Welcome to the WOW Fitness Website. Please read these terms and conditions carefully. By your use of this Website, you agree to be bound by and comply with the terms and conditions below. These terms and conditions are subject to change without notice, from time to time in our sole discretion. We will notify you of amendments to these terms and conditions by posting them to this Website. If you do not agree with these terms and conditions, please do not access this Website.

Health Disclaimer

ANY AND ALL INFORMATION CONTAINED ON THIS WEBSITE IS NOT INTENDED TO TAKE THE PLACE OF MEDICAL ADVICE FROM A HEALTH CARE PROFESSIONAL. EXERCISE, DIET AND HEALTH RELATED MATTERS VARY FROM PERSON TO PERSON. NOTHING ON THIS WEBSITE SHALL BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. ANY ACTION WHATSOEVER WHICH IS TAKEN BASED ON THE CONTENTS OF THIS WEBSITE OR ANY OF ITS RELATED SITES, MATERIALS, PRODUCTS OR INFORMATION IS TO BE USED SOLELY AT YOUR OWN DISCRETION, RISK AND LIABILITY. YOU SHOULD ALWAYS CONSULT THE APPROPRIATE HEALTH PROFESSIONALS ON ANY MATTER THAT IS RELATED TO YOUR HEALTH AND WELL BEING BEFORE PROCEEDING WITH ANY ACTION PERTAINING TO HEALTH RELATED ISSUES. WHILE THE INFORMATION PROVIDED ON THIS WEBSITE IS BELIEVED TO BE ACCURATE, THIS WEBSITE ASSUMES NO LIABILITY FOR THE USE OR MISUSE OF INFORMATION AND PRODUCTS ON THIS WEBSITE.

NEITHER THIS WEBSITE NOR ITS AFFILIATES, DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, AGENTS, CONTRACTORS, REPRESENTATIVES, SUCCESSORS OR ASSIGNS, SHALL BE RESPONSIBLE IF YOU FAIL TO CONSULT THE APPROPRIATE HEALTH AUTHORITIES WITH RESPECT TO YOUR HEALTH CARE BEFORE ACTING ON OR USING ANY INFORMATION OR PRODUCTS FOUND ON THIS WEBSITE, NOR WILL THEY BE RESPONSIBLE FOR ANY ERRORS OR OMISSIONS, OR THE USE OR MISUSE OF, THE INFORMATION ON THIS WEBSITE

Disclaimer of Warranty

ALL CONTENT, MATERIALS, PRODUCTS, SERVICES AND INFORMATION MADE AVAILABLE ON OR THROUGH THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. SUBJECT TO THE FOREGOING, WOW FITNESS DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL EXPRESS WARRANTIES EXCEPT THOSE EXPLICITLY MADE IN THESE TERMS AND CONDITIONS. WOW FITNESS MAKES NO REPRESENTATION THAT THE INFORMATION OR CONTENT CONTAINED ON THIS WEBSITE, YOUR RESULTS IN USING THIS WEBSITE, OR THE SERVICE ITSELF WILL BE ACCURATE, VALID, RELIABLE, COMPLETE, TIMELY OR AVAILABLE OR THAT IT DOES NOT VIOLATE OR INFRINGE THE RIGHTS OF ANY THIRD PARTY. WOW FITNESS DOES NOT WARRANT THAT THE CONTENT, MATERIALS, PRODUCTS, SERVICES AND INFORMATION MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, THEIR SERVERS, OR E-MAIL SENT FROM WOW FITNESS WILL BE UNINTERRUPTED, ERROR FREE, FREE OF VIRUSES OR OTHER HARMFUL AGENTS OR COMPONENTS, SECURE OR TIMELY. WOW FITNESS MAKES NO REPRESENTATION AND SPECIFICALLY DISCLAIMS ANY WARRANTY REGARDING ANY SITE LINKED TO THIS WEBSITE.

