With Effect From August 5, 2023
This website under the name and style www.levelup.ind.in (the “Platform”) is owned, operated and made available by Level Up Classical Pilates Private Limited, with its office at #35, Raja Sabha, Kasturba Cross Road, Off Lavelle Road, Bangalore-560001, India (hereinafter, referred to as “Level Up”, “we”, “us” and/or “our”, each of which term shall include our assignees and/or successors-in-interest as determined by us at our sole discretion).
This is a legal agreement between you (the person viewing, using or accessing the Platform and hereinafter, referred to as “you”, or “User” as per the context) and us.
Level Up is engaged in the business of providing certain fitness and well-being services, with a specific focus on pilates and related activities, to its individual customers. In this regard, Level Up has created a tech platform which is primarily intended to enable provision of live pilates classes and a repository of knowledge and videos relating to pilates and to facilitate access to licensed nutritionists, psychologists and therapists, and other related products and services which may be specified by Level Up from time to time (“Service(s)”).
These Terms set forth the legally binding terms and conditions for your use of the Platform, any sub-domains and any other services, features, content or widgets available through the Platform or sub-domains and the Services.
In addition, Level Up permits certain third-party service providers to offer certain products and services to Users on the Platform, and further permits them to use their own cookies or similar technologies on the User’s device to provide such services. Users may, at their sole risk and expense, elect to avail such third-party services. Third party services are provided solely by the applicable third-party service providers and pursuant to separate arrangements between the Users and such third-party service providers. The third-party service providers’ terms and conditions will control the relevant third-party services.
APPLICABILITY AND AMENDMENT OF TERMS
Your use of the Platform or the Services will signify your acceptance of the Agreement and your agreement to be legally bound by the same. If you do not agree to or wish to be bound by the terms of the Agreement, you may not access or otherwise use the Platform.
Nothing in the Agreement should be construed to confer any rights to third party beneficiaries.
REGISTRATION AND ACCESS
The User can obtain information about Level Up, its products, packages and services, purchase such products and packages made available by Level Up, subscribe to Services offered by Level Up and/or manage their purchased subscription, through the Platform.
If you wish to use the Platform and avail the Services, you will have to register on the Platform and become a registered User.
All Users will have to register on the Platform and at the time of registration, all Users will have to provide certain personal information such as his/her name, age, contact details, e-mail, call back preference time and any other specific information in relation to the Services. Following this, an exclusive account with a username and password will be created for each User (“Account”). Note that registration is only a one-time process and if you have previously registered on the Platform, you may login into your Account using the same credentials as provided by you during the initial registration process.
You are responsible for maintaining the confidentiality of your Account on the Platform, and for restricting access to your computer or mobile or other similar device to prevent unauthorized access to your Account. We request you to safeguard your password and your Account and make sure that others do not have access to it. It is your responsibility to keep your Account information current and accurate. You agree to (a) immediately notify Level Up of any unauthorized use of your Account information or any other breach of security, and (b) ensure that you exit from your Account at the end of each session. Level Up cannot and will not be liable for any loss or damage arising from your failure to comply with these conditions. You will be held liable for losses incurred by Level Up, Platform or any other User of the Platform due to authorized or unauthorized use of your Account, as a result of your failure in keeping your Account information secure and confidential.
You are granted the right to utilize the Platform and its associated Services strictly for personal use, as outlined in these Terms. This grant of right does not extend to any commercial use of the Platform and its Services.
Receiving SMS/ E mails: You understand that once you register as a User on the Platform, you may receive SMS messages or e-mails from Level Up on your registered mobile number/email. These emails/SMS messages could relate to your registration, information about the Platform or Services, transactions that you carry out through the Platform and promotions that are undertaken by Level Up. Please note that Level Up will send these SMS messages only to the registered mobile number or such other number that you may designate for any particular transaction. It is your responsibility to ensure that you provide the correct number for the transactions that you wish to enter into. Further, Level Up may also send notifications and reminders to you with respect to the Services availed by you. Please note that while Level Up endeavors to provide these notifications and reminders to you promptly, Level Up does not provide any guarantee and shall not be held liable or responsible for the failure to send such notifications or reminders to you.
We reserve the right to refuse your access to the Platform and/or Services, to terminate accounts, remove or edit content at our discretion.
