This document is an electronic record as per provisions of Information Technology Act, 2000 and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This Website on domain name, www.actiwoo.com, the mobile application under the name and style ” Actiwoo ” (hereinafter referred to as “Actiwoo”/ “Website”) is owned by RuWaBi Fitness Technologies Pvt Limited (“We”/”Us”/“ RuWaBi ”), a company incorporated under the Companies Act, 2013 with its registered office at T3, Chaithanya Samarpan, Hoskote-Whitefield Main Road, Bangalore 560067, Karnataka, India.
1.1 Actiwoo operates as an interactive online platform and mobile application aiming to connect, and create new opportunities for, people who are, or want to become fitness and lead a physically active lifestyle.
1.2 In order to benefit from all the features of the Services available you will need to Sign-Up with us by filling the Sign-Up form. You will be asked to provide certain information about yourself including your name, contact details. You must ensure that the information provided by you is correct, complete and not misleading. You should also inform us promptly of any changes to the information that you have provided, by updating your details, so we can communicate with you effectively.
1.3 Actiwoo’s goal is to make fitness enjoyable and to make a positive contribution to the health of the people.
1.4 Your health is very important to us. ALWAYS consult your doctor about your physical activity athletic behaviour.
Actiwoo neither substitutes your doctor, nor is Actiwoo responsible for your behaviour. The contents of the Actiwoo, regardless whether they are provided by Actiwoo, or its users, are not meant to supplement, let alone, replace the information provided by Doctors or pharmacies. By accepting these T&C, you confirm that you are solely responsible for your health and exclude RuWaBi and Actiwoo from any liability.
VALIDITY OF THE T&C
Actiwoo is offered on the basis of these T&C. By registering, the user consents to the validity of these T&C and any agreements incorporated therein by reference.
Neither the registration nor the use of the complete spectrum of products and services shall be possible without implicit consent to these T&C.
These T&C shall apply to all points of access, including (sub-) domains and mobile applications, for Actiwoo’s products and services. In particular, the Actiwoo online offering will be accessible via Website.
These T&C shall be valid until cancelled specifically.
CONDITIONS OF USE
You must be 18 years of age or older to register, use the Services, or visit or use the Website in any manner. By registering, visiting and using the Website or accepting this Agreement, you represent and warrant to RuWaBi that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and the Services available through the Website, and agree to and abide by this Agreement.
You shall not impersonate any person or entity, or falsely state or otherwise misrepresent identity, age or affiliation with any person or entity.
SUBJECT OF THE AGREEMENT
Currently, Actiwoo essentially offers its users the following applications and information in English (and withholds the right to subsequently publish these offerings in any other language):
- Features of the Actiwoo mobile application
- Blog articles written and posted on the Website by the registered users.
- Testimonials from Actiwoo registered users.
- Videos, images and any other content published or promoted on the Mobile application and Website.
- Training videos and resources administered by Actiwoo on its mobile application or website.
- News regarding Actiwoo in short form.
- Mobile Fitness & Health Apps.
- Content, e.g. texts, pictures and videos, regarding sports, health and nutrition will be presented by Actiwoo and professional third parties.
- About us: Short description of Actiwoo and the team behind it
- Advertising by Actiwoo and/or third parties
- Support for users
Mobile applications; Actiwoo Mobile
- Actiwoo offers applications for Android phones and other smartphones on a global scale.
- These applications can be used both isolated on the smartphone as well as in connection with the Website.
- By uploading the content the consent of the User is deemed to be given, relevant data is transmitted from the smartphone to the Website and shared with other social networks (e.g., Facebook), respectively.
- The user hereby confirms the user’s knowledge that as a result of the transmission of data from the smartphone to the Website, certain costs of the mobile carrier will be incurred that have to be borne by the user.
- The mobile applications are only available to users of smartphones. Only the basic functionality of the mobile applications is available for free.
- Additional terms and conditions on the part of the mobile phone-providers apply.
- The user hereby acknowledges that the Fitness activities shall be tracked accordingly so as to provide better services by Actiwoo.
- The user hereby acknowledges that there shall be Third party products or services available on Actiwoo’s platform so as to provide effective services for the betterment of the user.
Other Services of Actiwoo
- Actiwoo will send newsletters to registered users. By accepting these T&Cs, the user allows Actiwoo to send newsletters. The user can opt out of receiving a newsletter each time such newsletter is received. Upon opting out, the user will not receive any further newsletters from the Website.
Third Party Disclaimers
- Actiwoo may include or offer third party products or services on its platform. However Actiwoo shall not be responsible or liable for the contents and activities of these third parties. You acknowledge and agree that Actiwoo are not responsible or liable for any loss or damage you suffer or incur as a consequence of your reliance on or participation on any other activity or purchase of any product services or materials provided by these third parties.
