Terms and Conditions

Terms and Conditions

TERMS OF USE

 

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 TRAINME NOW Website/mobile application.

 

The domain name [.] (hereinafter referred to as “the Website/mobile application”) is owned by TRAINME, having its office at [.]  (hereinafter referred to as “TRAINME”).

 

Your use of the Website/mobile application and its services, the mobile version or application thereof, any software that will allow access to TRAINME Website/mobile application or its material and any other tools pertaining thereto will be governed by the following terms and conditions (“Terms of Use”) as applicable including policies which are incorporated herein by way of reference. If You transact on the Website/mobile application, You shall be subjected to the policies that are applicable to this Website/mobile application for such transactions. By merely clicking or browsing the Website/mobile application, you are consenting to be bound by the terms and conditions including the policies that constitute your binding obligations, with TRAINME. To withdraw your consent, You must terminate or logout from your account and stop using it.

 

The Terms of Use rule and govern our relationship with You. Although we have tried our best to strip the legalese from the Terms, there are places where these Terms may still read like a traditional contract. There’s a good reason for that: These Terms do indeed form a legally binding contract between You and TRAINME. Thus by using our Services, You have agreed to these terms and conditions. Please read them thoroughly before proceeding to use our services.

 

For the purpose of these Terms of Use, wherever the context so requires “You” or “User” Or “Member” shall mean any natural or legal person who has agreed to become a registered member of the Website/mobile application by providing Registration Data (as given below) while registering on the Website/mobile application as Registered User. The terms “We”, “Us”, “Our” shall mean TRAINME.

 

The following data shall be provided by the User/ Member at the time of registering on the Website/mobile application:

  1. Name
  2. Address
  3. Date of Birth (Age)
  4. Profession
  5. Gender
  6. Marital Status
  7. Mobile number
  8. Alternate Mobile number
  9. Email address
  10. Height
  11. Weight
  12. Body Mass Index (BMI)
  13. Blood group
  14. Specifications of allergies if any
  15. Eating habits
  16. Smoking or drinking habits
  17. Medical history (like BP, diabetes, heart problems, etc)
  18. Any major illness
  19. Drug intake
  20. Frequency of physical exercise
  21. Family doctor details

Please read through these Terms of Use carefully before you register or access the Website/mobile application. By registering or access the Website/mobile application you have agreed that you are able and legally competent to accept and agree to these terms and our Privacy Policy. You should cease from registering and access this Website/mobile application, if you don’t agree with these Terms of use.

 

When You use any of the services provided by Us through the Website/mobile application, You will be subjected 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 continuous use of the Website/mobile application following the posting of changes will mean that You have read, accepted and agreed 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/mobile application.

 

Many of our Services let You create, upload, send, receive, and store content. When You do that, you retain whatever ownership rights in that content you had to begin with. But You grant Us a license to use that content. This license is for the limited purpose of operating, developing, providing, promoting and improving the Services and researching and developing new ones. Because We allow the use of the result of our services on the Website/mobile application, it is inherently public and chronicle matters of public interest, the license you grant us for content submitted to those Services is broader. In addition to the rights You grant Us in connection with other Services, You also grant Us a perpetual license to create derivative works from, promote, exhibit, broadcast, syndicate, publicly perform, and publicly display content submitted in any form or methods (now known or later developed).

 

ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by TRAINME policies (including but not limited to Privacy Policy available at Privacy Policies) as amended from time to time.

 

MEMBERSHIP ELIGIBILITY

Use of the Website/mobile application 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/mobile application.

If you are a minor i.e. under the age of 18 years, You shall not register as a User of the Website/mobile application and shall not transact on or use the Website/mobile application. TRAINME reserves the right to terminate your membership and / or refuse to provide You with access to the Website/mobile application if it is brought to Our notice or if it is discovered that You are under the age of 18 years. Parents and Guardians are responsible for monitoring and supervision their kid access to TRAINME Website/mobile application and it is solely their responsibility to promptly contact us at [.] so that the access can be disabled.