We will try to make the Platform error-free. Your access to the Platform may be occasionally suspended or restricted to allow for repairs, maintenance, or for introduction of new facilities or services. However, we do not take responsibility or liability for internet related issues, howsoever caused.
SUBSCRIPTION TO SERVICES
If you wish to avail any of the Services offered by Level Up on the Platform, you may subscribe to such Services. Upon subscription and subject to payment of the subscription fee (as may be specified), such Services will be offered to you. By subscribing to such Services, you agree that you are appointing Level Up to provide the Services to you on the terms of the Agreement and any other terms as may be notified to you from time to time.
Payments, Refund and Cancellation: Our Subscription Terms outline the specific terms and conditions related to payments, subscriptions, any associated fees including but not limited to billing cycles, payment methods, and other subscription-related information (“Payment Terms”) and refund and cancellation of Services (“Refund and Cancellation”). For a comprehensive understanding of such terms, please refer to our Subscription Terms. You confirm that you have read, fully understand and accept the Subscription Terms in respect of the Payment Terms and Refund and Cancellation when you subscribe to avail any Services.
In order to subscribe to the Services, you may have to log in through your Account and provide detailed information including but not limited to age, height, weight, occupation, name of your primary healthcare provider, location, data relating to your diet, activity levels, exercise, medical reports, medical history, any underlying medical conditions, stress and other physical, physiological and mental health condition which will enable efficient provision of Services by Level Up.
The subscription and Services are non-transferable i.e., only the person on whose name the subscription is made will be eligible to avail the Services through the Platform.
Prior to providing the Services to you, we may request you to provide supporting documents (including address proof or subscription fee payment transaction details) 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.
There will be several services listed on the Platform and your offer for purchase of Level Up’s Services shall be subject to the Agreement. We reserve the right to accept or reject your offer in part or in full, with or without any reason whatsoever. The acceptance of your offer to avail the Services will take place upon the provision of the Services availed by you irrespective of whether any payment is received in this regard. No act or omission prior to the actual provision of Services to you will constitute acceptance of your offer.
Level Up offers the following Services on the Platform:
Live Pilates Classes and Lessons – Level Up offers live online pilates classes and lessons (“Live Classes”) to subscribers. Such Live Classes include various options, including private lessons for personalized one-on-one sessions and joint sessions for both entry level or advanced training. Level Up provides guidance on various health and fitness related areas while utilizing the full range of pilates equipment.
Video and Information Repository - Within our Platform, Users have access to an extensive collection of instructional videos, tutorials, and educational resources designed to enhance their pilates practice and promote holistic wellness. Our repository covers various pilates techniques, exercises for different fitness levels, specialized workouts, guidance on incorporating pilates into a healthy lifestyle, and insights into overall well-being, such as mindfulness, nutrition, and self-care practices.
Access to licensed nutritionist, psychologists and therapists - In order to provide you with holistic care, Level Up offers a panel of licensed nutritionists, psychologists and therapists (referred to as “Experts”) to you. The Experts will guide you and provide advice on health, nutrition, physical and mental wellbeing. Such Experts may be registered medical practitioners, nutritionists, dieticians, physical trainers, physiotherapists, psychologists, counsellors or other registered healthcare providers.
Everyone’s condition and abilities are different and participating in our Services including participating in Live Classes and accessing the repository of videos and information, is at your own risk. If you choose to participate in these activities, you do so of your own free will and accord, knowingly and voluntarily assuming all risks associated with it. Participating in live pilates classes, practicing the pilates sessions recorded on the video and participating in the Services may pose certain risks and we strongly recommend that you consult with your primary healthcare provider before you avail the Services.
The Experts, who may be third-party consultants or third-party partners, of Level Up, shall be accessible to you through the Platform or through in-person consultations. You shall have the sole discretion and ability to interact with and engage such Expert listed on the Platform. Upon your interaction with such Experts, we assume that you, upon your sole discretion, have engaged such Expert based on the specific health concern you face, and expertise of the Expert. Please note that the Experts may provide you with content, information, advice, suggestions, guidance, and other material relating to pilates, diet, lifestyle, exercise, or diseases, as may be requested by you, or relevant to you, as part of the Services. Though Level Up facilitates subscribers and Users to connect with Experts, Level Up is not a medical institution, healthcare institution, or pharmaceutical company. Level Up shall not be responsible for any breach of Service or deficiency in Service by any Expert.
