Terms And Conditions

The Home Gyms TERMS AND CONDITIONS

Welcome to the The Home Gyms website at https://thehomegyms.com This Site is operated by The Home Gyms and materials on the Site are primarily owned by The Home Gyms. The Site may also include materials owned by third parties and posted on the Site by virtue of a license, grant or some other form of agreement between the third party and The Home Gyms. The Home Gyms has created this Site for your personal enjoyment, entertainment and education. However, you are only authorized to access this site and contents or to use the materials contained in the Site (regardless of whether your access or use is intended) if you agree to abide by all applicable laws, and to these Terms And Conditions and Privacy Policy which constitute an Agreement between you and The Home Gyms. Please read these Terms And Conditions carefully and save them. If you do not agree with them, you should leave this Site immediately. Any questions or comments regarding, or problems with, this Site should be sent to the Site Administrator at info@thehomegyms.com

The Terms and Conditions mentioned herein are to be read in tandem and in conjunction with the Privacy Policy of The Home Gyms.

It reserves the right to modify or amend this Agreement without notice at any time. It is therefore important that you read this page regularly to ensure you are updated as to any changes.

If you become aware of misuse of this Site by any person, please contact the Site Administrator at info@thehomegyms.com with your concerns.

ACCESS AND USE

All materials contained in this Site and contents hereof are protected by trademark and copyright laws and must only be used for personal, non-commercial purposes. This means that you may only view or download material from this Site for your own use and you must keep all copyright and other proprietary notices attached to the downloaded material.

The reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), publication, modification, copying or transmission of material from this Site is STRICTLY PROHIBITED unless you have obtained the prior written consent of The Home Gyms or unless it is expressly permitted by this Site. The material covered by this prohibition includes, without limitation, any text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on this Site. The use of materials from this Site on any other web site or networked computer environment is similarly prohibited.

You are also strictly prohibited from creating works or materials that derive from or are based on the materials contained in this Site including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away.

You agree that any Message whatsoever submitted by you onto the site becomes the property of The Home Gyms and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as The Home Gyms sees fit.

UNSOLICITED SUBMISSIONS

If unsolicited submissions are sent to The Home Gyms via this Site, these submissions become the property of The Home Gyms and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as The Home Gyms sees fit. You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending an unsolicited submission you waive the right to make any claim against The Home Gyms, its parents or affiliates relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.

EMPLOYMENT OPPORTUNITIES

The Home Gyms may, from time to time, post The Home Gyms employment opportunities on the Site and/or invite users to submit resumes to it. If you choose to submit your name, contact information, resume and/or other personal information to The Home Gyms in response to employment listings, you are authorizing The Home Gyms to utilize this information for all lawful and legitimate hiring and employment purposes. The Home Gyms also reserves the right, at its sole discretion, to forward the information you submit to its parents, subsidiaries and affiliates for legitimate business purposes. Nothing in these Terms And Conditions or contained in the Site shall constitute a promise by The Home Gyms to interview, hire or employ any individual who submits information to it, nor shall anything in these Terms And Conditions or contained in the Site constitute a promise that The Home Gyms will review any or all of the information submitted to it by users.

LINKED SITES AND ADVERTISING

If The Home Gyms has provided links or pointers to other web sites, no inference or assumption should be made and no representation should be implied that The Home Gyms is connected with, operates or controls these web sites. The Home Gyms is not responsible for the content or practices of third party web sites that may be linked to this Site. This Site may also be linked to other web sites operated by companies affiliated or connected with The Home Gyms. When visiting other web sites, however, you should refer to each such web site’s individual “Terms And Conditions” and not rely on this Agreement.

The Home Gyms takes no responsibility for third party advertisements which are posted on this Site, nor does it take any responsibility for the goods or services provided by its advertisers.
 

TERMINATION

The Home Gyms reserves the right to immediately terminate your use of, or access to, this Site at any time if The Home Gyms decides at its sole discretion that you have breached this Agreement or any relevant law, rule or regulation or you have engaged in conduct that The Home Gyms considers to be inappropriate or unacceptable. In such event The Home Gyms reserves the right to take appropriate legal action against you.

DISCLAIMER OF LIABILITY AND WARRANTIES

While The Home Gyms does its best to ensure the optimal performance of the Site, you agree that you use this Site and rely on material contained in this Site at your own risk. The Site, and all materials in this Site, are provided “as is” and, to the fullest extent permitted by law, are provided without warranties of any kind either express or implied. This means, without limitation, that The Home Gyms DOES NOT WARRANT that the Site is fit for any particular purpose; that the functions contained in the materials in the Site will be uninterrupted; that defects will be corrected; that the Site is free of viruses and other harmful components or that the Site is accurate, error free or reliable. You acknowledge that The Home Gyms, its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, IS NOT LIABLE for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the theft, destruction, damage or unauthorized access to your computer system or network.