THIS DISCLAIMER BY WOW FITNESS IN NO WAY AFFECTS THE TERMS OF ANY MANUFACTURER’S OR THIRD PARTY SELLER’S WARRANTY, IF ANY, RELATED TO THE GOODS PURCHASED VIA THIS WEBSITE. TITLE TO GOODS AND MERCHANDISE IS RETAINED BY WOW FITNESS UNTIL THE GOODS AND MERCHANDISE ARE PAID FOR BY THE PURCHASER AT WHICH TIME TITLE PASSES TO THE PURCHASER.

CERTAIN STATE LAWS INCLUDING, BUT NOT LIMITED TO, THOSE OF THE Indian, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Limitation of Liability

YOU AGREE THAT, EXCEPT AS OTHERWISE PROVIDED UNDER APPLICABLE LAWS, INCLUDING THOSE OF THE Indian, NEITHER WOW FITNESS NOR ITS AFFILIATES, NOR THE DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, AGENTS, CONTRACTORS, REPRESENTATIVES, SUCCESSORS OR ASSIGNS OF EACH SHALL BE LIABLE FOR, NOR SHALL YOU BE ENTITLED TO, ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO THE USE OF, OR INABILITY TO USE, THIS WEBSITE OR ANY OTHER WEBSITE LINKED TO THIS WEBSITE. THIS WAIVER OF LIABILITY APPLIES TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY OR OTHER DAMAGES YOU OR OTHERS MAY SUFFER, AS WELL AS DAMAGES FOR LOST PROFITS, LOST REVENUE, BUSINESS INTERRUPTION OR THE LOSS OF DATA OR INFORMATION, EVEN IF WOW FITNESS IS NOTIFIED IN ADVANCE OF THE POTENTIAL FOR ANY SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT OR PRODUCT LIABILITY OR OTHERWISE.

Trademarks and Copyrights

You agree that all content appearing on this Website including, but not limited to, code, trademarks, service marks, trade names, graphics, images, text, audio clips, button icons, digital downloads, data compilations and computer software are the sole property of WOW Fitness or its partners and suppliers, and protected by Indian and international copyright laws. The compilation of all content on this Website is the exclusive property of WOW Fitness and protected by Indian and international laws. All software used on this site is the property of WOW Fitness or its software suppliers and protected by Indian and international copyright laws. Users are granted permission to browse and use the WOW Fitness Website for its intended purpose, which is for your use only as a consumer. Any other use including, but not limited to, the reproduction, duplication, modification, distribution, sale, transmission, republication, removal, deletion, addition, framing, display, or performance of the content on this Website or the exploitation in any other manner of any of the content of this Website, in part or in whole, is strictly prohibited. Except as expressly authorized in writing, the use or misuse of any trademarks, service marks, trade names, logos, text, images, graphics, intellectual property or content from this Website is strictly prohibited.

WOW Fitness does not grant, by implication or otherwise, any license or right to use any trademark, service mark, trade name or logo, or the content displayed on this Website, without the prior written consent of WOW Fitness. WOW Fitness prohibits the use of the WOW Fitness logo or other proprietary graphics or trademarks as a link to any Website unless the creation of such a link is approved in advance, and in writing, by WOW Fitness. Registered and unregistered proprietary information is owned and held by WOW Fitness and its licensors and, therefore, you may be liable for infringement or misappropriation or other legal action to the fullest extent of the law if you misuse this Website in any form, either mentioned or unmentioned.

WOW Fitness is a trademark or trade dress in the Indian and/or other countries. WOW Fitness’s trademarks and trade dress may not be used in connection with any product or service that is not WOW Fitness’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits WOW Fitness. All other trademarks not owned by WOW Fitness that appear on this Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by, WOW Fitness.

Third Party Websites

You agree that WOW Fitness encourages you to exercise discretion browsing the internet. Our Website, products or services may direct you to sites containing information that some people may find offensive or inappropriate. Any such link is provided solely as a convenience to you. WOW Fitness and its affiliates make no representation or warranty about the legality of any third party Website nor about its accuracy, content, products or services. Any such Website is independent from WOW Fitness, and WOW Fitness has no control over, or responsibility with respect to, the information provided or activities undertaken by any such Website. A link between WOW Fitness and another Website further does not mean that WOW Fitness endorses, recommends, sponsors or approves that Website. Linking to off-site pages is done at your own risk, requiring you to make your own independent decisions regarding your interactions or communications with any other Website. WOW Fitness expressly disclaims any responsibility or liability for any damage, loss, or injury arising out of the activities of any third party, the goods or services offered or the content displayed by any such third party not under the WOW Fitness domain.