While the Experts provide guidance in respect of diet and lifestyle choices, we would strongly urge you to reach out to your primary healthcare provider for any specific health related concerns. It is hereby expressly clarified that Level Up makes no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided by the Experts. In no event shall Level Up be liable to you or anyone else for any decision made or action taken by you in reliance on the content, information, advice, suggestions, guidance, and other material provided by the Experts.
Third Party Content:
We may, from time to time, as part of the Services, engage third parties to create videos, podcasts, content, and other materials related to pilates, workouts, exercise, health, fitness and well-being (“Third Party Content”). The Platform may, from time to time, also contain such Third Party Content made available by Experts.
We reserve the right to immediately remove, without prior notice to the Users.
You understand that Third Party Content are the responsibility of the third party (or the Experts) that creates or provides it and acknowledge that use of such Third Party Content is solely at your own risk. We make no representations and exclude all warranties and liabilities arising out of or pertaining to such Third Party Content, including its safety, accuracy, or completeness.
LIVE CLASS AND CALL RECORDING
Level Up reserves the right to record any of the Live Classes and/or telephonic conversations between you and Level Up, its affiliates and its or their directors, consultants, employees, agents, partners, third party service providers, licensors or content providers (including Experts, telesales executives, customer support, customer experience executives and executives). You hereby agree that Level Up will be permitted to record all Live Classes and telephonic conversations with you, irrespective of whether you are intimated of such recording during the course of such telephonic conversation or Live Class.
All Live Classes and telephonic conversations specified above may also be recorded for audit purposes, internal training, and quality control purposes.
The Platform allows you to access, view and subscribe to various content including videos, audio (which includes podcasts), graphics, photos, information, text (such as journals, blogs, comments and scripts), interactive features, software, webinars, seminars, classes, courses and other materials related to Pilates, workouts, exercise, health, fitness and well-being (collectively, "Content”).
We grant you a limited, non-exclusive and revocable license to access and make personal use of the Content in the Platform. However, all Content including information, and material contained in the Platform are and continue to be Level Up’s exclusive intellectual property. Further, all trademarks, services marks, trade names and trade secrets in relation to the Platform and the Services, whether or not displayed on the Platform, are proprietary to Level Up. No information, Content or material from the Platform may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without our express written permission. Any unauthorised use terminates the permission or license granted by us in terms of the Agreement.
You expressly understand and agree that:
The Content (including any information, content and materials on the Platform) and any Third Party Content (if made available) on the Platform and/or Service is provided on an “as is” and “as available” basis. Level Up and all its affiliates and its and their officers, employees, agents, consultants, personnel and partners disclaim all warranties of any kind, either express or implied, including but not limited to, implied warranties on merchantability, fitness for a particular purpose and non-infringement;
Level Up does not warrant that the functions contained in any Content, Third Party Content, information and materials on the Platform, including, without limitation any third-party sites or services linked to the Platform and/or that the Service will be uninterrupted, timely or error-free, that the defects will be rectified, or that the Platform or the servers that make such Content, Third Party Content, information and materials available are free of viruses or other harmful components;
The Content, Third Party Content and any material on the Platform are not medical advice and do not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition;
Any material downloaded or otherwise obtained through the Platform are accessed at your own risk, and you will be solely responsible for any damage or loss of data that results from such download to your mobile phones or computer systems; and
Level Up cannot and will not assure you that other Users of the Platform are or will be complying with the foregoing rules or any other provisions of the Agreement. As between you and Level Up, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
You hereby expressly acknowledge and agree that Level Up will not be liable for your losses or damages (whether direct or indirect) caused by an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses suffered by Level Up or others due to such unauthorized use.
OCCURRENCE OF EMERGENCY EVENTS
The Platform and the Services are for non-emergency purposes only. Do not attempt to access emergency care through the Platform. If at any time you are concerned about the advice provided to you by the Experts, or if you think you have a medical emergency, please reach out to the nearest healthcare provider for assistance.
The Platform and Services are not intended to support or carry emergency or time-critical calls or communications to any type of hospital, law enforcement agency, medical care unit, or any other kind of emergency or time-critical service.
