End User Agreement

1. 1. General
   1. These Terms of Use ("Agreement") constitute a legally binding agreement between you ("User") and Gymwise India Private Limited ("we," "us," or "Gymwise") regarding your use of the Gymwise service ("Service"), which includes our website www.gymwise.in ("Website") and the Gymwise mobile application ("App"). Collectively, these are referred to as the "Platform."
   2. By accessing or using the Platform, you agree to comply with this Agreement, our Privacy Policy, and any additional terms and conditions. If you do not agree, you must cease using the Platform immediately.
   3. We reserve the right to modify this Agreement at any time. Updates will take effect upon being posted on the Platform. Continued use of the Platform constitutes acceptance of the modified Agreement.
   4. This Agreement governs your relationship with Gymwise and outlines important information regarding your rights and obligations.
2. 2. User Qualification
   1. Age Limit and Medical Fitness:
      • Users must be at least 18 years old to use the Platform.
      • Users under 18 or senior citizens with medical conditions must self-declare during registration that:
        • They have obtained the consent of their parents, guardians, or custodians to use the Platform and access fitness services.
        • They are medically fit and capable of participating in fitness activities without risk.
   2. Liability Waiver:
      • Gymwise acts solely as a marketplace connecting users with gyms and fitness centers.
      • Users acknowledge and agree that Gymwise is not liable for any injuries, health complications, or mishaps arising from their use of gyms or fitness centers, regardless of the cause.
      • Users assume full responsibility for assessing their fitness and medical suitability before participating in any fitness activities.
   3. Accuracy of Information: Users warrant that all information provided during registration is accurate, current, and complete.
3. 3. User Registration
   1. Account Creation:
      • Registration requires a valid mobile number (mandatory) and email address (optional).
      • Users must promptly update their details if they change.
   2. Account Usage:
      • Each account is personal and non-transferable.
      • Unauthorized sharing or misuse of accounts will result in immediate suspension.
   3. Account Suspension: Gymwise reserves the right to suspend or revoke access for breaches of this Agreement or suspected misuse.
4. 4. Account Security
   1. Users are responsible for maintaining the confidentiality of their login credentials. Unauthorized access due to user negligence is solely the user's liability.
   2. Notify Gymwise immediately of unauthorized access by contacting support@gymwise.in. Gymwise will take reasonable steps to secure the account but cannot guarantee immediate resolution.
5. 5. Use of the Service
   1. Platform Role:
      • Gymwise operates as a marketplace connecting users with gyms and fitness centers ("Service Providers").
      • Gymwise is not responsible for the quality, hygiene, equipment, or availability of services offered by gyms.
      • Gym owners are solely responsible for showcasing their facilities accurately on the Platform and adhering to the claims they make.
      • Gymwise is not liable if gym facilities are found to be different, substandard, or otherwise inconsistent with their descriptions on the Platform.
   2. Age-Based Filters: Users declare their age during registration. Gym services displayed will comply with the permissible age limits defined by individual gyms.
   3. Booking and Usage:
      • Users may book sessions at listed gyms via the Platform.
      • Payments are processed as per the fees displayed at the time of booking.
   4. Disputes and Examples:
      • No-show by the gym: The gym was closed at the time of booking, or staff were unavailable.
      • Address discrepancy: The gym was not found at the listed address.
      • Denial of entry: The gym refused entry despite a valid booking.
      • Service quality issues: Facilities, equipment, or hygiene did not meet the standards advertised on the Platform.
      • Payment disputes: Fees charged incorrectly or refunds not processed.
6. 6. Charges and Payments

   All fees for services are displayed on the Platform and are subject to change without notice. Refunds (if applicable) will adhere to the policies displayed during booking.

7. 7. Complaints and Dispute Resolution

   Users may lodge complaints through the Platform or by contacting our support team at support@gymwise.in.

8. 8. Force Majeure

   Gymwise is not liable for disruptions caused by circumstances beyond our control, including but not limited to natural disasters, governmental actions, or infrastructure failures.

9. 9. Limitation of Liability

   Gymwise’s liability is limited to the amount paid by the user for the disputed service.

10. 10. Intellectual Property

    All intellectual property on the Platform is owned by Gymwise or its licensors. Unauthorized use is prohibited.

11. 11. Indemnification

    Users agree to indemnify Gymwise against claims, liabilities, or damages arising from misuse of the Platform or interactions with gyms.

12. 12. Termination

    You may terminate this Agreement by ceasing to use the Platform and notifying Gymwise. Gymwise may terminate accounts for breaches of this Agreement.

13. 13. Governing Law and Arbitration

    Disputes will be resolved through arbitration under the Indian Arbitration and Conciliation Act, 1996, with the seat of arbitration in Gurgaon, Haryana.

14. 14. Notices

    All notices to users will be sent electronically via email or through the Platform.