth date, height, location;

·       personal information and SPDI (where necessary) collected for provision of the Services on the Mobile App/website, including your nutrition data, dietary and lifestyle information, information related to height, weight and body measurements,  passwords, workout related data (including outputs from your device camera for “scoring” tracking or conducting live workout sessions), physical activity, photographs, biometric information, genetic information, information, race and ethnicity-related information, family-related information (to the extent necessary for effective provision of Services), sleep habits; and  other sleep, activity, or health-related information and insights for our Services and Products;

·       bank details for payment processing;

·       details about your health, mental wellbeing, disabilities or other health related information such as vaccination status, past and present medical information , all collected for the safety of our other users and premises that they access, the discharge our duties as an employer, or to provide certain benefits;

·       data in your mobile address book to help users find other users who have enabled ‘squads’ and set their profiles as public. We do not otherwise process information from the address book for any other purpose;

·       information relating to your access and usage of premises, and sessions, including workouts, number of activities and users, data collected at our reception desks and kiosks, CCTV footage for common areas collected in accordance with applicable CCTV policy .

 

The information collected from you as set-out above constitutes ‘personal information’ or ‘sensitive personal data or information’ (“SPDI”) in terms of the SPDI Rules. You hereby consent to collection of such information.

 

You can choose not to provide us with certain information, but then you may not be able to register with us or to take advantage of some of our features / Products. We may anonymize your personal information so that you cannot be individually identified, and provide that information to our partners. For example, you may tell us that you are female and sleep an average of 6 hours per night; we may combine this information with content received from our other users, and disclose to our partners that on the whole, our male users sleep more hours per night than our female ones,.

 

Information collected from iOS HealthKit, Health app and Google Fit:

When you share your iOS Health app data or Google Fit with our Products, that data is covered by the privacy policy.

 

We handle all iOS Health app and HealthKit data in accordance with Apple's development guidelines. To view Apple's HealthKit developer guidelines, go to  https://developer.apple.com/app-store/review/guidelines/#health-and-health-research .

 

We handle Google Fit data in accordance with Google Fit Terms of Service. To view Google Fit Terms of Service go to  https://developers.google.com/fit/terms .

HealthKit, Health app, iPhone, and Apple are registered trademarks of Apple Inc.

 

Google Fit and Google are registered trademark of Google Inc. 

 

Information collected automatically:

Whenever you interact with our Mobile App, we automatically receive and record information on our server logs from your browser including your IP address, 'cookie' information, and the page you requested. 'Cookies' are identifiers we transfer to your computer or mobile device that allow us to recognize your browser or mobile device and tell us how and when pages in our Mobile App are visited and by how many people. You may be able to change the preferences on your browser or mobile device to prevent or limit your computer or device's acceptance of cookies, but this may prevent you from taking advantage of our Mobile App's best features.

When we collect usage information (such as the numbers and frequency of visitors to the Mobile App), we use this data in aggregate form and personal form to customize the solutions depending on individual needs. For example, this aggregate data tells us how often users use parts of the Mobile App, so that we can make the Mobile App appealing to as many users as possible. We may also provide this aggregate information to our partners; our partners may use such information to understand how often people use our Mobile App, so that they, too, can provide you with an optimal online experience. We never disclose aggregate information to a partner in a manner that would identify you personally.

 

If you are using our Products, you understand and acknowledge that, any information, data or readings from the Product, or collected from Your use thereof, will be automatically uploaded to your account with us. To the extent these automatically collected readings can be used to personally identify you, these readings are personal information for the purposes of this privacy policy.

      

Purpose and Use of information

We, our affiliates and/or the sellers or service providers on the Mobile App may access and use your Personal Information and SPDI for the following purposes:

1.       Provision of the Products and Services on the Website and the Mobile App including optimizing, or further developing/improving operation of the Platform or providing better user experience;

2.       To contact you in relation to Products and Service offerings on the Platform, including pursuant to current or future collaborations with third party service providers;

3.       General business and operating purposes, such as the administration, management and operation of the business, including client/user interaction, responding to requests, customizing and improving our Services;

  1. For payment, billing and invoicing related purposes;

  2. To generate aggregated data to prepare insights (not being SPDI) to enable us to understand patterns and trends with a view to learn more about your preferences or other characteristics;

  3. Compliance with our obligations under applicable laws and other regulations, including to protect against and prevent fraud and other legal or information security risks; and

  4. To serve other purposes for which we provide specific notice at the time of collection, and as otherwise authorized or for any other lawful purpose.