Level Up is not and shall not be treated as an emergency care provider at any point in time. In the event of an emergency, Level Up shall not, and will not be obligated to provide any emergency services, including any medication, ambulance services, medical advice, etc. If Level Up becomes aware of or contemplates an emergency, Level Up may, at its sole discretion, (a) inform the emergency contact (as identified by you) of the occurrence, or possibility of occurrence of such emergency, and/or (b) intimate your healthcare provider (as identified by you) of the occurrence, or possibility of occurrence of such emergency.
INTELLECTUAL PROPERTY RIGHT
We are the sole owner or lawful licensee of all the rights of the Platform and its content. For the purpose of this clause, the content on the Platform includes its design, layout, text, images, graphics, sound, video, Content etc. as well as non-superficially visual functional elements. The title, ownership and intellectual property rights in the Platform and its content shall remain with us, our affiliates or licensors of the content, as the case may be.
Trademark: Level Up and related icons and logos are registered trademarks or trademarks pending registration in the name of Level Up in various jurisdictions and the same is protected under applicable trademark and other intellectual property laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited and shall be subject to appropriate legal proceedings against the unauthorized user.
Copyright: All content on the Platform is the copyright of Level Up except any third party content including but not limited to the Third-Party Content and links to third party websites on the Platform, if any.
REPRESENTATIONS AND WARRANTIES BY THE USERS
By using the Platform, you represent and warrant that:
You are 18 (eighteen) years of age or older and that your use of the Platform will not violate any applicable law or regulation; and
All information provided on the Platform by you is true, factual, accurate and complete, and you agree to maintain the accuracy of such information.
CONDITIONS OF USE
You shall use this Platform for reasonable and lawful purposes only and shall not indulge in any activity that is not envisaged through the Platform.
You covenant that you will not:
Modify any content of the Platform;
Decompile, reverse engineer, or disassemble the content including but not limited to the Content and any Third Party Content;
Use the Service in any way that is unlawful, or harms Level Up or any other person or entity, as determined in Level Up’s sole discretion;
Use the Services as an alternative to professional medical advice;
Make false or malicious statements against the Service or Platform or Level Up;
Post, copy, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contains a virus or other harmful component, or otherwise impair or damage the Platform and/or Service or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the Platform and / or the Service;
Engage in any form of antisocial, disruptive, or destructive acts on the Platform, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the internet;
Post or upload any content that is libelous, defamatory, abusive, threatening, harassing, hateful and offensive or otherwise violates any law or right of any third party; or
Delete or modify any content of the Platform and/or Service, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.
THIRD PARTY SITES AND SERVICES
Level Up does not guarantee the accuracy, integrity or quality of any content/service provided by third-party service providers. Further, the Users’ interactions with such third-party service providers through the Platform, including in respect of payment and delivery of products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the respective User and third-party service providers. In no event shall Level Up be liable for any damages arising out of any interaction between the User and such third-party service providers. The information provided on the Platform with respect to any third party product or service is provided to the Users on an "as is, where is" basis only.
DISCLAIMER OF WARRANTIES
While availing Services, you may be required to provide complete details relating to the specific health conditions relevant to your health and the availed Service in a form and manner as maybe prescribed by us from time to time. Upon receipt of details relating to such health conditions, Level Up may tailor the Services per your needs, health conditions and fitness goals. We strongly recommend that you consult with your primary healthcare provider before you use/avail the Services. Specifically, in the event that you have been diagnosed with a chronic disease or health condition, you hereby represent that you have obtained the express approval of your primary healthcare provider for using the Platform and availing/using the Services.
You expressly understand and agree that, to the maximum extent permitted by applicable law:
The Platform, Services and other materials are provided by Level Up on an “AS IS” basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, Level Up makes no warranty that (i) the Platform or the Services will meet your requirements or your use of the Platform or the Services will be uninterrupted, timely, secure or error-free; (ii) the results that may be obtained from the use of the Platform, Services or materials will be effective, accurate or reliable; (iii) the quality of the Platform, Services, or other materials will meet your expectations; or that (iv) any errors or defects in the Platform, Services or other materials will be corrected.
To the maximum extent permitted by applicable law, Level Up will have no liability related to User content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. Level Up also disclaims all liability with respect to the misuse, loss, modification or unavailability of any content of the User.