 

YOUR ACCOUNT AND REGISTRATION OBLIGATIONS                                           

The services and any content viewed through/on our Website/mobile application are for your personal and non-commercial use only. During your TrainMe membership we grant you a limited, non-exclusive, non-transferable, license to access the TrainMe service. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the service this services for any other public than you.

If You use the Website/mobile application, You shall be responsible for maintaining the confidentiality of your Display Name, Password and account information and You shall be fully responsible for all activities that occur under your Display Name and Password. One way to do that is to select a strong password that You don’t use for any other account.
By using the Services, you agree that, in addition to exercising common sense:

  • You will not create more than one account for yourself.
  • You will be responsible for updating and maintaining the accuracy of the information you provide to us relating to your account.
  • You will not create another account if we have already disabled your account, unless you have our written permission to do so.
  • You will not buy, sell, rent, or lease access to your TRAINME’s account, username, or a friend link without our written permission.
  • You will not share your password.
  • You will not log in or attempt to access the Services through unauthorized third-party applications or clients.

If you think that someone has gained access to your account, please immediately reach out to Our Helpline Link which is [.].

If You provide any information that is untrue, inaccurate, not current or incomplete or We 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, We shall have the right to indefinitely suspend or terminate or block Your access to the Website/mobile application.

 

FEE PAYMENT TERMS

You will pay Our fees in accordance with the fee schedule which is mentioned on the Website/mobile application.

In the event the User has any grievances for the services provided by Us, he shall contact his trainer or any authoritative staff with regard to that.

COMMUNICATIONS

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

 

PLATFORM FOR TRANSACTION AND COMMUNICATION

The Website/mobile application is a platform that Users will utilize to join Us and avail of Our services.

Henceforward:

  1. All commercial/contractual terms are offered by and agreed to between the user and the other Website/mobile application or application alone. The commercial/contractual terms include without limitation price, payment methods, payment terms, date, period and warranties related to services. We do not have any control or do not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between them.

 

  1. The Website/mobile application is only a platform that can be utilized by Users to find the right kind of exercise schedule as per their profile and to connect with Us,.

 

  1. You release and indemnify TRAINME and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website/mobile application and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, TRAINME cannot take responsibility or control the information provided by other Users which is made available on the Website/mobile application. You may find other User’s information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and a safe use of the Website/mobile application.

 

 

PAYMENT TERMS:

TRAINME service is a paid auto-renewal subscription. If You purchase a subscription by accepting Free Trial offer [_days], you are agreeing to automatic billing at the end of the free period  and agree to pay the charges made to your account in connection therewith. You will be billed monthly until the Subscription is cancelled by You.

Membership will begin once you have completed the Free Trial sign -up process. You will be automatically billed each month after completion of your Free Trial. If You cancel your Free Trial at any time within [.] days, You will not be charged. It is to be noted that once We begin to bill you, cancellation can only be done at the end of your current month billing. We will not in any case be liable to refund or credit to your account the fee that is credited to our account; hence cancellation has to be done prior to the billing.

Membership on the Website/mobile application is chargeable at the rate decided by TRAINME., TRAINME reserves the right to change its Fee Policy from time to time. In particular, TRAINME may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website/mobile application. In such an event TRAINME reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be notified on the Website/mobile application and such changes shall automatically become effective immediately after they are posted on the Website/mobile application. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to TRAINME.

 

You should be aware that there are certain things that TRAINME will not take responsibility for. TRAINME cannot take responsibility for the Website/mobile application not working at full functionality if you don’t have access to internet/Wi-Fi.
If you’re using the Website/mobile application on any other electronic device like a tablet, etc. outside of an area with Wi-Fi, you should remember that your terms of agreement with your mobile network provider/ data network provider will start to apply. As a result, you may be charged by your mobile/ network provider for the cost of data for the duration of the connection while accessing the Website/mobile application, or other third party charges. In using the Website/mobile application outside of your home territory (i.e. region or country) without turning off data roaming on your mobile phone, you’re accepting responsibility for any such charges, including roaming data charges.

