This website under the name and style “Pilates for Wellbeing” (the “Website”) is owned, operated and made available by Classical Pilates for Wellbeing Private Limited, with its office at #35, Raja Sabha, Kasturba Cross Road, Off Lavelle Road, Bangalore-560001, India (hereinafter, referred to as “PFW”, “we”, “us” and/or “our”, each of which term shall include our assignees and/or successors-in-interest as determined by us at our sole discretion).
This is a legal agreement between you (the person viewing, using or accessing the Website and hereinafter, referred to as “you”, or “User” as per the context) and us.
PFW, through the Website and any sub-domains and services, features, content or widgets available through the Website, provides informational content with respect to fitness and well-being (with a specific focus on pilates and related activities) and provides information about their business and services, to its individual customers (“Service(s)”).
These Terms set forth the legally binding terms and conditions for your use and access of the Website, any sub-domains and any other services, features, content or widgets available through the Website or sub-domains and the Services.
In addition, PFW permits certain third-party service providers to offer certain products and services to Users on the Website, and further permits them to use their own cookies or similar technologies on the User’s device to provide such services. Users may at their sole risk and expense elect to avail such third-party services. Third party services are provided solely by the applicable third-party service providers and pursuant to separate arrangements between the Users and such third-party service providers. The third-party service providers’ terms and conditions will control the relevant third-party services.
Your use of the Website or the Services will signify your acceptance of the Agreement and your agreement to be legally bound by the same. If you do not agree to or wish to be bound by the terms of the Agreement, you may not access or otherwise use the Website.
Nothing in the Agreement should be construed to confer any rights to third party beneficiaries.
The User can obtain information about PFW, its products, packages and services, through the Website.
You are granted the right to access and use the Website and its associated Services strictly for personal use, as outlined in these Terms. This grant of right does not extend to any commercial use of the Website and its Services.
Receiving SMS/ E mails: You understand that once you provide us with your information on or through the Website, you may receive SMS messages or e-mails from PFW on your registered mobile number/email. These emails/SMS messages could relate to information about the Website, Services or PFW, and promotions that are undertaken by PFW. Please note that PFW will send these SMS messages only to the mobile number that you provide on the Website.
We reserve the right to refuse your access to the Website and/or Services, and remove or edit Content (defined below) at our discretion.
We will try to make the Website error-free. Your access to the Website may be occasionally suspended or restricted to allow for repairs, maintenance, or for introduction of new facilities or services. However, we do not take responsibility or liability for internet related issues, howsoever caused.
There will be several services listed on the Website and your access to PFW’s Services shall be subject to the Agreement. We reserve the right to accept or reject your access in part or in full, with or without any reason whatsoever. The acceptance of your offer to avail the Services will take place upon the provision of the Services availed by you irrespective of whether any payment is received in this regard. No act or omission prior to the actual provision of Services to you will constitute acceptance of your offer to avail the Services.
PFW reserves the sole right to record any of the telephonic conversations between you and PFW, its affiliates and its or their directors, consultants, employees, agents, partners, third party service providers, licensors or content providers (including tele-sales executives, customer support, customer experience executives and executives). You hereby agree that PFW will be permitted to record all telephonic conversations with you, irrespective of whether you are intimated of such recording during the course of such telephonic conversation.
All telephonic conversations specified above may also be recorded for audit purposes, internal training, and quality control purposes.
The Website allows you to access and view various content including newsletters, blogposts,videos, audio (which includes podcasts), graphics, photos, information, text (such as journals, blogs, comments and scripts), and other materials related to Pilates, workouts, exercise, health, fitness and well-being (collectively, “Content”).
We grant you a limited, non-exclusive and revocable license to access and make personal use of the Content on the Website. However, all Content including information, and material contained on the Website are and continue to be PFW’s exclusive intellectual property. Further, all trademarks, services marks, trade names and trade secrets in relation to the Website and the Services, whether or not displayed on the Website, are proprietary to PFW. No information, Content or material from the Website may be copied, reproduced,
republished, uploaded, posted, transmitted or distributed in any way without our express written permission. Any unauthorised use of the Content terminates the permission or license granted by us in terms of the Agreement.
