These Terms of Service constitute a legally binding agreement made
between the member(s) (“you”/ “Member”), and Gokaldas Ventures doing
business under the name of Blackbx (together with its subsidiaries,
“we,” “us” or “our”), concerning your access to and use of the
services provided at our studio, and any other services that we
provide that link to these Terms (“Services”) including the use of
this website and mobile application (including sub-domains and
microsites) (hereinafter referred to as, the “Platform”).
You agree that by accessing the Platform and enrolling for the
Services, you have read, understood, and agree to be bound by all of
these Terms of Service. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS
AND CONDITIONS, THEN YOU ARE PROHIBITED FROM USING THE PLATFORM AND
AVAILING THE SERVCIES AND THEREFORE, YOU MUST DISCONTINUE USE
IMMEDIATELY.
These Terms of Service, read with the Privacy Policy, are an
electronic record under the Information Technology Act, 2000, and the
rules made thereunder and the amended provisions pertaining to
electronic records under various Indian statutes and is enforceable
against you under law by way of your acceptance hereof.
We reserve the right, in our sole discretion, to make changes or
modifications to these Terms of Service at any time and for any
reason. We will alert you about any changes by updating the “Last
updated” date of these Terms of Service and you waive any right to
receive specific notice of each such change. It is your responsibility
to periodically review these Terms of Service to stay informed of
updates. You will be subject to and deemed to have been made aware of
and to have accepted, the changes in any revised Terms of Service by
your continued use of the Platform after the date such revised Terms
are posted.
The Services provided is not intended for distribution to or use by
any person or entity in any jurisdiction or country where such
distribution or use would be contrary to law or regulation or which
would subject us to any registration requirement within such
jurisdiction or country. Accordingly, those persons who choose to
access the Platform or obtain the Services from other locations do so
on their own initiative and are solely responsible for compliance with
local laws, if and to the extent local laws are applicable.
We are providing a membership programme to you which will include
services for specific durations. In the event, you are interested in
enrolling for such Services, you will be bound by these terms and
conditions.
The Services and the usage of the Platform are intended for users who
are at least 18 years old. Persons under the age of 18 are not
permitted to use the Platform and Services without the consent of
their guardian. We do not knowingly accept, request, or solicit
information from children or knowingly market to children. In case you
are under 18 years of age, then you are required to take consent from
your parents or guardian for using the Services and the Platform and
you shall use the Services as well as Platform under the guidance of
your parents or guardian. If we receive actual knowledge that anyone
under the age of 18 has provided personal information to us without
consent from their parents or guardian, we will delete that
information from the Services as is reasonably practical.
If you avail Services on behalf of someone else or as an entity on
behalf of your employees, you represent and warrant that you are
authorised by such individual to (i) accept this Terms of Service on
such individual’s behalf, and (ii) consent on behalf of such
individual to our collection, use and disclosure of such individual’s
information as described in this Terms of Service. You indemnify and
hold us harmless from any claims which such individual may have
against us.
From time to time, we may restrict access to some or all parts of the
Services, including studio classes, the Platform.
In order to access some Services available on the Platform, you will
have to create an account. You may not use another person’s account.
You agree that you are solely responsible for the activity that occurs
on your account. You agree to keep your account password secure and
confidential. You agree to notify us immediately of any breach of
security or unauthorized use of your account.
You may use the Services and the Platform only for lawful purposes and
in accordance with these Terms. You agree not to use the Services as
well as the Platform:
For any unlawful purposes, or that could violate any applicable,
local, or international law or regulation;
To engage in any conduct that restricts or inhibits anyone’s use or
enjoyment of the Services, or which, as determined by us, may harm us
or other persons using the Services or expose them to liability.
Use the Services for any commercial purpose;
Use the Services in any manner that could disable, overburden, damage,
or impair the Platform or any other party’s use of the Services;
Use any robot, spider or other automated device, process, or means to
access the Service for any purpose;
Introduce any viruses, trojan horses, worms, logic bombs, or other
material which is malicious or technologically harmful;
Use the Services to distribute unsolicited promotional or commercial
content, or solicit other persons using the Services for commercial
purposes;
Otherwise attempt to interfere with the proper working of the Service.
You must re-schedule the class 24 (twenty four) hours in
advance or you will be deducted that class. This includes switching
time slots under the 24 (twenty four) hours notice time period.
You must be physically present 15 minutes prior to the start of your
scheduled class and checkin at the front desk or your spot may be
given to a waitlisted client and you will be charged for the class.