GENERAL TERMS AND CONDITIONS FOR ALL USERS
- You must protect your account from unauthorized and fraudulent use. Please notify us immediately by email at email@example.com of any suspicion or unauthorized or fraudulent use of your account, or if you suspect that your account may be at risk.
- Actiwoo will not refund any amounts paid by you to us or through any medium on the Actiwoo platform on account of failing to comply with any of the clauses in 5.1.1
- Actiwoo has the right to close or cancel the account of any registered user in the event of any unauthorized or fraudulent use of the account.
- Promotions and Free Offers: Actiwoo may run promotions and free offers, which may be subject to additional terms or restrictions as applied by the sponsor of these promotions and offers. These promotions and offers may not be transferred between users.
- Each user shall have the right to terminate the use of Actiwoo’s mobile application i.e the user can uninstall Actiwoo application at any time.
- Additionally, Actiwoo reserves the right to terminate a user’s membership for important reasons, such as due to gross breaches of the user‘s obligations.
- As a result of any termination pursuant to this Section 6 or cancellation pursuant to Section 7 hereof, all personal details provided by the user upon registration shall be deactivated. Any details made public by the user, e.g., routes, notes on other users’ walls, will be (i) anonymized, i.e., personal details will not be associated with such content.
- Upon the user’s request, all saved personal details shall be irrevocably deleted. The user shall request such deletion by email sent to firstname.lastname@example.org, which shall include the email address provided to Actiwoo upon registration.
SPECIAL CANCELLATION RIGHT FOR CONSUMERS
- Right of Withdrawal from Contract. You may terminate the agreement with Actiwoo after the purchased digital product from Actiwoo has been delivered to you upon producing the proof of non-consumption of the same by email sent to RuWaBi. Upon the satisfaction of Actiwoo of the proof of non-consumption of the product so provided by you Actiwoo shall within 60 days return your transfer the money to you.
USER OBLIGATIONS AND CONDUCT
Each registered user of the Website must
- Truthfully provide, and keep current and complete its registration details and must not pass on such details to third parties;
- only save, publish, transmit and distribute such content, e.g., photos, pictures, text, representations or videos, if the user is authorized to pass on such content, i.e., (i) if the user has the exclusive right to use such content or, (ii) in the event that the user is not the owner of such rights with respect to content provided by it, if the user guarantees to Actiwoo that all required rights, licenses, permits etc. have been validly obtained. This shall also apply to content subject to intellectual property rights, such as trade names and trademarks. The user shall be exclusively responsible for such content;
- not save, publish, transmit or distribute any content that is racist, insulting, discriminating, denunciating, sexual, glorifies violence or is otherwise illegal;
- not to send chain letters or messages to more than one recipient at any one time, i.e., the user must not send mass emails or spam unless explicitly allowed through the Website;
- not carry out any disrupting interferences in the Actiwoo network by use of technical or electronic aids, such as hacking attempts, brute force-attacks, planting of viruses/worms/Trojans and other disrupting attempts regarding Actiwoo’s software or hardware;
- not copy, distribute, transmit or collect by use of technical aids, e.g., by crawlers or bots, accessible details without the consent of the respective owner;
- provide prompt notice via email to email@example.com of any detected breaches of the aforementioned obligations;
- diligently care for the personal details; and
- regularly save important personal details externally, e.g., on an external storage medium, hard drive or in the cloud. Actiwoo is not responsible for any lost or impaired details.
BREACH OF USER OBLIGATIONS
- In order to ensure the proper and reliable provision of services, Actiwoo imposes the following sanctions upon breach of obligations by a user:
- Deletion of content
- Temporary deactivation of user account and
- Cancellation (irrevocable deactivation)
- The type of sanction shall depend on the purpose, impact and type of the breach in light of Actiwoo’s and the user’s interests.
- In the event a user account shall be cancelled in accordance with this Section 9, the respective user shall be barred to register again.
- Actiwoo permits its registered users to use the offered portfolio of products and services in accordance with statutory law and these T&C, in order to upload, save, publish, distribute, transmit and share content with other users.
- The user consents that as a result of the automatic evaluation of the way such user uses the Website, it may be exposed to certain offers and/or marketing messages tailored to such user.
- The user consents that marketing measures may also be taken in the proximity of content created by such user.