Use Restrictions

This Website is for your personal, non-commercial use only. You agree that you will not use this Website for any commercial or political purpose including, but not limited to, advertising, soliciting funds, collecting product prices or selling products; to monitor, gather or copy content on this Website by using any robot, “bot”, spider, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility or manual process of any kind; to frame or utilize framing techniques to enclose any trademark or other proprietary information including, but not limited to, any images, text, or page layout; to use any meta tags or any other “hidden text” utilizing WOW Fitness’s name or any trademarks; to engage in any activity that interferes with a user’s access to the Website or the proper operation of this Website. You may not modify, reproduce, duplicate, copy, distribute, sell, resell, publish, license, visit or otherwise exploit this Website for any commercial purpose. You also agree that in using this Website you will not impersonate any person or entity.

Unlawful Conduct

You agree that you are prohibited from posting or transmitting to the WOW Fitness Website any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material, copyrighted material of others, or any other material that could give rise to any civil or criminal liability under the law, as well as anything in contravention of these Terms and Conditions. WOW Fitness reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions, including the right to block access from a particular internet address to this Website.

Termination of Use of This Website

You agree that any violation of these Terms and Conditions, the unauthorized use of this Website, content materials and intellectual property as well as any fraudulent, abusive or otherwise illegal activity shall be grounds for termination of your right to access, browse and use this Website. WOW Fitness reserves the right to terminate or suspend your access to this Website and its content and use at any time, with or without notice at WOW Fitness’s discretion.

Product Descriptions

WOW Fitness attempts to be as accurate as possible. However, WOW Fitness does not warrant that product descriptions or other content of this Website is accurate, complete, reliable, current or error free. If a product offered by WOW Fitness is not as described, your sole remedy is to return it in unused condition.

Limited Availability and Price

In the event a product or service is listed at an incorrect price due to a typographical error or an error in pricing information received from our suppliers, WOW Fitness shall have the right to refuse or cancel any orders placed for product or service listed at the incorrect price. WOW Fitness shall have the right to limit the number of items purchased through this Website. WOW Fitness shall have the right to refuse or cancel any order whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, WOW Fitness shall immediately issue a credit to your credit card account in the amount of the charge.

Revisions

WOW Fitness may, in its sole discretion, and with or without notice to you, make changes to, or discontinue, any aspect of this Website including, without limitation, any content, products, services or prices offered through this Website. WOW Fitness shall not be liable to you or any third party should it exercise this right to modify or discontinue this Website. WOW Fitness also reserves the right to revise the Terms and Conditions of this Website at any time. All revisions will be posted on these Terms and Conditions and will be effective immediately upon its posting. By surfing, using, browsing or purchasing on this Website, you are deemed notified and bound by any changes to these Terms and Conditions. If you do not accept these revisions to the Terms and Conditions, then you must immediately stop using this Website. We encourage users to review these Terms and Conditions each time you visit this Website to remain informed of any changes to them. Any revisions to these Terms and Conditions will not apply retroactively to disputes arising prior to the adoption of the revisions.

Electronic Communications

When you visit this Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Consent

By accessing, browsing and/or using this Website, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions and you agree to comply with all applicable laws and regulations. If you do not agree to these terms then please do not use this Website.

Privacy Policy

The privacy of those who visit our Website is of primary concern to WOW Fitness. We adhere to the highest ethical standards of the industry. We automatically gather some data from everyone who visits our Website, while other information is obtained at the discretion of the individual. Our sole purpose in doing this is to enhance the experience of individual visitors to our Website. None of this information is shared with outside parties other than companies we employ to perform functions on our behalf, to whom limited data is given as is necessary in order to complete a transaction or to maintain or relationship with you.