Level Up has endeavored to ensure that all the information on the Platform is correct, but Level Up neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information or Service. Level Up shall not be responsible for the delay or inability to use the Platform or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities and related graphics obtained through the Platform, or otherwise arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise. Further, Level Up shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any reason beyond the control of Level Up. The User understands and agrees that any material or data downloaded or otherwise obtained through the Platform is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. Level Up accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.
Any content provided or accessed through the Services, including but not limited to Content or any digital content, exercise and pilates videos is for informational purposes only. This Content should not be used during a medical emergency or for the diagnosis or treatment of any medical condition.
Level Up does not take any responsibility for any inability on your part to avail these Services on account of any disruption of service due to internet issues or power issues.
Level Up shall not be liable for any damages caused due to provision of incorrect/false/incomplete information by the User.
Level Up does not make any guarantees relating to the outcomes based on any information, or advice provided by the Experts, or any Services provided by Level Up. While the Platform is intended to assist you with your health goals, Level Up cannot guarantee the management, cure, or treatment of any disease, condition or ailment based on the information provided on the Platform or the Services.
Any information on the Platform or provided by Level Up, including any, advice and recommendations provided as part of the Services, is intended solely for educational and informational purposes. It is not intended as medical or healthcare advice, or to be used for medical diagnosis or treatment, for any individual problem. It is also not intended as a substitute for professional advice and services from a qualified healthcare provider familiar with your unique facts. Always seek the advice of your doctor or other qualified healthcare provider regarding any medical condition and before using the Services and/or the Platform. Your use of the Services is subject to the additional disclaimers and caveats that may appear throughout the Services. We assume no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the information, or other material provided as part of the Services. While we strive to keep the information provided by the Services to be accurate, complete, and up-to-date, we do not give any assurances, and will not be responsible for, any damage or loss related to the accuracy, completeness, or timeliness of the information provided as part of the Services.
are not associated with any healthcare, fitness or medical organisation;
are not affiliated to any healthcare, fitness or medical organisation;
do not represent any healthcare, fitness or medical organisation;
are not licensed medical care providers;
are not rendering medical advice or treatment; and
are not a healthcare institution or practitioners under any laws for the time being in force in India.
The Services available on the Platform are meant to serve as a comprehensive collection of time-tested health and fitness strategies programmed by Level Up. You understand that all Services including but not limited to Live Classes, advice, summaries, strategies, and tips available on the Platform, are only recommendations by us, and participating in such Services does not guarantee desired results. You accept the risk that such results may differ.
The information available on our Platform or provided through e-mails is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by a physician, therapist, nutritionist, or any other health care provider. We are not medical health practitioners or mental health providers and we are not holding ourselves out to be in any capacity.
You shall not disregard medical advice or delay seeking it because of a statement you have read on our Platform. Our Platform should not be used in lieu of advice given by qualified medical professionals. If you experience any discomfort or pain during a fitness routine or Live Classes, you should immediately cease the activity and seek the assistance of a medical professional.
We have no expertise in advising on, diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise or diet. Your participation in any physical exercise or training activities outlined in our Services shall be at your own risk.
Physical exercise can be strenuous and subject to risk of serious injury (including but not limited to musculoskeletal injury, spinal injuries, abnormal blood pressure responses, and rare instances of heart attack or death). We recommend you obtain a physical examination from a medical professional before using any exercise equipment or participating in any exercise activity.
Any recommendation for changes in diet including the use of food supplements are your responsibility and we recommend you consult with a professional prior to undergoing any dietary changes as results may vary.
You understand that health advice is often subject to medical research and developments. However, we make no representations that any information available on our Platform is updated and in line with any medical developments. We recommend you consult and seek advice from a medical professional on any health condition that you may have prior to availing any fitness program or making changes to your diet.
Subject to the conditions of the Terms we provide you access to submit, post, publish, or broadcast content on our Platform so as to provide feedback on the Services (“User Content”). You agree that we reserve the right to remove any User Content at our sole discretion.
You may choose to write and post reviews on the Platform. We do not encourage you to post any personal information on the Platform and the ill effects of such revelation shall be borne by you. However, you may request Level Up via a support request to delete any such information posted by you.