SERVICES:

TRAINME would provide health and fitness information, videos of fitness, strength, stretch routines, foundational moves, fitness information in the form of a series of workout sessions. There will be in total [.] number of workout sessions given in a month and a total of [.], out which [.] numbers would be in the presence of an instructor.

PROFESSIONAL ADVICE AND MEDICAL DISCLAIMER:
Since TRAINME, is an online portal that provides health and fitness information, videos of fitness, strength,  stretch routines, foundational moves, fitness information which involves a lot of physical activity in many forms not limited to cardiovascular exercises, weight lifting, stretching, walking and running and use of equipments, etc. As the techniques used are very simple and proven fitness techniques You are urged to consult your physician or other health care Practitioner before beginning any physical exercise, regime, routine or program shown on the Website/mobile application.  This is particularly true if you or your family have a history of High Blood Pressure, Heart Ailment, Diabetes, etc; or if you have ever experienced discomfort while exercising or for people with  mental and physical limitations or health issues. By using the Website/mobile application, You represent that You understand that the practice of these physical exercises, regimes, routines or programmes, movement carries inherent risk of injury whether physical or mental. Hence You will have to select appropriate programmes that suits your body. From time to time new moves, physical adjustments and modifications or use of equipments will be suggested by the instructor and You will be solely responsible to determine if such suggested moves, physical adjustments, modification or use of equipments will suit You. You expressly with full knowledge waive and release TRAINME and its representatives from any kind of injury or physical damage, property damage etc. that You may face due to practice of any form of fitness moves shown or suggested by TRAINME.

You should not reply on any information provided by TRAINME as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. If You have any concern or query about your health, You should always consult a physician or other health-care professional. Disregard or delay in obtaining medical or health related from a health care Professional will be solely at your own risk. TRAINME provides fitness related information is communicated to the Members through varied means by instructors. The said instructors are selected on the basis of their experience in the fitness field along with their experience at reputable fitness institution or gym, these instructors may occasionally answer incidental nutritional questions based on their personal experience but the same should not be construed as an Expert Advice.

It is required to be noted that TRAINME does not support or promote use of any performance enhancing drugs. Though We may advice you for the use of supplements, such as protein shakes, protein diet, etc or any other medically prescribed drug along with your physician IF NECESSARY.

MEMBERS REPRESENATIONS AND WARRANTIES:

 

  1. That he/she can enter into a valid Agreement with Us;
  2. Member is medically fit and can use Our Services;
  3. Member is not being prescribed life saving drugs and medicines.
  4. Member has not hidden any information regarding his health from Us.

 

 

USE OF THE WEBSITE

You agree, undertake and confirm that Your use of Website/mobile application shall be strictly governed by the following binding principles:

