TERMS AND CONDITIONS
These Terms and Conditions govern your use of our fitness program and your relationship with Fume Shredding Hub LLP (“FUME,” “Company,” “we” or “us”). Please read these terms carefully as they affect your rights and liabilities under the law.
FUME, its employees, agents or representatives are not engaged in rendering medical advice. FUME, its employees, agents or representatives do not hold themselves as qualified to do so.
We strongly recommend that you seek professional medical advice before embarking on any diet or exercise program.
1. This Training Program provides an online training service through which you can purchase our fitness and diet programs. These terms will apply to all users (“you”) of the Training Program and all purchasers of Products. By using the Training Program or by purchasing any Products from us, you agree to be bound by these Terms and Conditions.
2.Please note that these Terms and Conditions may be amended from time to time. In continuing to use the Training Program you confirm that you accept the new Terms and Conditions in full at the time you use the Program. In case you have restarted your coaching, you will resume with the new terms & conditions.
3. We will offer through FUME Online coaching, Meal Plans and Workout Videos
4.We will only communicate on (WhatsApp/Telegram) or email. There will be additional voice/video calls during the course of coaching for Personal Transformation programs e.g. Elite Coaching, Gold and Platinum Program for specific duration (1 month, 3 months and 6 months respectively).
5.In consideration of being allowed to participate in the fitness and workout Coaching services offered by FUME and to use its fitness and workout Coaching Services, in addition to the payment of any fee or charge, you do hereby waive, release and forever discharge and hold harmless FUME and its coaches, consultants, officers, agents, and employees from any and all responsibility, liability, cost and expenses, including injuries or damages, resulting from your participation in any activities, or your use of any Fitness and Workout Coaching Services. You do also hereby release FUME, its coaches, consultants, officers, agents and employees from any responsibility or liability for any injury, damage or disorder (physical, metabolic, or otherwise) to you, or in any way arising out of or connected with your participation in any activities with FUME.
You understand and you are aware that strength, flexibility, and aerobic exercise, including the use of equipment are a potentially hazardous activity. You also understand that fitness activities involve a risk of loss of personal property, serious injury and even death, and that you are voluntarily participating in these activities and using equipment and machinery with knowledge of the risk involved. You hereby agree to expressly assume and accept any and all risks of loss of personal property, serious injury or death related to said fitness activities. In addition, You certify that you are 18 years of age or older. You do hereby further declare yourself to be physically sound and suffering from no condition, impairment, disease, infirmity or other illness that would affect nutrient metabolism or prevent your participation or use of equipment or machinery except as hereinafter stated. And You also agree that if you are suffering from any ailment or any medical condition you have to inform and produce relevant documents to FUME before beginning any fat loss effort regimen, physical activities or any other plans that may be referenced, discussed or offered under the Services. You do hereby acknowledge that FUME has recommended to you to obtain a physician’s approval for your participation in an exercise/fitness activity or in the use of exercise equipment and machinery. You also acknowledge that FUME has recommended that you have a yearly or more frequent physical examination and consultation with your physician as to physical activity, exercise and use of exercise and training equipment so that you might have his/her recommendations concerning these fitness activities and use of equipment. You acknowledge that you have either had a physical examination and been given your physician’s permission to participate, or that you have decided to participate in activity and use of equipment, machinery, and programs designed by FUME without the approval of your physician and do hereby assume all responsibility for your participation and activities, and utilization of equipment and machinery in your activities.
6. FUME does not provide professional medical services or advice. the services provided by the coaches/training specialists and available on the website and/or mobile app do not contain or constitute, and should not be interpreted as medical advice or opinion. no doctor-patient relationship is created. use of the services is not for medical emergencies. If you think you have a medical emergency, consult your doctor. Your use of the services does not create a doctor-patient relationship between you and any of the fume parties (including, without limitation, coaches) or any of fume service users).
7.The Nutrition/Training Plans provided by the coaches/training specialists and available on FUME are not meant to treat or manage any health condition. Always consult with your healthcare provider prior to adjusting your current style of eating or beginning any new Nutrition and/or training plan. You understand that you are agreeing to the terms of the Company i.e FUME having known that beforehand and understand that not following the instructions and structured Nutrition Plans entirely and regularly will not produce 100% results.