You expressly understand and agree that:
The Content (including any information, content and materials on the Website) and any third party content (if made available) on the Website and/or Service is provided on an “as is” and “as available” basis. PFW and all its affiliates and its and their officers, employees, agents, consultants, personnel and partners disclaim all warranties of any kind, either express or implied, including but not limited to, implied warranties on merchantability, fitness for a particular purpose and non-infringement;
PFW does not warrant that the functions contained in any Content, third party content, information and materials on the Website, including, without limitation any third-party sites or services linked to the Website and/or that the Service will be uninterrupted, timely or error-free, that the defects will be rectified, or that the Website or the servers that make such Content, third party content, information and materials available are free of viruses or other harmful components;
The Content, third party content and any material on the Website are not medical advice and do not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition;
Any material downloaded or otherwise obtained through the Website are accessed at your own risk, and you will be solely responsible for any damage or loss of data that results from such download to your mobile phones or computer systems; and
PFW cannot and will not assure you that other Users of the Website are or will be complying with the foregoing rules or any other provisions of the Agreement. As between you and PFW, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
You hereby expressly acknowledge and agree that PFW will not be liable for your losses or damages (whether direct or indirect) caused by an unauthorized use of our Website. Notwithstanding the foregoing, you will be held liable for the losses suffered by PFW or others due to your unauthorized use of the Website and/or the Services.
The Website and the Services are for non-emergency purposes only. Do not attempt to access emergency care through the Website. If at any time you think you have a medical emergency, please reach out to the nearest healthcare provider for assistance.
The Website and Services are not intended to support or carry emergency or time-critical calls or communications to any type of hospital, law enforcement agency, medical care unit, or any other kind of emergency or time-critical service.
PFW is not and shall not be treated as an emergency care provider at any point in time. In the event of an emergency, PFW shall not, and will not be obligated to provide any emergency services, including any medication, ambulance services, medical advice, etc.
We are the sole owner or lawful licensee of all the rights of the Website, its content and the Services. For the purpose of this clause, the content on the Website includes its design, layout, text, images, graphics, sound, video, Content etc. as well as non-superficially visual functional elements. The title, ownership and intellectual property rights in and to the Website and its content shall remain with us, our affiliates or licensors of the content, as the case may be.
Trademark: Pilates for Wellbeing, PFW and related icons and logos are registered trademarks or trademarks pending registration in the name of PFW in various jurisdictions and the same is protected under applicable trademark and other intellectual property laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibite and shall be subject to appropriate legal proceedings against the unauthorized user.
Copyright: All content on the Website is the copyright of PFW except any third party content and links to third party websites on the Website, if any.
By using the Website, you represent and warrant that:
You are 18 (eighteen) years of age or older and that your use of the Website will not violate any applicable law or regulation; and
All information provided on the Website by you is true, factual, accurate and
complete, and you agree to maintain the accuracy of such information.
You shall use this Website and Services for reasonable and lawful purposes only and shall not indulge in any activity that is not envisaged through the Website.
You covenant that you will not:
Modify any content of the Website;
Decompile, reverse engineer, or disassemble the content including but not limited to the Content and any third party content;
Use the Service in any way that is unlawful, or harms PFW or any other person or entity, as determined in PFW’s sole discretion;
Use the Services as an alternative to professional medical advice;
Make false or malicious statements against the Service or Website or PFW;
Post, copy, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contains a virus or other harmful component, or otherwise impair or damage the Website and/or Service or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of the Website and / or the Service;
Engage in any form of antisocial, disruptive, or destructive acts on the Website, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the internet;
Post or upload any content that is libelous, defamatory, abusive, threatening, harassing, hateful and offensive or otherwise violates any law or right of any third party; or
Delete or modify any content of the Website and/or Service, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.
PFW does not guarantee the accuracy, integrity or quality of any content/service provided by third-party service providers. Further, the Users’ interactions with such third-party service providers through the Website, including in respect of payment and delivery of products or services, and any other terms, conditions, warranties or representations associated with such
dealings, are solely between the respective User and third-party service providers. In no event shall PFW be liable for any damages arising out of any interaction between the User and such third-party service providers. The information provided on the Website with respect to any third party product or service is provided to the Users on an “as is, where is” basis only.
We strongly recommend that you consult with your primary healthcare provider before you use/avail the Services including services offered by PFW as listed on the Website. Specifically, in the event that you have been diagnosed with a chronic disease or health condition, you hereby represent that you have obtained the express approval of your primary healthcare provider for using /availing the Services including the services offered by PFW as listed on the Website.
You expressly understand and agree that, to the maximum extent permitted by applicable law:
The Website, Services and other materials are provided by PFW 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, PFW makes no warranty that
(i) the Website or the Services will meet your requirements or your use of the Website or the Services will be uninterrupted, timely, secure or error-free;
(ii) the results that may be obtained from the use of the Website, Services or materials will be effective, accurate or reliable;
(iii) the quality of the Website, Services, or other materials will meet your expectations; or that
(iv) any errors or defects in the Website, Services or other materials will be corrected.
PFW has endeavored to ensure that all the information on the Website is correct, but PFW neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information or Service. PFW shall not be responsible for the delay or inability to use the Website or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise.
Further, PFW shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason beyond the control of PFW. The User understands and agrees that any material or data downloaded or otherwise
obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. PFW accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.
