TERMS OF USE

These terms of use ("Terms of Use") mandate the terms on which the users access and/or register on the 'Cult.fit' website, m-web and mobile application (collectively referred to as the "Platform"), operated by Diverse Retails Private Limited (hereinafter referred to as "We" or "Our" or "Us" or "Company"), and the Platform Services (as defined below), provided through the Platform, as detailed under Section I (Applicability) below.

This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

Please read the Terms of Use and Privacy Policy (together hereinafter referred to as "Agreement") carefully before using or registering on the Platform or accessing any material, information or Platform Services through the Platform. Your access to or use of the Platform (even when You do not avail of or provide any services on the Platform) or booking, purchase or availment of the Platform Services shall signify (i) Your acceptance of the Agreement and Your acceptance to be legally bound by the same; (ii) You are above 18 years of age and competent to enter into this Agreement. These Terms of Use do not alter in any way the terms or conditions of any other written agreement you may have with the Platform for other services.

APPLICABILITY

These Terms of Use applies to all the users of the Platform including:

• Any supplier of goods/services (whether an individual, professional or an entity, or similar institution) on the Platform, directly or indirectly, including designated / authorised associates, employees, partners and practitioners thereof ("Partner", "You", "Your" or "Users"); or
• An individual who accesses and/or registers on the Platform and/or places a request for Services (as defined below) or Products (as defined below) on the Platform ("End-User", "You", "Your" or "Users").

PLATFORM SERVICES

You acknowledge that the Platform is a web service that allows You to avail services / buy products directly from the Company as well as from various Partners. Some of the services (collectively, the "Services") and products (collectively, the "Products") available on the Platform and provided by Company / Partners are listed below:

• Physical fitness centre memberships / classes and allied services under the brand name 'Cult.fit'/ 'Cult' /'Gold's'/ 'HRX'/ 'Fitness First' or any other brand name(s), and sports centre memberships / classes and allied services under the brand name 'CultPlay'/ 'Cult Academy' or any other brand name(s) (collectively referred to as "Fitness Services")
• Memberships sold by Curefit Services Private Limited ("CFS") ("CultPass Services") and Jogo Technologies Private Limited ("CultPlay Services"), granting access to various underlying services, including Fitness Services, services from third-party fitness centres, gyms, studios, training centres, etc.
• Single session / subscription based digital services / products on the Platform, like recorded audio and/or video content, real time online training services ("Digital Services")
• Appointments with registered diagnostics labs for providing diagnostic services ("Care.fit Services")
• Purchase supplements such as personal care, protein powders, vitamins etc., smartwatches, fitness equipment including cardio products, accessories and original merchandise

FITNESS SERVICES, CULTPASS SERVICES AND CULTPLAY SERVICES

• You are eligible to use the Fitness Services, CultPass Services and CultPlay Services only when You fulfil the Eligibility Criteria
• Your access to physical fitness centres shall be limited to the operational hours
• You agree that the Fitness Services, CultPass Services and CultPlay Services offered herein, by their very nature, include certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries
• You acknowledge and agree to avail all of the aforementioned Services at Your own risk and responsibility
• Any memberships / sessions / classes bought or booked by You are non-transferrable and non-refundable

ELIGIBILITY TO USE

• The Platform Services are not available to minors i.e., persons under the age of 18 (eighteen) years
• You represent that You are of legal age to form a binding contract
• You further confirm and agree that You are physically and mentally fit to use the Platform Services
• The Company reserves the right to refuse access to the Platform or Platform Services to new Users or to terminate access granted to existing User(s) at any time

USER ACCOUNT, PASSWORD, AND SECURITY

In order to avail the Platform Services, You will have to register on the Platform by providing details about Yourself, including Your name, address, contact details and such other details as may be required. You shall ensure that the Account information provided by You is complete, accurate and up-to-date.

FEES, CHARGES AND SUBSCRIPTIONS

You agree to pay for all fees (including platform fees) and charges incurred while using the Platform Services. Additional taxes or third party charges may apply. Non-recurring subscription(s) are non-cancellable.

REFUND POLICY

• Fitness Services, CultPass Services and/or CultPlay Services: Any memberships / sessions / classes / activity bookings bought by You are non-refundable, non-exchangeable, non-saleable and non-transferrable.
• Digital Services: You may request cancellation of your subscription to the Digital Services before the respective renewal date to avoid billing of the next period's subscription fee.

INTELLECTUAL PROPERTY RIGHTS

The Platform and the processes, including all text, videos, graphics, user interfaces, photos, visual interfaces, sounds and music, artwork and computer code on the Platform is owned and controlled by the Company and/or its licensors and is protected by copyright, patent and trademark laws.

DISCLAIMER OF WARRANTIES & LIABILITY

The Platform, Platform Services and other Content are provided by the Company on an "as is" basis without warranty of any kind, express, implied, statutory or otherwise. The Company will not be liable for any loss that You may incur as a consequence of unauthorized use of Your Account or Account information.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless the Company and its affiliates from and against any and all losses, liabilities, claims, damages, demands, costs and expenses arising out of Your use of the Platform or Platform Services.

GOVERNING LAW

These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals, fora, applicable authorities at Bangalore.

GRIEVANCE REDRESSAL

In the event You come across any abuse or violation of these Terms of Use or if You become aware of any objectionable content on the Platform, please report the same to: hello@cult.fit

Grievance Officer:
Name: Mr. Devangam Nagaraju Kishore Kumar
Email: grievance@diverseretails.com
Postal address: Diverse Retails Pvt. Ltd., Goodworks, BHIVE Workspace, No. 112, AKR Techpark, A Block, 7th Mile, Hosur Road, Krishna Reddy Industrial Area Bangalore Karnataka 560068 India

COMMUNICATIONS

By using/accessing the Platform and/or registering yourself for the Platform Services, You hereby expressly agree to receive communications by way of phone call, SMS, WhatsApp and/or e-mails from the Company, Vendors and other third parties relating to the Platform Services.

Copyright. All rights reserved.