Please feel free to contact the front desk with questions.
The membership programs and the duration of each such program shall be
introduced by us from time to time on the Platform or the Studio. It
will be your responsibility to check the membership programs and seek
any clarification, if required with us.
Any membership may be purchased by you through the Platform or offline
means at the studio. Persons who purchase any membership package are
subjected to a penalty charge solely determined by us for either a
late cancel or an absence should they not cancel their reservation
within the allotted 24 (twenty four) hours window. In the event of
non-compliance of these Terms of Service and any rules and regulations
mentioned in the studio, we may at our sole discretion terminate your
membership. In the event of termination, the unused portion of any
advanced payment shall be forfeited by the studio.
The membership programs and the duration of each such program shall be
introduced by us from time to time on the Platform or the Studio. It
will be your responsibility to check the membership programs and seek
any clarification, if required with us.
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.
The payment receipt for completion of a transaction shall be provided
by the respective vendors and the transaction summary shall be
provided by us, the payment receipt and transaction summary shall be
made available on the Platform and also sent to your registered email
address. We collect the payment on behalf of the respective vendor,
and eventually settles the same.
Except to the extent otherwise required by applicable law, we will not
be liable for any payments authorized through the Platform using Your
Payment Details. Particularly, we will 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 us with the
correct Payment Details; (3) Your payment card has expired; or (4)
circumstances beyond our 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.
You acknowledge and agree that any type of recording or transmission
(video, audio, still photography, streaming, social media posting,
etc.) of any live classes or activities, whether in person or online,
is strictly prohibited without the prior written consent of any of our
authorized corporate officer. Our instructors are not our authorized
officer and therefore are not entitled to provide any kind of consent
with respect to any matter related to the studio or recording of the
training. This includes even a temporary recording/transmission live
online class via online platforms such as SnapChat, Zoom, Facebook, or
Instagram, if any. You are, however, permitted to record and post
lawful, non-offensive content related to your participation in the
online classes or studio classes before and/or after a class with the
consent of each participant who is identified in your content.
Any violation of this clause is grounds for exclusion from
participation in any activities and services provided by us. You
further agree to indemnify, defend, and hold us harmless, our
officers, directors, employees, agents, and instructors, from and
against any claims, lawsuits or other actions, and all resulting loss,
damage or cost of any kind (including reasonable attorneys’ fees),
resulting from your violation of this clause.
You agree that we are in no way responsible for the safekeeping of
your personal belongings while you are present in the studio. You
assume all risk of loss for any of your personal belongings.
Always bring the treadmill to a complete stop before jumping off. Do
not put anything on the treadmills. (i.e. weights or other equipment).
In the event you are suffering from any kind of heart disease, you
are recommended to not sign up for the membership of this training
program. If recovering from injury or illness, or in case of any
medical condition, notify the instructor prior to class start time.
You will obtain and submit a doctor certificate allowing you to
resume your workout after an injury or illness.
You understand and undertake that you have read these Terms of
Services and in the event you suffer any injury during any training or
workout session, you understand that studio will not be responsible
for such injury. In the event you require any assistance with respect
to any equipment used by you for the purpose of training, you may seek
assistance of the instructors available on the floor. We will not be
responsible of your use of any equipment provided by us or any
activity performed by you in the studio for any purposes whatsoever
(including the training or workout program).
You accept the responsibility for your use of any and all apparatus,
appliances, facility, privileges or service whatsoever, owned and
operated at the studio at your own risk, and will hold the studio, its
shareholders, directors, officers, employers, representatives and
agents harmless from any and all loss, claim, injury, damage, or
liability sustained or incurred by you resulting therefrom.
Please note that the membership packages are non-refundable. The
membership package once purchased will not be refunded or transferred
under any circumstances.
Subject to compliance with the Terms of Service, we grant you a
non-exclusive, revocable, limited privilege to access and use this
Platform and the Services. You agree to use the Services, Platform and
the materials provided therein only: (a) for purposes that are
permitted by the Terms of Service; (b) for purposes for which the
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 us or any other user.
You agree not to access (or attempt to access) the Platform and the
materials or Services by any means other than through the interface
that is provided by us. 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.
You acknowledge and agree that any and all the rules and regulations
mentioned in the studio shall be applicable to you from the moment you
enter the studio.
In the event it is deemed advantageous to the studio to expand the
facilities thereof, the studio may temporarily close for construction
and will make reasonable efforts to ensure un-restricted provision of
Services for its members until such construction is completed.