Any content provided or accessed through the Services, including but not limited to Content or any other digital content, is for informational purposes only. This Content should not be used during a medical emergency or for the diagnosis or treatment of any medical condition.
PFW does not take any responsibility for any inability on your part to avail these Services on account of any disruption of service due to internet issues or power issues.
PFW shall not be liable for any damages caused due to provision of incorrect/false/incomplete information by the User.
PFW does not make any guarantees relating to the outcomes based on any information and/or Services provided by PFW. While the Website is intended to provide you with information on pilates and general health and wellbeing, PFW cannot guarantee the management, cure, or treatment of any disease, condition or ailment based on the information provided on the Website or the Services.
Any information on the Website or provided by PFW, including any advice and recommendations provided as part of the Services, is intended solely for educational and informational purposes. It is not intended as medical or healthcare advice, or to be used for medical diagnosis or treatment, for any individual problem. It is also not intended as a substitute for professional advice and services from a qualified healthcare provider familiar with your unique facts. Always seek the advice of your doctor or other qualified healthcare provider regarding any medical condition and before using the services of PFW listed on the Website. Your use of the Services is subject to the additional disclaimers and caveats that may appear throughout the Services. We assume no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the information, or
other material provided as part of the Services. While we strive to keep the information provided by the Website to be accurate, complete, and up-to-date, we do not give any assurances, and will not be responsible for, any damage or loss related to the accuracy, completeness, or timeliness of the information provided on the Website.
are not associated with any healthcare, fitness or medical organisation;
are not affiliated to any healthcare, fitness or medical organisation;
do not represent any healthcare, fitness or medical organisation;
are not licensed medical care providers;
are not rendering medical advice or treatment; and
are not a healthcare institution or practitioners under any laws for the time being in force in India.
The information available on the Website is meant to serve as a comprehensive collection of information regarding PFW’s business and services and time-tested health and fitness strategies programmed by PFW. You understand that all information including but not limited to advice, summaries, strategies, and tips available on the Website, are only recommendations by us, and participating in services of PFW listed on the Website does not guarantee desired results. You accept the risk that such results may differ.
The information available on our Website or provided through e-mails is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by a physician, therapist, nutritionist, or any other health care provider. We are not medical health practitioners or mental health providers and we are not holding ourselves out to be in any capacity.
You shall not disregard medical advice or delay seeking it because of a statement you have read on our Website. Our Website should not be used in lieu of advice given by qualified medical professionals.
We have no expertise in advising on, diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise or diet. Your participation in the Services including the services of PFW listed on the Website shall be at your own risk.
Physical exercise can be strenuous and subject to risk of serious injury (including but not limited to musculoskeletal injury, spinal injuries, abnormal blood pressure responses, and rare instances of heart attack or death). We recommend you obtain a physical examination from a medical professional before using any exercise equipment or participating in any exercise activity.
Any recommendation for changes in diet including the use of food supplements are your responsibility and we recommend you consult with a professional prior to undergoing any dietary changes as results may vary.
You understand that health advice is often subject to medical research and developments. However, we make no representations that any information available on our Website is updated and in line with any medical developments. We recommend you consult and seek advice from a medical professional on any health condition that you may have prior to availing any fitness program or making changes to your diet.
You hereby agree to indemnify, defend, and hold PFW, PFW’s affiliates and PFW’s and PFW’s affiliates’ agents, officers, personnel, directors, consultants, representatives, authorized users, employees, and assigns harmless from and against any and all losses, damages, liabilities and costs (including without limitation attorneys’ fees) arising from
(i)your use or misuse of, or access to, the Website or the Services;
(ii) your violation of the terms of the Agreement;
(iii.) infringement by you, or any third party of any intellectual property or other right of any person or entity,
(iv) unauthorized use of the Website and/or Services, or use of the Website and/or Services in contravention of these Terms, and/or
(v) any claims or disputes between you and any third party whose services or products you may have accessed through the Website including for any claims relating to non-payment and/or misuse of such third party products and/or services. PFW reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with PFW in asserting any available defense.
You acknowledge and undertake that you are accessing the Services through the Website, transacting at your own risk and are using your best and prudent judgment before entering into any transaction with any third party or availing any Service(s) through the Website. Under no circumstances will PFW be liable to you for any harm, loss, or damage, either to your person or property, caused due to and/or as a result of your use of the Website and/or Services.