  1. You shall not host, display, upload, modify, publish, transmit, update or share any         information which:
    1. belongs to another person and to which You does not have any right to;
    2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling,          or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully       harassing including but not limited to “indecent representation of women” within the         meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
    3. is misleading in any way;
    4. is patently offensive to the online community, such as sexually explicit content, or      content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical            harm of any kind against any group or individual;
    5. harasses or advocates harassment of another person;
    6. involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing    or “spamming”;
    7. promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
    8. infringes upon or violates any third party’s rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized             disclosure of a person’s name, email address, physical address or phone number) or rights of publicity];
    9. promotes an illegal or unauthorized copy of another person’s copyrighted work , such as             providing pirated computer programs or links to them, providing information to          circumvent manufacture-installed copy-protect devices etc.;
    10. contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
    11. provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from      anyone;
    12. provides instructional information about illegal activities such as violating someone’s        privacy, or providing or creating computer viruses;
    13. contains video, photographs, or images of another person (with a minor or an adult).
    14. tries to gain unauthorized access or exceeds the scope of authorized access to the Website/mobile application or to profiles, communities, account information, bulletins, or   other areas of the         Website/mobile application or solicits passwords or personal identifying information for commercial or      unlawful purposes from other users;
    15. interferes with another USER’s use of the Website/mobile application or any other individual’s User for similar services;
    16. refers to any other Website/mobile application or URL that, in Our sole discretion, contains material that is inappropriate for the Website/mobile application, contains content that would be prohibited or violates the             letter or spirit of these Terms of Use.
    17. harm minors in any way;
    18. infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be   fraudulent or involve the sale             of counterfeit or stolen products;
    19. violates any law for the time being in force;
    20. deceives or misleads the addressee/ users about the origin of such messages or     communicates any information which is grossly offensive or menacing in nature;
    21. impersonate another person;
    22. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any             trojan horses, worms, time bombs, cancel bots, easter eggs or other computer    programming routines that may damage, detrimentally interfere with, diminish value of,          surreptitiously intercept or expropriate any system, data or personal information;
    23. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any          cognizable offence or prevents investigation of any offence or is insulting any other
    24. shall not be false, inaccurate or misleading;
    25. shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any      manner under the provisions   of any applicable law, rule, regulation or guideline for the time being in force.
    26. shall not create liability for Us or cause Us to lose (in whole or in part) the services of             Our internet service provider (“ISPs”) or other suppliers;

 

  1. You shall not use any “deep-link”, “page-scrape”, “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 Website/mobile application or any Content, or in any way reproduce or circumvent the navigational     structure or presentation of the Website/mobile application or any Content, to obtain or attempt             to obtain any materials, documents or information through any means not   purposely,        made  available through the Website/mobile application. We reserve Our right to bar any such activity.

 

  1. You shall not attempt to gain unauthorized access to any portion or feature of the Website/mobile application, or any other systems or networks connected to the Website/mobile application or to any server, computer, network, or to any of the services offered on or through the Website/mobile application, by             hacking, password “mining” or any other illegitimate means.

 

  1. You shall not probe, scan or test the vulnerability of the Website/mobile application or any network connected to the Website/mobile application nor breach the security or        authentication measures on the             Website/mobile application or any network connected to the Website/mobile application. You may not reverse look-up, trace or          seek to trace any information on any other User of or visitor of the Website/mobile application, including any account on the Website/mobile application not owned by You, to its source, or exploit the             Website/mobile application or any service or information made available or offered by or through the             Website/mobile application, in any way where the purpose is to reveal any information, including but not             limited to personal identification or    information, other than Your own information,         as provided for by the Website/mobile application.

 

  1. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the terms TRAIN          ME NOW, or otherwise engage in any conduct or action that might tarnish the image          or reputation, of TRAINME on platform or otherwise tarnish or dilute any        TRAINME’s trade or             service marks, trade name and/or goodwill associated with   such trade or         service marks, trade name as may be owned or used by Us. You agree that             You will not take any action that imposes an unreasonable or disproportionately large        load on the infrastructure of the Website/mobile application or TRAIN             ME NOW’s systems or networks, or any systems or networks connected to TRAINME.

 

  1. You agree not to use any device, software or routine to interfere or attempt to interfere     with the proper working of the Website/mobile application or any transaction being conducted on the         Website/mobile application, or with any other person’s use of the Website/mobile application.

 

  1. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or             through the Website/mobile application or any          service offered on or through the Website/mobile application. You may not pretend that You are, or that             You represent, someone else, or impersonate any other individual or entity.

 

  1. You may not use the Website/mobile application or any 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 TRAINME and / or others.

 

  1. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as      applicable and as amended     from time to time and also all applicable Domestic laws, rules and regulations (including        the provisions of any   applicable Exchange Control Laws or Regulations in Force) and       International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations             (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central   Excise, Custom Duty, Local Levies) regarding your use of Our service and Your listing,      purchase, solicitation of offers to purchase, and sale of products or services. You shall not      engage in any transaction in an item or service, which is prohibited by the provisions   of any applicable law including exchange control laws or regulations for the time being             in force.