You shall not publish or undertake to publish any User Content which may contain any of the following:
Offensive Content: Any User Content that is or has the tendency to be unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity or profane language, or sexual activity and any explicit content with an intent to be sexually gratifying, promotes bigotry, discrimination or violence against any race, religion, caste, belief, ethnicity sexual orientation or behaviour, gender, disability, health condition, criminal record, political bias, creed or country, or is otherwise inappropriate as determined by us in our sole discretion. The User Content should also be compliant with all applicable laws including The Information Technology Act, 2000, Indecent Representation of Women and Children Act, 2008 and the Indian Penal Code, 1860 which prohibits reproduction of any content pertaining to obscenity and indecent representation of women in India;
Infringes Third Party Intellectual Property Rights: Any User Content that infringes or has the tendency or threatens to infringe any intellectual property rights including but not limited to patent, trademark, trade secret, copyright, design, geographical indication, right of publicity, privacy rights and/or any other rights of any third person or any entity without any license or permission of such party;
Fraudulent Information: Any User Content that you know or have had knowledge of, to be fraudulent, false, misleading, untruthful or inaccurate;
Impersonates a third party: Any User Content that impersonates any third person or an entity, including any of our or our affiliate’s employees or representatives or personnel;
Compromises Cyber Safety: Any User Content that contain, including but not limited to, any software viruses or computer codes, files, worms, logic bombs or programs that are designed and/or intended to disrupt, disable, damage, limit or interfere with the proper functioning of our Services or any software, hardware, or telecommunications equipment or to damage or to obtain unauthorized access to any system, data, password or any of our other information;
Third Party Sensitive Personal Information: Any User Content that includes or has the tendency to include any third party sensitive personal information, as defined under the applicable laws, without the prior express consent of such concerned third party; or
We will not be held responsible or liable for any of the User Content provided by you or other Users on the Platform.
For each User Content, you grant to us a worldwide, royalty-free, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify, store and otherwise use, analyze and exploit such User Content, and to contact you about your User Content, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials and advertising).
Testimonials appearing on the Platform, whether as part of the User Content or otherwise, are received in various forms via a variety of submission methods (“Testimonials”). The Testimonials may reflect the real-life experiences of Users who have used our Platform and/or Services. However, individual results may vary. We do not claim, nor should the User assume, that any individual experience recounted is typical or representative of what any other User might experience.
To the extent permitted by applicable law, Level Up has no and assumes no obligation or liability associated with the accuracy, reliability or effectiveness of any Services, the Platform fitness activity or recommendation contained in any Testimonials. Testimonials are not necessarily representative of what anyone else using our Platform and/or Services may experience.
You hereby agree to indemnify, defend, and hold Level Up, Level Up’s affiliates and Level Up’s and Level Up’s affiliates’ agents, officers, personnel, directors, consultants, representatives, authorized users, employees, and assigns harmless from and against any and all losses, damages, liabilities and costs (including without limitation attorneys’ fees) arising from (i) your use or misuse of, or access to, the Platform or the Services; (ii) your violation of the terms of the Agreement; (iii.) infringement by you, or any third party using your Account, of any intellectual property or other right of any person or entity, (iv.) unauthorized use of the Services, or use of the Services in contravention of these Terms, and/or (iv) any claims or disputes between you and any third party whose services or products you may have accessed through the Platform including for any claims relating to non-payment and/or misuse of such third party products and/or services. Level Up reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Level Up in asserting any available defense.
LIMITATION OF LIABILITY
You acknowledge and undertake that you are accessing the Services through the Platform, transacting at your own risk and are using your best and prudent judgment before entering into any transaction with any third party or availing any Service(s) through the Platform. Under no circumstances will Level Up be liable to you for any harm, loss, or damage, either to your person or property, caused due to and/or as a result of your use of the Platform and/or Services.
Level Up shall not be liable or responsible for:
any failure to perform, or delay in performance of, any of Level Up’s obligations under these Terms that is caused by any act or event beyond Level Up’s reasonable control, including Force Majeure events;
any failure to perform, or delay in performance of, any of Level Up’s obligations under these Terms or any financial loss that is caused by a third-party service;
the Platform not meeting your individual requirements or the Platform containing defects or errors, as the Platform has not been developed specifically for you. It is your responsibility to ensure that you use the Platform and functions of the Platform meet your requirements; and
any loss or damage caused by a distributed denial-of-service, viruses attack, or other technologically harmful material that may infect your device, data or other proprietary material due to your use of the Platform and/or the Services.
Further, none of the directors, officials, consultants or employees of Level Up or its affiliates shall be personally liable for any action in connection with the Platform or the Services.