You acknowledge and agree that by accessing or using the Platform or
Services or content, you may be exposed to content from others that
you may consider offensive, indecent or otherwise objectionable. We
disclaim all liabilities arising in relation to such offensive content
on the Platform.
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. We reserve 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 Service.
Further, You undertake not to:
defame, abuse, harass, threaten or otherwise violate the legal rights
of others;
publish, post, upload, distribute or disseminate any inappropriate,
profane, defamatory, infringing, obscene, indecent or unlawful topic,
name, material or information;
copy, republish, post, display, translate, transmit, reproduce or
distribute any of our content through any medium without obtaining the
necessary authorization from us;
conduct or forward surveys, contests, pyramid schemes or chain
letters;
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;
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;
engage in any activity that interferes with or disrupts access to the
Platform or the Services or the content (or the servers and networks
which are connected to the Platform);
attempt to gain unauthorized access to any portion or feature of the
Platform, any other systems or networks connected to the Platform, to
any of our server, or to any of the Services offered on or through the
Platform, by hacking, password mining or any other illegitimate means;
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 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;
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;
collect or store data about other users in connection with the
prohibited conduct and activities set forth in this Section.
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;
use the Platform or any material or content for any purpose that is
unlawful or prohibited by these Terms of Service, or to solicit the
performance of any illegal activity or other activity which infringes
our rights or other third parties;
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;
violate any applicable laws or regulations for the time being in force
within or outside India or anyone’s right to privacy or personality;
violate the Terms of Service contained herein or elsewhere; and
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.
You may access the content solely for personal, informational, and
internal purposes, in accordance with the Terms of Service;
You may not modify or alter the content available on the Platform;
You may not distribute or sell, rent, lease, license or otherwise make
any content on the Platform available to others; and
You may not remove any text, copyright or other proprietary notices
contained in the content downloaded from the Platform.
The studio holds a right to reserve “RIGHTS OF ADMISSION” & reserves
the right to “TERMINATE A MEMBERSHIP” as and when the management deems
necessary.
We are committed to providing a safe environment and strict action in
accordance with law will be taken against anyone found guilty under
sexual harassment behavior. For any complaint under sexual harassment
behavior in the studio, you can reach out to us on the contact details
specified on the poster at the concerned outlet.
The studio will keep the premises shut temporarily if there is a need
arising out of an emergency situation taken place in the premises or
in the neighborhood as it deems necessary.
Any damage to the studio facilities or property or the property of any
members caused by another member or his/her guest, is the sole
responsibility of the offending member. All costs of damages and
repairs will have to be borne by the offending member. In case the
member does not compensate the Studio for the same within 15 days from
the date of written notice the membership will be terminated and fees
paid for membership or other services or facilities will be forfeited.
Additional amount over the amount forfeited will have to be borne by
the member.
The content on the Platform, including without limitation, the text,
software, scripts, graphics, photos, sounds, music, videos interactive
features and the like (“Content”) and the trademarks, service marks
and logos contained therein (“Marks”), are owned by or licensed to by
us, subject to copyright and other intellectual property rights under
the law. Content on the Platform is provided to you as is for your
information and personal use only and may not be downloaded, copied,
reproduced, distributed, transmitted, broadcast, displayed, sold,
licensed, or otherwise exploited for any other purposes whatsoever
without the prior written consent of the respective owners. We reserve
all rights not expressly granted in and to the website and the
Content. You acknowledge and agree that any questions, comments,
suggestions, ideas, feedback or other information about the website or
services, provided by you to us are non-confidential and shall become
our sole property.
You agree to not engage in the use, copying, or distribution of any of
the Content other than expressly permitted herein. You agree not to
circumvent, disable or otherwise interfere with security-related
features of the website or features that prevent or restrict use or
copying of any Content or enforce limitations on use of the website or
the Content therein.
[●] trademarks may not be used, including as part of trademarks and/or
as part of domain names, in connection with any product or service in
any manner that is likely to cause confusion and may not be copied,
imitated, or used, in whole or in part, without our prior written
permission.
We care about data privacy and security. Please review our Privacy
Policy [CLICK HERE]. By using the Platform, you agree to be bound by
our Privacy Policy, which is incorporated into these Terms of Service.
Please be advised the Platform is hosted in India. If you access the
Platform from the European Union, United States, or any other region
of the world with laws or other requirements governing personal data
collection, use, or disclosure that differ from applicable laws in
India, then through your continued use of the Platform or Services,
you are transferring your data to India, and you expressly consent to
have your data transferred to and processed in India.