 

  1. Solely to enable Us to use the information You supply Us with, so that we are not             violating any rights You might have in Your Information, You agree to grant Us a    non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub- licensable (through multiple tiers) right to exercise the copyright,     publicity, database             rights or any other rights You have in Your Information, in any media now known            or not currently known, with respect to Your Information. We will only use Your    information in accordance with the Terms of Use and Privacy Policy applicable to use   of the Website/mobile application.

 

  1. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website/mobile application) as necessary to satisfy any law, regulation or valid       governmental request. This may include, without limitation, disclosure of   the       information in connection with investigation of alleged illegal activity or            solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We       can (and You hereby expressly authorize Us to) disclose any information about You           to law enforcement or other government officials, as we, in Our sole             discretion, believe necessary or appropriate in connection with the investigation     and/or resolution of possible crimes,           especially those that may involve personal injury.

 

  1. We reserve the right, but have no obligation, to monitor the materials posted on the Website/mobile application. TRAINME shall have the right to remove or edit any content that in   its sole discretion violates, or is alleged to violate, any applicable law or either           the spirit or letter of these Terms of Use. Notwithstanding this right, YOU      REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS     YOU UPLOAD ON THE WEBSITE. Please be advised that such content posted does not necessarily reflect TRAINME’s views. In no event shall TRAINME     assume or have any responsibility or liability for any Content posted or for any claims,         damages or losses resulting from use of Content and/or appearance of Content on the             Website/mobile application. You hereby represent and warrant that You have all necessary rights in and to             all Content which You provide and all information it contains and that such Content shall             not infringe any proprietary or other rights of third parties or contain any libellous,         tortuous, or otherwise unlawful information.

 

  1. Your correspondence or business dealings with, or participation in promotions of,             advertisers found on or through the Website/mobile application, and any other            terms, conditions, warranties or representations associated with such dealings, are solely between You and such      We shall not be responsible or liable for any loss or damage of any sort      incurred as the result   of any such dealings or as the result of the presence of such            advertisers on the Website/mobile application.

 

  1. It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Website/mobile application and that You may be involuntarily             exposed to such offensive and obscene materials. It also is possible for others to obtain        personal information about You due to your use of the Website/mobile application in case You are logged on, and that the recipient may use such information to harass or injure You. We do not         approve of such unauthorized uses, but by using the             Website/mobile application You acknowledge and agree      that We are not responsible for the use of any personal information that You            publicly disclose or share with others on the Website/mobile application. Please carefully select the type of      information that You publicly disclose or share on the Website/mobile application.

 

  1. TRAINME shall have all the rights to take necessary action and claim damages that   may occur due to your involvement/participation in any way on your own       or through group/s of people, intentionally or unintentionally in        DoS/DDoS (Distributed Denial of Services).

 

CONTENTS POSTED ON WEBSITE

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, “Content”), is Our own generated content and TRAINME has control over such generated content.

Contents on the Website/mobile application will be provided to You for Your information and personal use only Except as expressly provided in these Terms of Use, no part of the Website/mobile application and no Content may  be  downloaded, copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated,  distributed, , broadcast, solid, licensed or otherwise exploited in any way (including ”mirroring”) to any other computer, server, Website/mobile application or other medium  for publication or distribution or for any commercial enterprise, without TRAINME’s express prior written consent.

 

You may use information on the products and services purposely made available on the Website/mobile application for downloading, provided that You (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.

 

You shall be responsible for any notes, messages, emails, photos,  profiles, opinions, ideas, images, audio files or other materials or information posted or transmitted to the Website/mobile application (collectively, “Content”). Such Content will become Our property and You grant Us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide. You agree that any Content You post may be used by us, consistent with Our Privacy Policy and Rules of Conduct on the Website/mobile application as mentioned herein, and You are not entitled to any payment or other compensation for such use.