Cookies

WOW Fitness reserves the right to store information on your computer in the form of a cookie or similar file for purposes of modifying this Website to reflect your preferences. Cookies allow us to respond to you as an individual, thus allowing us to personalize, customize and quickly process and complete your experience without having to continually request the same basic information from you. Cookies do not give us access to your computer or any information about you, other than the data which you choose to share with us, and are not used to store any personal information such as name, address or payment information.

Disclosure to Authorities

WOW Fitness cannot guarantee that all private communications and other personally identifiable information will never be disclosed in ways not otherwise described in these Terms and Conditions. We reserve the right, and may be forced, to disclose any and all information to government bodies or government officials or third parties under certain circumstances or third parties may unlawfully intercept or access transmissions or private communications. As such, you authorize WOW Fitness to disclose any and all information about you to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with any investigation of fraud, intellectual property infringements or other activity that is, or may be, illegal or that may expose WOW Fitness to legal liability.

Indemnification

Unless the laws of the Indian which may provide to the contrary are applicable to you, you agree to indemnify, defend and hold harmless WOW Fitness, its affiliates, subsidiaries, officers, directors, owners, employees, agents, contractors, licensors and licensees, representatives, successors or assigns, from all damages, liabilities, costs and expenses, including reasonable attorneys’ fees, on account of any claim, suit, action, demand or proceeding made or brought against any such party, or on account of the investigation, defense or settlement thereof, arising in connection with your use of this Website.

DMCA Agent Designation

In the event that you believe that you have a claim for copyright infringement for anything posted on this Website, a takedown notice can be directed to our DMCA agent who can be contacted as follows:  Raghu, WOW Fitness Hyderabad, India 502032, 8801802000, raghu@wowfitness.in.

Repeat infringers of copyrighted material may have their account with WOW Fitness revoked or lose their access to this Website.

Governing Law

    1. These Terms and Conditions and your use of the Website/Mobile Application shall be governed by and shall be construed in accordance with the laws of India. All disputes relating to this Agreement shall be settled in the courts located at Hyderabad, Telangana .
    2. Any cause of action arising out of a User’s use of Services must be commenced within 30 (thirty) days after:
    3. a. when such cause of action accrues; or b. such User becomes aware of the facts giving rise to the cause of action, whichever is later, else, such cause of action shall be permanently barred.

Dispute Resolution

Binding Arbitration

If any dispute, controversy or claim arises under this Agreement or in relation to any WOW Service or the WOW Platform, including any question regarding the existence, validity or termination of this Agreement or T&Cs (hereinafter Dispute), the parties shall use all reasonable endeavours to resolve such Dispute amicably. If the parties are unable to resolve the Dispute amicably within 30 days of the notice of such Dispute, WOW may elect to resolve any Dispute by a binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996 (hereinafter Act). Such Dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The Dispute shall be resolved by a sole arbitrator, appointed in accordance with the Act. The seat of the arbitration shall be Hyderabad and the language of this arbitration shall be English. Either You or WOW may seek any interim or preliminary relief from a court of competent jurisdiction in Hyderabad necessary to protect the rights or the property belonging to You or WOW (or any of our agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither You nor WOW may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcing the arbitration award. All administrative fees and expenses of arbitration will be divided equally between You and WOW. In all arbitrations, each party will bear the expense of its own lawyers and preparation. This paragraph shall survive termination of this Agreement.

Limitations on Actions

Unless the laws of the Indian which may provide to the contrary are applicable to you, any action concerning any dispute that you may have with respect to, arising out of, or in connection with this Website must be commenced within one (1) year after the cause of the dispute first arises, and your failure to do so will permanently bar any cause of action that you may have.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law,

a. no arbitration shall be joined with any other proceeding;

b. there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and

c. there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration:

a. any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party;

b. any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and

c. any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Your Representations

You represent that you are 18 years of age or older and that you are not under any legal or other disability which limits your ability to comply with these Terms and Conditions.