- Actiwoo shall have the right to save content or disclose such content to third parties, to the extent this is required by law, or legally permissible and reasonably necessary, in order to
- Comply with statutory law, or court or administrative orders
- Ensure compliance with these T&Cs
- React to claims of breaches of law raised by third parties or
- Safeguard the rights, property or personal safety of Actiwoo, its users and the general public
- The user grants Actiwoo the irrevocable, free, exclusive and unlimited right to use all content generated, transmitted, saved and published by such user. Accordingly, Actiwoo shall have the right to use, irrespective of the type of usage, all content both as part of the Actiwoo and any other activity of Actiwoo or any company affiliated with Actiwoo. This shall include the right to change and edit such content, unless such changes or edits impair material interests of the user. In this connection, the user waives, to the extent legally permissible, all intellectual property rights.
- Actiwoo reserves the right to delete content created by users, such as routes, events, challenges, opinions or comments without giving reasons.
- Actiwoo shall not be responsible for inaccurate content created by users, e.g., details regarding routes, challenges, comments, opinionsevents etc.
REPRESENTATIONS AND WARRANTIES
- RuWaBi does not represent or warrant that the Website will be available at all times, or that the Website and the necessary hardware and software will be completely free from errors.
- RuWaBi reserves the right to make changes to any of the features or components anywhere in the Actiwoo without prior notification as part of its constant efforts to improve the user experience including but not limited to availability of content and pricing of its services.
- RuWaBi does not represent or warrant that the transmission of data via other systems, in particular the internet and telecommunication networks, is not tracked, recorded or distorted by third parties.
- The user uses the Actiwoo offering exclusively at its own risk. This applies, without limitation, to
- The related use of any hardware, including, but not limited to, (i) the respective smartphone, e.g., in the course of using the feature “measuring pulse”, by pressing the photo light for a prolonged period, the user’s finger may heat up, (ii) chest straps, and (iii) smartphone dongles
- Downloading of the user’s own and third party content; and
- Any use by the user of data created or provided by Actiwoo, including, but not limited to
- recommendations for actions, e.g., workout plans etc.
- The user explicitly acknowledges that any such data or content may contain errors, and Actiwoo does not, to the extent permitted by law, assume any responsibility for the correctness of such data.
- measured pulse or altitude details, or
- The use of any software or hardware offered by Actiwoo is no substitute for the consultation by the user of a specialized doctor.
Additionally, Actiwoo does not make any representations or warranties with respect to external links, banners or other information and marketing offers that may be made accessible to the user. Any contractual arrangements entered into between the user and a third party provider, e.g., via linked websites or banners, result in a contractual relationship between such user and the third party provider only. Actiwoo does not make any representations or warranties with respect to products or services of third party providers.
LIMITATION OF LIABILITY
- In no event will RuWaBi be liable to you for any lost profits, lost savings or incidental, indirect, special or consequential damages, arising out of your use or inability to use the product or the breach of this agreement, even if advised of the possibility of such damages. In any case, the liability of RuWaBi to the user is limited to the total amount RuWaBi has received from the user.
- Unless required by statutory law, neither RuWaBi nor any of its business affiliates shall be liable for damages resulting from the use of content made accessible through the use of the Website or mobile apps. This also applies to damages resulting from errors, problems, viruses or loss of data.
- RuWaBi provides all its services, challenges and columns in good faith and is not liable for any injury, damage or inconvenience caused to the user as a result of using Actiwoo or any of the services, advice and training provided through the Actiwoo, whether provided by RuWaBi or any third party through RuWaBi.
- RuWaBi shall not be liable for any failure of or inability to provide its services for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes or labor disputes, embargoes, government orders or any other force majeure event.
- RuWaBi assumes no liability for downloaded material or material obtained as a consequence of using Actiwoo. The User is solely responsible for any damages caused by such materials to his computer system or for information that is lost as a consequence of downloading materials from the Actiwoo.
- The User is exclusively liable for any claims of lawsuits of any kind in any way derived from or related to conflicts with other users. The User acknowledges and accepts that RuWaBi will not, under any circumstances, be liable for the acts and omissions of other users, including the damages associated with such acts or omissions.
INDEMNIFICATION BY USERS
- The user shall fully indemnify, hold harmless and defend RuWaBi and its directors, officers, employees, agents, stockholders and Affiliates from and against all claims, demands, actions, suits, damages, liabilities, losses, settlements, judgments, costs and expenses (including but not limited to reasonable attorney’s fees and costs), whether or not involving a third party claim, which arise out of or relate to (1) any breach of any representation or warranty of the user contained in this Agreement, (2) any breach or violation of any covenant or other obligation or duty of the user under this Agreement or under applicable law (3) use by the user of the results obtained from the activities prescribed by the Actiwoo app, tutorials, trainers, partner institutes whether or not caused by the negligence of Actiwoo or any other Indemnified Party and whether or not the relevant Claim has merit.