We shall neither be liable nor responsible for any actions or inactions of the other Users of the Platform nor any breach of conditions, representations or warranties by them. We do not take any obligation to mediate or resolve any dispute or disagreement between you and the other Users of the Platform.
To the extent permitted by applicable law, we shall make no representation or warranties of any kind, express or implied, with respect to accuracy or significance of any aspect of outcome of the Services. You should use your discretion before relying on any advice provided by the Experts.
TERMINATION AND SUSPENSION
In the event you breach the Agreement or in the event any other User reports violation of any of their rights as a result of your use of the Platform and/or the Services, Level Up reserves the right to suspend or terminate your access to the Platform with or without notice to you and to exercise any other remedy available under law. Any suspected illegal, fraudulent or abusive activity will be grounds for terminating your access to the Platform. Upon suspension or termination, your right to avail the Services and access to the Platform will immediately cease and Level Up reserves the right to remove or delete your information that is available, including but not limited to login and Account information.
ACCESS OUTSIDE REPUBLIC OF INDIA
Level Up makes no representation that the Platform, Services and content including the Content and any Third Party Content contained on the Platform is appropriate to be used or accessed outside the Republic of India. If you use or access the Platform or avail Services from outside the Republic of India, you do so at your own risk and are responsible for compliance with the laws of such jurisdiction. These Terms do not constitute, nor may it be used for or in connection with, any promotional activities or solicitation by anyone in any jurisdiction in which such promotional activities or solicitation is not authorized or to any person to whom it is unlawful to promote or solicit.
GOVERNING LAW AND JURISDICTION
Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or your use of the Platform or the Service or information to which it gives access, will be sought to be resolved by means of amicable discussions between Level Up and you. However, if such amicable discussions do not result in resolution of a dispute, then such a dispute shall be determined by arbitration in India, before a sole arbitrator. Arbitration will be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration will be Bangalore. All proceedings of such arbitration, including, without limitation, any awards, will be in English language. The award will be final and binding on the parties.
If any provision of the Terms is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision will be excluded from the Terms and the remainder of the Terms will be interpreted as if such provision were so excluded and will be enforceable in accordance with its Terms; provided however that, in such event, the Terms will be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
All notices and other communications required or permitted hereunder to be given to a party will be in writing, in English language, and will be sent by facsimile, e-mail, or mailed by prepaid internationally-recognized courier, or otherwise delivered by hand or by messenger, addressed to such party’s address as set forth below or at such other address as the party would have furnished to the other party in writing in accordance with this provision:
If to Level Up: email@example.com
If to you: At the email address provided by you to us when you register on the Platform.
You hereby expressly agree to receive communication from Level Up by SMS, Whatsapp messages and e-mails. You can unsubscribe/opt-out from receiving communications and newsletters from Level Up at any time by following the procedure set forth in the Platform.
If you have any grievance with respect to the Platform or the Service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer at:
Grievance Officer: Kavita Prakash
Contact Number: +91-080-4209 4055
Email Id: firstname.lastname@example.org
It is further stated that the Grievance Officer shall redress your grievances within 1 (one) month from the date of receipt of your written grievance to the contact details mentioned under this clause.
No term of the Terms will be deemed waived and no breach excused, unless such waiver or consent is in writing and signed by Level Up. Any consent by Level Up to, or waiver of a breach by you, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
If the whole or any part of the performance by Level Up of any part of its respective obligations under the Agreement is prevented or delayed by causes, circumstances or events beyond the control of Level Up including delays due to acts of God, floods, fires, accidents, pandemic, endemic, an outbreak, epidemic, earthquakes, riots, explosions, wars, hostilities, acts of government, systemic electrical, telecommunications, network or other utility failures affecting Level Up or other causes of like character beyond the control of Level Up (“Force Majeure”), then to the extent Level Up shall be prevented or delayed from performing all or any part of its obligations under the Agreement by reason thereof, despite due diligence and reasonable efforts to do so notwithstanding such causes, circumstances or events, Level Up shall be excused from penalty or performance under the Agreement for so long as such causes, circumstances or events shall continue to prevent or delay such performance.
The Agreement contains the entire understanding of the parties, and there are no other written or oral understandings or promises between the parties with respect to the subject matter of the Agreement other than those contained or referenced in the Agreement.