8.You are solely responsible for creating and implementing your own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the use of the Services and Your interactions with the Coach. As such, You agree that the Coach is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any services provided by the Coach. You understand coaching is not therapy and does not substitute for therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease.
9.You acknowledge that coaching does not involve the diagnosis or treatment of mental disorders as defined by the Indian Psychiatric Society Association and that coaching is not to be used as a substitute for counselling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, medical or other qualified professionals and that it is the Your exclusive responsibility to seek such independent professional guidance as needed. If You are currently under the care of a mental health professional, it is recommended that You promptly inform the mental health care provider of the nature and extent of the coaching relationship agreed upon by You and the Coach.
10.You understand that in order to enhance the coaching relationship, You agree to communicate honestly, be open to feedback and assistance and create the time and energy to participate fully in the program.
11. The fees payable in respect of the products and services will be clearly communicated to you prior to the commencement of the Training Program.
12.Once you sign up and pay the requisite fees for the program, cancellation of the subscription is not allowed.
13.It’s important to note, specific results are NOT typical and are NOT guaranteed. So your results may vary, because every man and woman is unique. Especially when we consider how many different male and female “body types” are there. Our weight loss tips are not designed to treat, cure or prevent any disease. Consult with a qualified medical professional if you are pregnant, plan on becoming pregnant, nursing, taking any medications, or had any illness in the past before starting our program. We are not giving any medical advice and all information on this weight loss plan is for informational purposes only. During the program , if you face any medical issues like low BP, high BP, Sugar Spiking, joint pain etc we will not be held liable for that and immediately take medical support. By using our tips, you are doing so at your own risk and knowingly waive all rights to make any legal claims against the site owners. There is no pause, extension or transfer of the program . There will be no refund on any of the subscription plans under any circumstances.
14. You can contact us on Email – contact@fume.fit
15. When you register as a member we will ask that you provide certain personal information including but not limited to your name, email address, postal address, and your payment details. Any personal information you provide to us will be handled in accordance with our Privacy and Data Protection Policy which can be shared with you upon request.
16.You agree that all personal information that you supply to us will be accurate, complete and kept up to date at all times. We may use the information provided to us to contact you.
17.On your purchase of the relevant Product, we will grant to you, for your own personal use only, a limited, non-exclusive, non-transferable license to access our training program and (as the case may be) access fitness video on a streaming only basis and access and download PDFs . You are not permitted to share any of the content licensed under these terms with any other individuals except for the foregoing limited license, no right, title or interest shall be transferred to you
18. Although we aim to offer you the best service possible, we make no promise that the Training Program will meet your requirements. We cannot guarantee that the Training Program will be fault-free.
19. FUME will have no liability for any personal injury which is caused to you as a result of your use of the Training Program.
20.FUME, its employees, agents or representatives is not engaged in rendering medical advice. FUME, its employees, agents or representatives do not hold itself as qualified to do so.
21.We strongly recommend that you seek professional medical advice before embarking on any diet or exercise program.
22.Any exercise program, even in healthy individuals, carries risk. You have a responsibility to exercise you own personal judgment, as well as any other considerations, before acting on any of the content provided by us.
23.The information that is provided by FUME for the nutrition program/fitness program may not be 100% accurate in terms of nutritional values which includes calories, macronutrients and micronutrients and the customer will not hold FUME responsible for any personal injury caused as a result of such information.
24.Where we provide you with a Training Program, the information contained therein should not be regarded as or relied upon as being a comprehensive health or exercise program. Accordingly any actions that you take in relation to a personal plan should not be pursued regardless or to the exclusion of other information, opinions or judgments that are available to you.
25.Any Training Program will have been prepared on the basis of information provided by you. You are responsible for the accuracy of any information that you provide to us. You are responsible for informing us of any health issues or medical conditions when asking us to prepare a Training Program.