PFW shall not be liable or responsible for:
any failure to perform, or delay in performance of, any of PFW’s obligations under these Terms that is caused by any act or event beyond PFW’s reasonable control, including Force Majeure events;
any failure to perform, or delay in performance of, any of PFW’s obligations under these Terms or any financial loss that is caused by a third-party service;
the Website not meeting your individual requirements or the Website containing defects or errors, as the Website has not been developed specifically for you. It is your responsibility to ensure that you use the Website and functions of the Website meet your requirements; and
any loss or damage caused by a distributed denial-of-service, viruses attack, or other technologically harmful material that may infect your device, data or other proprietary material due to your use of the Website and/or the Services.
Further, none of the directors, officials, consultants or employees of PFW or its affiliates shall be personally liable for any action in connection with the Website or the Services.
We shall neither be liable nor responsible for any actions or inactions of the other Users of the Website nor any breach of conditions, representations or warranties by them. We do not take any obligation to mediate or resolve any dispute or disagreement between you and the other Users of the Website.
To the extent permitted by applicable law, we shall make no representation or warranties of any kind, express or implied, with respect to accuracy or significance of any aspect of outcome of the Services including the services offered by PFW on the Website. You should use your discretion before relying on any advice provided by PFW on the Website or while availing Services including services of PFW listed on the Website.
In the event you breach the Agreement or in the event any other User reports violation of any of their rights as a result of your use of the Website and/or the Services, PFW reserves the right to suspend or terminate your access to the Website with or without notice to you and to exercise any other remedy available under law. Any suspected illegal, fraudulent or abusive activity will be grounds for terminating your access to the Website. Upon suspension or termination, your right to avail the Services and access to the Website will immediately cease and PFW reserves the right to remove or delete your information that is available, with us.
PFW makes no representation that the Website, Services including services offered by PFW listed on the Website and content including the Content and any third party content contained on the Website is appropriate to be used or accessed outside the Republic of India. If you use or access the Website or avail Services from outside the Republic of India, you do so at your own risk and are responsible for compliance with the laws of such jurisdiction. These Terms do not constitute, nor may it be used for or in connection with, any promotional activities or solicitation by anyone in any jurisdiction in which such promotional activities or solicitation is not authorized or to any person to whom it is unlawful to promote or solicit.
Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or your use of the Website or the Service or information to which it gives access, will be sought to be resolved by means of amicable discussions between PFW and you. However, if such amicable discussions do not result in resolution of a dispute, then such a dispute shall be determined by arbitration in India, before a sole arbitrator. Arbitration will be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration will be Bangalore. All proceedings of such arbitration, including, without limitation, any awards, will be in English language. The award will be final and binding on the parties.
If any provision of the Terms is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision will be excluded from the Terms and the remainder of the Terms will be interpreted as if such provision were so excluded and will be enforceable in accordance with its Terms; provided however that, in such event the Terms will be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
All notices and other communications required or permitted hereunder to be given to a party will be in writing, in English language, and will be sent by facsimile, e-mail, or mailed by prepaid internationally-recognized courier, or otherwise delivered by hand or by messenger, addressed to such party’s address as set forth below or at such other address as the party would have furnished to the other party in writing in accordance with this clause:
If to PFW: email@example.com
If to you: At the email address provided by you to us when you register on the Website.
You hereby expressly agree to receive communication from PFW by SMS, Whatsapp
messages and e-mails. You can unsubscribe/opt-out from receiving communications and newsletters from PFW at any time by following the procedure set forth in the Website.
If you have any grievance with respect to the Website or the Service, including any
discrepancies and grievances with respect to processing of information provided by you, you can contact our Grievance Officer at:
Grievance Officer: Kavita Prakash
Contact Number: +91-080-4209 4055
Email Id: firstname.lastname@example.org
It is further stated that the Grievance Officer shall redress your grievances within 1 (one) month from the date of receipt of your written grievance to the contact details mentioned under this clause.
No term of the Terms will be deemed waived and no breach excused, unless such waiver or consent is in writing and signed by PFW. Any consent by PFW to, or waiver of a breach by you, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
If the whole or any part of the performance by PFW of any part of its respective obligations under the Agreement is prevented or delayed by causes, circumstances or events beyond the control of PFW including delays due to acts of God, floods, fires, accidents, pandemic, endemic, an outbreak, epidemic, earthquakes, riots, explosions, wars, hostilities, acts of government, systemic electrical, telecommunications, network or other utility failures affecting PFW or other causes of like character beyond the control of PFW (“Force Majeure”), then to the extent PFW shall be prevented or delayed from performing all or any part of its obligations under the Agreement by reason thereof despite due diligence and reasonable efforts to do so notwithstanding such causes, circumstances or events, PFW shall
be excused from penalty or performance under the Agreement for so long as such causes, circumstances or events shall continue to prevent or delay such performance.
The Agreement contains the entire understanding of the parties, and there are no other written or oral understandings or promises between the parties with respect to the subject matter of the Agreement other than those contained or referenced in the Agreement.