We may terminate your access to the Services at any time, in our sole
discretion, without cause or notice. You may terminate your account or
any membership that you have purchased, at any time, for any reason,
by following the instructions provided on the Platform or by
contacting the studio directly via phone or email. We may terminate
your account or membership at any time, without warning, if you breach
the Terms of Service. If we terminate your account or membership
because you have breached the Terms of Service, you will not be
entitled to a refund of any fees or for any unused portion of any
membership packages or class packages.
We shall from time to time verify the user with the Company data in
order to ensure that you are engaged by the Company. WITHOUT LIMITING
ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN
OUR DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE
OF THE SERVICES, TO ANY PERSON FOR ANY REASON OR FOR NO REASON,
INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION,
WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF SERVICE OR OF ANY
APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OF SERVICES,
WITHOUT NOTICE, IN OUR DISCRETION.
If we terminate or suspend your use of the Services for any reason,
you are prohibited from further using the Services through any fake
identity, or by acting on behalf of the third party. In addition to
terminating your use of the Services, we reserve the right to take
appropriate legal action, including without limitation pursuing civil,
criminal, and injunctive redress.
The following provisions will survive termination of this Agreement:
(1) Termination; Survival; (2) Assignment; (3) Intellectual Property
Rights; (4) Indemnity; (5) Limitation of Liability; (6) Miscellaneous.
These Terms of Service and your use of the Platform are governed by
and construed in accordance with the laws of India, without regard to
its conflict of law principles.
THE USE OF OUR SERVICES IS PROVIDED ON AN AS-IS AND AS-AVAILABLE
BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE
RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL
WARRANTIES, MEDICO-LEGAL LIABILITY, EXPRESS OR IMPLIED, IN CONNECTION
WITH SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. WE WILL ASSUME NO LIABILITY OR
RESPONSIBILITY FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY
NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR
SERVICES, (.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE
TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST
PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM ANY
ACCESS TO OR USE OF OUR SERVICES THE FOREGOING LIMITATION OF LIABILITY
SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE
JURISDICTION.
IN NO EVENT SHALL OUR OR OUR DIRECTORS, EMPLOYEES, OR AGENTS TOTAL
AGGREGATE LIABILITY ARISING FROM OR RELATING TO THE SERVICES, EXCEED
THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO US BY YOU WITH RESPECT TO
THE SERVICE UNDER WHICH SUCH LIABILITY AROSE
You agree to defend, indemnify, and hold us harmless, including our
subsidiaries, affiliates, and all of our respective officers, agents,
partners, and employees, from and against any loss, damage, liability,
claim, or demand, including reasonable attorneys’ fees and expenses,
made by any third party due to or arising out of:
1.breach of these Terms of Service;
2.our conduct or interactions with other users of the Services
3.any breach of your representations and warranties set forth in these
Terms of Service;
4.your violation of the rights of a third party, including but not
limited to intellectual property rights.
Notwithstanding the foregoing, we reserve the right, at your expense,
to assume the exclusive defense and control of any matter for which
you are required to indemnify us, and you agree to cooperate, at your
expense, with our defines of such claims. We will use reasonable
efforts to notify you of any such claim, action, or proceeding which
is subject to this indemnification upon becoming aware of it.
These Terms of Service and any policies or operating rules posted by
us on the Platform constitute the entire agreement and understanding
between you and us. Our failure to exercise or enforce any right or
provision of these Terms of Service shall not operate as a waiver of
such right or provision. These Terms of Service operate to the fullest
extent permissible by law.
We may assign any or all of our rights and obligations to others at
any time.
You agree that, except as otherwise expressly provided in the Terms of
Service, there shall be no third-party beneficiaries to the Terms of
Service.
We shall not be responsible or liable for any loss, damage, delay, or
failure to act caused by any cause beyond our reasonable control.
If any provision or part of a provision of these Terms of Service is
determined to be unlawful, void, or unenforceable, that provision or
part of the provision is deemed severable from these Terms of Service
and does not affect the validity and enforceability of any remaining
provisions.
There is no joint venture, partnership, employment or agency
relationship created between you and us as a result of these Terms of
Service or use of the Platform.
You agree that these Terms of Service will not be construed against us
by virtue of having drafted them.
Subject to applicable law, you hereby waive any and all defenses you
may have based on the electronic form of these Terms of Service and
the lack of signing by the parties hereto to execute these Terms of
Service.
In order to resolve a complaint regarding the Services or to receive
further information regarding use of the Services, please contact us
at
+91 8792352277
.