 

PROFANITY POLICY

TRAINME prohibits the use of language that is racist, hateful, sexual or obscene in nature in a public area.

 

This policy extends to text within listings, on individual account pages and all other areas of the Website/mobile application that another User may view. If the profane words are part of a title, we allow to ‘blur’ out the bulk of the offending word with asterisks (i.e., s*** or f***).

 

Please report any violations of this policy to the correct area for review:

  • Report offensive Display Names
  • Report offensive language in a listing or otherwise

 

If a feedback comment; or any communication made by the Users on the Website/mobile application; or email communication by Users on contain profanity, please review Our feedback removal policy and submit a request for action/removal.

 

Disciplinary action may result in the indefinite suspension of a User’s account, temporary suspension, or a formal warning.

 

TRAINME will consider the circumstances of an alleged policy violation and the user’s trading records before taking action.

Violations of this policy may result in a range of actions, including:

  1. Limits placed on account privileges;
  2. Loss of special status;
  3. Account suspension.

 

EMAIL ABUSE & THREAT POLICY

Private communication, including email correspondence, chats is regulated by TRAINME. TRAINME encourage its Users to be professional, courteous and respectful when communicating by email.

 

However, TRAINME will investigate and can take action on certain types of unwanted emails that violate TRAINME policies.

 

Such instances:

Misuse of TRAINME System – TRAINME allows Users to facilitate various services provided by TRAINME’s system, but will investigate any misuse of this service.

 

Spoof (Fake) email – TRAINME will never ask you to provide sensitive information through email. In case you receive any spoof (fake) email, you are requested to report the same to Us through ‘Contact Us’ tab.

 

Spam (Unsolicited Commercial email) – TRAINME’s spam policy applies only to unsolicited commercial messages sent by TRAINME Users. TRAINME Users are not allowed to send spam messages to other Users.

Violations of this policy may result in a range of actions, including:

  • Limits on account privileges;
  • Account suspension;
  • Loss of special status.

 

PRIVACY

We view protection of Your privacy as a very important principle. We understand clearly that You and Your Personal Information is one of Our most important assets. We store and process Your Information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under. Our current Privacy Policy is available at  the Privacy Policies Section. If You object to Your Information being transferred or used in this way please do not use the Website/mobile application.

 

We may share personal information with our other corporate entities and affiliates. These entities and affiliates may market to you as a result of such sharing unless you explicitly opt-out.

We may disclose personal information to third parties. This disclosure may be required for us to provide you access to our Services, to comply with our legal obligations, to enforce our User Agreement, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services. We do not disclose your personal information to third parties for their marketing and advertising purposes without your explicit consent.

 

We may disclose personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. We may disclose personal information to law enforcement offices, third party rights owners, or others in the good faith belief that such disclosure is reasonably necessary to: enforce our Terms or Privacy Policy; respond to claims that an advertisement, posting or other content violates the rights of a third party; or protect the rights, property or personal safety of our users or the general public.

 

Should we (or our assets) plan to merge with another business entity, we and our affiliates will share / sell some or all of your personal information, or be acquired by that business entity, or re-organization, amalgamation, restructuring of business. Should such a transaction occur that other business entity (or the new combined entity) will be required to follow this privacy policy with respect to your personal information.

 

COOKIE POLICY

  • What is cookies?

Cookies do lots of different jobs, like letting you navigate between pages efficiently, remembering your preferences, and generally improving your user experience. They can also help to ensure that adverts you see online are more relevant to you and your interests. Cookies in themselves do not identify the individual user, just the computer or mobile device you are using via a randomly generated identifying tag.

  • How they are used by TRAINME?

To make full use of TRAINME, your tablet or mobile phone or computer will need to accept Cookies. TRAINME uses Cookies to give you a better experience. For example TRAINME uses Cookies in the following ways:

  • To record information such as aspects of your body measurements to make subsequent searches and also to enable us to tailor TRAINME to your preferences.
  • To measure the effectiveness of our advertising and how visitors use OUR Website/mobile application.