 

Delete targeting cookies

Your interest profile can be removed by deleting your browser's cookies.

Information stored on cookies

The cookie information stored on the User's hard drive is: (i) User segment hits or information on a specific product, service, brand or model in which the User has shown interest during its visit to a certain website and (ii) time and date stamp of the latest update of the User profile.

If the cookie is deleted by the User, all profile data is removed. For the sake of clarity, no segments relating to information which we consider sensitive have been or will be created, such as segments relating to political opinions, religious beliefs, physical or mental health conditions or sexual life. Further, we are very sensitive to the issue of children's privacy and marketing directed to children.

 

E-mail and other communications:

 

We may contact you, by email or other means; for example, we, or persons we share your Personal Information with may send you promotional offers on behalf of other businesses, or communicate with you about your use of the Mobile App or the Product. Also, we may receive a confirmation when you open an email from us. This confirmation helps us make emails more interesting and improve our service. If you do not want to receive email or other mail from us, please indicate your preference by emailing us at info@dcamp.in or contacting our Grievance Officer.

 

      Will we share any of the personal information we receives?

We neither rent nor sell your personal information in personally identifiable form to anyone. We share your personal information in personally identifiable form with third parties only as described below. In terms of the Diverse Services, we shall share the information collected from You with only such third parties in relation to whom you provide express consent.

·         Affiliated businesses and third-party websites we do not control:   In certain situations, businesses or third party websites we're affiliated with may sell items or provide services to you through the Mobile App (either alone or jointly with us). You can recognize when an affiliated business is associated with such a transaction or service, and we will share your personal information with that affiliated business only to the extent that it is related to such transaction or service.

·       Agents:  We employ other companies and people to perform tasks on our behalf and need to share your information with them to provide Products or services to you. Unless we tell you differently, our agents do not have any right to use the personal information we share with them beyond what is necessary to assist us.

·         User submissions:  Any content or personal information that you voluntarily disclose online in a manner other users can view (on discussion boards, in messages and chat areas, etc.) becomes publicly available, and can be collected and used by others.

·         Business transfers:   We may choose to buy or sell assets. In these types of transactions, customer information is typically one of the business assets that is transferred. Also, if we (or substantially all of our assets) are acquired, or if we go out of business or enter bankruptcy, personal information would be one of the assets transferred to or acquired by a third party.

·         Protection of DCamp Fitness and others:   We may release personal information when we believe in good faith that release is necessary to comply with laws; enforce or apply our conditions of use and other agreements; or protect the rights, property, or safety of DCamp Fitness, our employees, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.

·         Offers, programs and benefits: We may offer certain programs (such as loyalty programs), benefits and offers provided by our affiliates, partners or third parties, which are complementary to our products or services or otherwise offer you a continuum of service offerings  similar to  the services or products offered on the Platform.

·         With your consent:   Except as set forth above, you will be notified when your personal information may be shared with third parties and will be able to prevent the sharing of this information.

Transfer of SPDI outside India

 

Subject to applicable law, we may at our sole discretion, transfer personal information and/or SPDI to any other body corporate (as defined under the Information Technology Act, 2000) that ensures at least the same level of data protection as is provided by us under the terms hereof, located in India or any other country.

 

By using the Services and Products, you accept the terms hereof and hereby consent to the storage and processing of personal information and SPDI by third parties and in any of location within or outside India. We will make best efforts to ensure that the third party or the location to which the SPDI is transferred affords same level of data protection as would be afforded under Indian law.

By continuing to use the Services and the Products, you provide your consent for transfer, sharing and disclosure of personal information or SPDI by us in accordance with this Privacy Policy.      

      

Is personal information about me secure?

Your account is protected by a password for your privacy and security. You need to prevent unauthorized access to your account and personal information by selecting and protecting your password appropriately and limiting access to your computer or device and browser by signing off after you have finished accessing your account.

