Terms and Conditions

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended 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.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of https://activeclub.in website.

The domain name https://activeclub.in (hereinafter referred to as "Website") is owned by Company, a company incorporated under the Companies Act, 1956 with its registered office at SPORTZ VILLAGE - Brigade Manae Court No 111, Koramangala, Bangalore, India - 560095 (hereafter, referred to as Company).

Your use of the Website and services and tools are governed by the following terms and conditions ("Terms of Use") as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If You transact on the Website, You shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, You shall be contracting with M/s S V EduSports Pvt Ltd and these terms and conditions including the policies constitute Your binding obligations, with the Company.

For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a buyer on the Website by providing Registration Data while registering on the Website as Registered User using the computer systems. Company allows the User to surf the Website or making purchases without registering on the Website. The term "We", "Us", "Our" shall mean any person or persons representing the Company.

When You use any of the services provided by Us through the Website, including but not limited to, (e.g. Service Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates/changes. Your continued use of the Website following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

Services available on the Website (herein after referred to as “Services”) include but are not limited to Live interactive sessions and / or recorded sessions on fitness and sports.

The Company shall facilitate the Services independently (including account creation and management, management of various services purchased / booked on the Website, payment and transaction summary generation services etc) to You by allowing You to register and access the Website on the terms and conditions set forth below.

The charges for the Services indicated on the Website will be as determined by the Company and is excluding taxes and other applicable charges as mentioned on the Website. The charges and Services may change at the Company’s sole discretion and the Company 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.

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

Specific Terms and Conditions to avail the Services

Membership Eligibility

Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If You are a minor i.e. under the age of 18 years, You shall not register as a User of the Company website and shall not transact on or use the website. As a minor if You wish to use or transact on website, such use or transaction may be made by Your legal guardian or parents on the Website. Company reserves the right to terminate Your membership and/or refuse to provide You with access to the Website if it is brought to Company's notice or if it is discovered that You are under the age of 18 years.

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

You shall not have more than one active Account (as defined hereinafter) on the Website. 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 on the Website.

Account and Registration Obligations

In order to avail the Services on the Website, You will have to register on the Website by providing details about Yourself, including Your name, address, contact details and such other details as may be required on the Website and create an account.

You shall be responsible for maintaining the confidentiality of your display name and password and You shall be responsible for all activities that occur under your display name and password. If there is any change in the account information, You shall promptly update Your account information on the Website.

You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or not in accordance with the this Terms of Use, the Company have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, the Company shall have the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse to provide You with access to the Website.

Communications

When You use the Website or send emails or other data, information or communication to the Company, You agree and understand that You are communicating with the Company through electronic records and You consent to receive communications via electronic records from the Company periodically and as and when required. The Company may communicate with you by email or by such other mode of communication, electronic or otherwise.

Payment

All payments in respect of the Services listed on the Website shall be made to the Company through the Website. 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. It shall be deemed that You have specifically authorized the Company or its service providers to collect, process, facilitate and remit payments and / or the Transaction Price electronically or through Cash on Delivery to and from other Users in respect of transactions through payment facility.

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 Website 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 Website. The payment receipt and transaction summary shall be sent to your registered email address.

Except to the extent otherwise required by applicable law, the Company is not liable for any payments authorized through the Website 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 interference from an outside force) prevent the execution of the transaction.

All payments made against the purchases/services on Website by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website.

Before delivering your order to you, the Company may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to Our Users.

You understand, accept and agree that the payment facility provided by the Company is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, collection and remittance facility for the Transactions on the Company Website using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing payment facility, the Company is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price.