26.Before taking any action in relation to a Training Program, you must take into account any other factors apart from the Training Program of which you are or ought to be aware. For example, we always recommend that you seek professional medical advice before embarking on any exercise program. Your decisions to engage in any exercise program should take into account any medical or other professional advice that is available to you as well as using your own personal judgment as to what activity is safe for you to engage in.
27. The information set out in any Training Program may relate to certain contexts and may not be suitable in other contexts. It is your responsibility to ensure that you do not use the information we provide in the wrong context. For example, where a program was tailored for a woman who was not pregnant, this would not be appropriate for her to use after becoming pregnant.
28.You are responsible for informing us of any health issues and pre-existing medical conditions when you ask us to prepare a Training Program. Any information that we provide that does not form part of the Personal Training Program, whether obtained through our website, video course, social media (such as Facebook, Instagram or Twitter) or otherwise, is provided for the purposes of general information only.
29. While we believe that for most people, following our programs and methods will lead to desired results. All exercise programs depend on the individual. Result will be affected by the effort and commitment of the individual, however in some circumstances even where an individual follows our program may not achieve the desired results. We therefore provide no warranties of any kind, express or implied, as to: the effectiveness of any techniques, diets or programs that we deliver or the results that you may achieve as a result of following our programs.
30.We request that all personal information that you provide is accurate, current and complete. All notices sent to you will be sent to the email address provided with your registration details (as updated by you). By accepting these terms you give your consent to receive communications from us by email and you agree that all agreements, notices, disclosures and other communications that we provide to you by email satisfy any legal requirement that such communications be in writing. Any personal information that you provide to us will be handled in accordance with our Privacy and Data Protection Policy which can be provided to you upon request
31.The format and content our Training Programs and Products are protected by The Indian Copyright Act and we reserve all rights in relation to our copyright whether owned or licensed to us and all rights are reserved to any of our registered and unregistered trademarks (whether owned or licensed to us) which appear on any of our Training Programs or Products. This contents of any of our Training Programs or Products may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not systematically extract and/or re-utilise parts of the contents of the Training Programs or Products without our express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of the Training Programs or Products without our express written consent.
32. You shall comply with all foreign and local laws and regulations which apply to your use of our Training Programs or Products in whatever country you are physically located, including without limitation, consumer law, export control laws and regulations.
33. These conditions are governed by and construed in accordance with the laws of the Union of India and the State of Karnataka. You agree, as we do, to submit to the jurisdiction of the courts in Bangalore, India. If you breach these Terms and Conditions and we decide to take no action or neglect to do so, then we will still be entitled to take action and enforce our rights and remedies for any other breach. We will not be responsible for any breach of these Terms and Conditions caused by circumstances beyond our reasonable control. We may make changes to the format of the Training Program or Products at any time without notice.The pictures of your physique updates sent by you to FUME with respect to the progress that you have made after signing up for the program, should be taken in the same outfit/clothing. If the picture sent by is a picture that is taken of your reflection in the mirror, then every picture taken should be of the same distance from the mirror. The pictures you sharing in group as part of transformation can be used by us as testimonials on social platform without consent. If you are a minor, then a No-Objection Certificate (“NOC”) should be issued by your parents/guardian giving consent for using the programs provided by FUME. A minor can enroll in a program provided by FUME only once the NOC is provided. All the above-mentioned clauses which are mentioned in the above mentioned “Terms and Conditions” will apply for the minor too in entirety.
34. It is your duty to send in daily meal and weight updates and weekly physique updates to FUME. FUME will follow up with you regarding the same, but will not be held liable for any failure on your part to provide the daily meal and weekly weight updates or physique updates.
These Terms and Conditions and any policies or operating rules posted by FUME on the Website/Mobile Application or in respect to the Website/Mobile Application constitute the entire agreement and understanding between you and FUME. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. These Terms and Conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Website/Mobile Application. You agree that these Terms and Conditions will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.
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1st floor, 677, Sector 1, 27th Main, 13th Cross, Sector 1, HSR Layout, Bengaluru (Bangalore) Urban, Karnataka, 560102 |