 

We will put in place measures to ensure that Your information in our possession or under our control is destroyed and/or anonymized reasonable after: (a) the purposes for which Your information was collected is no longer being served by the retention of such information; and (b) retention is no longer necessary under any applicable law. Your data may be anonymized, de-identified and/or aggregated, and the resulting data may be held by us, our affiliates, service providers and sellers on the Mobile App, associates, agents, representatives, and other authorized third parties, for as long as necessary for us to provide the services effectively or for other purposes.

 

We endeavor to protect the privacy of your account and other personal information we hold in our records, but we cannot guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.

Mobile App may contain links to other sites. We are not responsible for the privacy policies and/or practices on other sites. When following a link to another site you should read that site's privacy policy.

Note:  However, as effective as encryption technology is, no security system is impenetrable. We cannot guarantee the security of our database, nor can we guarantee that information you supply won't be intercepted while being transmitted to us over the Internet. Any transmission of information by you to our Mobile App or otherwise is at your own risk.

 

       What personal information can I access?

Through your account settings, you may access, and, in some cases, edit or delete the following information you've provided to us:

·         name and password

·         email address

·         user profile information, including your height, weight, and location

The information you can view and update may change as the Mobile App changes. Please note that any information that is automatically uploaded from a Product to the Mobile App, or collected otherwise from You by us, cannot be later changed or updated. We store Your personal information (including SPDI) until You require and inform us to delete the same.

 

We will redress your grievances and concerns surrounding usage of Services or Products through Mobile App within specified timelines as per applicable law. If you have any questions about viewing or updating information we have on file about you, or if you wish to raise any complaint/grievances, or object/withdraw your consents, please contact us at info@dcamp.in or reach out to our Grievance Officer, appointed in accordance with the Information Technology Act, 2000  and the SPDI Rules, whose contact information is detailed below:

·         Name: Mr. Madhan

·         Email – info@dcamp.in; and

·         Postal address – 1794/2, Periyarnagar, Behind Pankaja Mill, Puliakulam, Coimbatore - 641045

 

Please provide us with a detailed description of the complaint/grievance, and we will endeavour to resolve Your grievances within 15 (fifteen) days from the date of receipt of such grievance or within such timeframe stipulated under applicable laws.

 

What choices do I have?

You can always opt not to disclose information to us, but keep in mind some information may be needed to register with us or to take advantage of some of our special features / Products. We will retain Your personal information for a reasonable period or as long as the law requires. If you’d like us to delete/modify Information that you have provided via the Mobile App or otherwise to us, please contact us at  info@dcamp.in or contact our Grievance Officer and we will respond in a reasonable time. Please note that some or all of the Information provided by You to us may be required in order for the Mobile App / Products to function properly.

You may be able to add, update, or delete information as explained in section above. When you update information, however, we may maintain a copy of the unrevised information in our records. Please note that some information may remain in our private records after your deletion of such information from your account. We may use (or transfer to our affiliates, group entities or authorised third parties) any aggregated data derived from or incorporating your personal information after you update or delete it, but not in a manner that would identify you personally.

If you do not wish to receive email or other mail from us, please email us at:  info@dcamp.in or contact our Grievance Officer. Please note that if you do not want to receive legal notices from us, such as this privacy policy, those legal notices will still govern your use of the Mobile App and the Product, and you are responsible for reviewing such legal notices for changes.

 

If you wish to opt-out of any services, offers, benefits, etc. offered by us or sellers on the Platform or their group entities or third party business alliance partners, you may do so in accordance with the terms specified to You by such affiliate/group entity. You are requested to carefully track notices sent to you, from time to time. To the extent that you do not expressly choose to opt-out of services, they may be provided to you on the basis that you have opted in to them.

 

       Changes to this privacy policy

We may amend this privacy policy from time to time. Use of information we collect now is subject to the privacy policy in effect at the time such information is used. If we make changes in the way we use personal information, we will notify you by posting an announcement on our Mobile App or sending you an email. You are bound by any changes to the privacy policy when you use the Mobile App, Product or Service after such changes have been first posted.

      

 

 

Last Updated on September 02nd, 2021

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Elgi Godown, Periyar Nagar, behind Pankaja Mill, Puliakulam, Coimbatore, Tamil Nadu - 641045

7/113,Near to CHIL SEZ IT Park, 

Saravanampatty  Road, Keeranatham, Coimbatore, Tamil Nadu - 641035

+91 63749 04404    |   +91 90478 04623

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Dcamp Foods and Health Services PVT LTD

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