 

You can view a comprehensive list of the Cookies used on TRAINME in [TRAINME COOKIE LIST] which provides more information on the Cookies we use and why we use them.

 

The various cookies used by TRAINME are :

Strictly Necessary Cookies: These Cookies enable services you have specifically asked for.

Performance Cookies: These Cookies collect anonymous information on the pages visited.

Functionality Cookie: These Cookies remember choices you make to improve your experience.

Targeting/Advertising Cookies: These Cookies use information about your browsing in order to make advertising more relevant to you and your travel needs.

➢    How to manage or opt-out of cookies

If you’d prefer to restrict, block or delete Cookies from TRAINME, you can use your browser to do this.

WARRANTY DISCLAIMER

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, TRAINME, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. TRAINME MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SERVICE’S CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE THROUGH THE ACTIONS OF ANY THIRD PARTY, (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA TRAINME SERVICE. TRAINME DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE TRAINME SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED OR OTHER ADVERTISING, AND TRAINME WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS FOR THE SERVICES AND/OR (VI) TRAINME DOES NOT VOUCH OR PROMOTE ANY BRAND, PRODUCT OR PERSONAL IN SPECIFIC AS TO BE ASSOCIATED OR AFFILIATED AND IF ANY CONTENT OR MENTION IS DONE OF AN ANY BRAND, PRODUCT OR PERSON IN GENERAL OR OTHERWISE, THE SAME NOT BE CONSTRUED AS PROMOTING

 

LIMITATION OF LIABILITY

By viewing this Website/mobile application you hereby release TRAINME its officers, directors, agents, and employees from all claims, demands, and damages of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way, connected with any disputes arising between you and any third-party. We shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, theft of any kind, good-will, or other intangible losses, resulting from conduct or content of any third party on the products, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties and unauthorized access, use or alteration of your transmissions or content. TRAINME shall not be liable for any Negligence on your part.

TRAINME and its affiliates total liability shall not exceed the amounts paid by you to TRAINME over a period of 12 (Twelve) months preceding your claim(s).

 

By using TRAINME services you agree to the following disclaimer: The contents of the Website/mobile application or any information provided by or through the Website/mobile application are for informational purposes only. TRAINME disclaims any liability for any information that may have become outdated at the time of provision of information or since the last time the particular piece of information was updated. TRAINME reserves the right to make changes and corrections to any part of the content of this Website/mobile application at any time without prior notice. Unless stated otherwise, all pictures and information contained on this Website/mobile application are believed to be in the public domain as either promotional materials, publicity photos, photo shoot rejects or press media stock. Please email at in order to provide a Takedown Request if you are the copyright owner of any content on this Website/mobile application and you think the use of the above material violates the your copyright in any way.

 

COMPLIANCE WITH LAWS:

The User shall comply with all the applicable laws, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made thereunder,  Income Tax Act, 1961 and the rules made there under, and any there law applicable to them respectively for using the TRAINME’s Website/mobile application/ ____(web link).

 

INDEMNITY

You shall indemnify and hold harmless TRAINME, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of (1) Your breach of this Terms of Use, privacy Policy and other Policies, (2) Your violation of any law, rules or regulations or (3) the rights (including infringement of intellectual property rights) of a third party. (

 

APPLICABLE LAW

Terms of Use shall be governed by and interpreted and construed in accordance with Indian Laws. The place of jurisdiction shall be exclusively in Mumbai.

 

INTELLECTUAL PROPERTY RIGHTS

This site is controlled and operated by TRAINME. All material on this Website/mobile application, including images, chats, emails, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on the Website/mobile application is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other Website/mobile application or app or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause. You may not add, delete, distort or otherwise modify the Content, any unauthorized attempt to modify any Content, to defeat or circumvent our security features, or to utilize the Website/mobile application or any part of thereof for any purpose personal or non-commercial use is strictly prohibited.