You acknowledge that The Home Gyms is not liable for any defamatory, offensive or illegal conduct or material found in connection with this Site, including such conduct or material transmitted by any means by any other person.

You acknowledge that The Home Gyms is not liable for any damages, including, without limitation, direct, incidental, special, consequential or punitive, civil or criminal damages or actions, in connection with or arising from your use or from your inability to use the Site.

INDEMNITY

You agree to defend, indemnify and hold harmless The Home Gyms, its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorney’s fees and costs) arising out of your use of this Site; your failure to use the Site; your breach or alleged breach of this Agreement or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties.

LEGAL COMPLIANCE

You shall comply with all applicable domestic laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of memberships.

Individuals may only be a prize winner once in any ninety (90) day period.

Refund Policy:

Fees once paid will not be refunded by the institute in any event whatsoever.

The institute reserves the right to expel students in the event that the conduct of the student is detrimental to the interest of the institute and the other students. The decision of the institute in this regard shall be final and binding on the concerned student. In event of expulsion, the student will not be entitled to claim refund of any amount paid by him to the institute and all amounts shall stand forfeited to the institute.

Gym Membership Payments made availing any Offer will not be refunded or Transferred under any circumstances.

Waiver & Release of Liability:

This agreement contains a waiver and release of liability and indemnity agreement. Do not agree to this agreement before you read it. By agreeing (ticking the I agree check box) below, you acknowledge receipt of a fully completed copy of this agreement executed by you and the institute and a copy of the rules and regulations. You agree to be bound by the terms and conditions contained herein.

I agree to the above terms and conditions and accept the same voluntarily.

WAIVER AND RELEASE OF LIABILITY AND INDEMNITY AGREEMENT

1. You (Buyer, each member and all guests) agree that if you engage in any physical exercise or activity or use any Club facility on the premises, you do so at your own risk and assume the risk of any and all injury and/or damage while engaging in any physical exercise or activity or use of any club facility on the premises. Your assumption of risk includes, without limitation, your use of any exercise equipment (mechanical or otherwise), the locker room, sidewalk, parking lot, stairs, steam room, lobby area, or any equipment in the Club facility. Member agrees to assume the risk in his or her participation in any activity, class, program, instruction, or Club-sponsored event. You agree that you are voluntarily participating in the aforementioned activities and using the Club facilities and premises and assume all risk of injury, illness, damage, or loss to you or your property that might result, including, without limitation, any loss or theft of any personal property or even death. You agree on behalf of yourself (and all your personal representatives, heirs, executors, administrators, agents, and assigns) to release and discharge Club (and our affiliates, employees, agents, representatives, successors, and assigns) from any and all claims or causes of action (known or unknown) arising out of the negligence of Club, whether active or passive, or any of its affiliates, employees, agents, representatives, successors and assigns. This waiver and release of liability includes, without limitation, injuries which may occur as a result of
   (a) your use of any exercise equipment or facilities which may malfunction or break,
   (b) Club’s improper maintenance of any exercise equipment or facilities,
   (c) Club’s negligent instruction or supervision, including personal training, and
   (d) you slipping and falling while on the facility or any portion of the premises for any reason, including Club’s negligent inspection or maintenance of its facility.
   By execution of this agreement, you hereby agree to indemnity and hold harmless Club from any loss, liability, damage, or cost Club may incur due to your presence at the Club facility. You further expressly agree that the foregoing release, waiver, and indemnity agreement is intended to be broad and inclusive as permitted by the law in the Courts of India and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

   SEVERABILITY

1. These provisions of this contract are severable and if any provision is determined to be illegal or unenforceable, the remaining provisions and any partially enforceable provisions shall nevertheless be enforceable. The Club’s failure to enforce any remedy or provisions in this contract shall not be constructed as a waiver of such remedy or provision. 

GOVERNING LAW

1. This agreement shall be constructed in accordance with the laws of the City with jurisdiction and venue deemed proper in the city as it appears in the address of the gym.

INTEGRATION – ENTIRE AGREEMENT

• This agreement constitutes the entire exclusive agreement between the parties and cancels and supersedes prior promises, representations, understandings, and/or agreements between the parties. The agreement may be modified only by an instrument in writing signed by all parties; however, the Club or any assignee of this agreement are authorized to correct patent errors in the agreement (and other related documents.)