- In the event that a claim is brought by a third party, the user shall promptly, truthfully and completely make available to RuWaBi all information available to such user that may be necessary to verify such claim and defend against it.
- In any case of coaching, advice, consultation, suggestions or any other services provided through Actiwoo, RuWaBi does not claim or warrant such services to substitute the consultation of a specialized doctor and is not to be construed as medical advice or prescriptive in any way. These services may be provided by Actiwoo or any of its partners and Actiwoo shall not be liable for the same.
- If any such claim is explicitly made by any service provider through the Actiwoo, RuWaBi does not endorse or warrant the claim and the claim is made solely by the service provider to the user.
CHANGES TO THE T&CS
- RuWaBi reserves the right to amend these T&C from time to time for a number of reasons including, without limitation, for commercial reasons, to comply with applicable law or regulations, or for customer service-reasons. At any time, the then-current version of these T&C is available for viewing on the Website. These T&C were last modified on 21st March 2018.
- You should periodically review the most up-to-date T&C. The User is encouraged to check the terms and conditions for any changes. By using the Website after the changes, even without active notification, the user implicitly agrees to the new terms and conditions.
- The User fully acknowledges, agrees and confirms that Actiwoo including its mode and manner of presentation is subject matter of various Intellectual Property Rights (IPR). Besides, the right, title and ownership in respect of the all IPR in the Actiwoo including any modification and improvements thereon shall always vest with the RuWaBi and/or its Licensor(s); and the User shall not indulge in any act or deed which may in any manner affect, hamper, impede, infringe or violate the said IPR of RuWaBi or its Licensor(s) including any improvements or modifications thereon; The User shall promptly notify XYZ if it becomes aware of any unauthorized act of infringement of IPR of RuWaBi . Actiwoo has been developed and/or sourced at a considerable cost and time and unauthorised usage will result in infringement of the IPR.
- The User shall not use any part of Actiwoo for any other form of distribution for consideration or otherwise. User shall not copy, reproduce or transfer Actiwoo or any part thereof in any form or means without any written approval from RuWaBi.
DISCLAIMER; NO WARRANTIES
- To the fullest extent permissible pursuant to applicable law, RuWaBi disclaim all warranties, statutory, express or implied, including, but not limited to, implied warranties of Merchantability, physical activity for a particular product or purpose, and non-infringement of proprietary rights.
- No advice or information, whether oral or written, obtained by you from RuWaBi or through the services or the Website will create any warranty not expressly stated herein.
- You expressly acknowledge that as used in this section, the term RuWaBi includes RuWaBi’s officers, directors, employees, shareholders, agents, licensors, subcontractors and affiliated companies.
- You expressly agree that use of the services and the Website is at your sole risk. It is your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Website or on the internet generally. We do not warrant that the service will be uninterrupted or error-free or that defects in the Website will be corrected. The services and the Website and any data, information, third party product, reference sites, services, or other product made available in conjunction with or through the services and the Website are provided on an “as is” and “as available,” “with all faults” basis and without warranties or representations of any kind either express or implied.
- RuWaBi do not warrant that the data, functions, or any other information offered on or through the services, the Website or any reference sites will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected. RuWaBi do not warrant or make any representations regarding the use or the results of the use of the services, the Website or any reference sites in terms of correctness, accuracy, reliability, or otherwise. You understand and agree that you use, access, download, or otherwise obtain information, materials, or data through the services, the Website or any reference sites at your own discretion and risk and that you will be solely responsible for any damage to your property (including your computer system and device) or loss of data that results from the download or use of such material or data.
- We do not authorize anyone to make any warranty on our behalf and you should not rely on any such statement. This paragraph shall survive termination of this agreement. In no event will RuWaBi be liable for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the site.
- In the event that individual provisions of these T&C shall be or become invalid, all other terms and conditions shall remain in full force and effect.
- Governing Law and Jurisdiction.
- These T&C and all contractual relations and litigation between the users and RuWaBi shall be governed by Indian law.
- Place of delivery and exclusive court of jurisdiction shall be Bangalore, India.
- In accordance with Information Technology Act 2000 and rules made thereunder, the name and contact details of the Grievance Officer will be provided once you send an email to firstname.lastname@example.org
- Please carefully note the event you have chosen to pay and register. Once registered, confirmed registrations are non-refundable, and non-transferrable. Provide us with a secure email address that you access regularly, as this will be our primary means of contacting you during the run up to the event. If you still have any queries or questions regarding refunds, email us at email@example.com and enter “Refunds” in the subject line along with the name of the event. Our representatives will get back to you within 48 hours.