 

TRADEMARK COMPLAINT

TRAINME values its own intellectual property. In case You find that Our Trademark has been infringed, You can write to US at [EMAIL ID ]

 

SERVICE DESCRIPTION

TRAINME we do not warrant that the service description or other content of this Website/mobile application is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.

 

THIRD PARTY MATERIAL

These Terms of Use apply to all users of TRAINME Service. Information provided by our users through TRAINME Service may contain links to third party Website/mobile applications that are not owned or controlled by TRAINME. TRAINME has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party Website/mobile applications. In addition, TRAINME will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly acknowledge and agree that TRAINME shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party Website/mobile application.

 

 

 

OBJECTIONABLE MATERIAL

You understand that by using the Service, you may encounter material that you may deem to be offensive, indecent, or objectionable, and that such content may or may not be identified as having explicit material. Nevertheless, you agree to use the Service at your sole risk and that TRAINME shall have no liability to you for material that may be found to be offensive, indecent, or objectionable.

TERMINATION

If you fail, or TRAINME suspects that you have failed, to comply with any of the provisions of this Agreement, TRAINME, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) terminate the license to the software; and/or (iii) preclude access to the Service (or any part thereof).

TRAINME reserves the right to modify, suspend, or discontinue the Service (or any part or content thereof) at any time with or without notice to you, and TRAINME will not be liable to you or to any third party should it exercise such rights.

ARBITRATION, CLASS WAIVER, AND JURY WAIVER

Please read the following paragraphs carefully because they require you to arbitrate disputes with TrainMe, and limit the manner in which you can seek relief from us.

  1. Applicability of Arbitration Agreement. All claims and disputes arising out of or relating to these Terms or the use of the Services that cannot be resolved in small claims court will be resolved by binding arbitration on an individual basis, except that you and TRAINME are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.
  2. Arbitration Rules. The Arbitration will be conducted by a sole Arbitrator and will be appointed by the parties jointly by mutual agreement. The place of Arbitration shall be Mumbai and the language shall be in English.
  3. Additional Rules for Non-appearance Arbitration. If non-appearance arbitration is elected, the arbitration will be conducted by telephone, online, written submissions, or any combination of the three; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless the parties mutually agree otherwise.
  4. Authority of the Arbitrator. The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and TRAINME. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and TRAINME.
  5. Waiver of Jury Trial. YOU AND TRAINME WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE. You and TRAINME are instead electing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court.
  6. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE MEMBER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER MEMBER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in this Clause.
  7. No part of the procedures will be open to the public or the media. All evidence discovered or submitted at the hearing is confidential and may not be disclosed, except by written agreement of the parties, pursuant to court order, or unless required by law. Notwithstanding the foregoing, no party will be prevented from submitting to a court of law any information needed to enforce this arbitration agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
  8. Right to Waive. Any rights and limitations set forth in this arbitration agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this arbitration agreement.
  9. Opt-out. You may opt out of this arbitration agreement. If you do so, neither you nor TRAINME can force the other to arbitrate. To opt out, you must notify TRAINME in writing no later than 7 days after first becoming subject to this arbitration agreement. Your notice must include your name and address, your TRAINME username and the email address you used to set up your TRAINME account (if you have one), and an unequivocal statement that you want to opt-out of this arbitration agreement. You must send your opt-out notice to our address as stated in our CONTACT US.
  10. Small Claims Court. Notwithstanding the foregoing, either you or TRAINME may bring an individual action in small claims court.
  11. Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with TRAINME.

 

ASSIGNMENT

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by TRAINME without restriction.

ENTIRE AGREEMENT

These terms and conditions, together with its Privacy Policy constitute the entire agreement between you and in relation to your use of the Website/mobile application, and supersede all previous agreements in respect of your use of TRAINME.

CONTACT US

Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Website/mobile application.

 

GRIEVANCE OFFICER

In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:

[ADDRESS]

Phone: [.]

Email:[.]

Time: [.]