These terms and conditions

These terms and conditions mandate the day-to-day business activity and services on which both users who has access and register on the website and fitness trainers (Yoga, Pilates, Zumba, Aerobic, dance, nutritionists, dieticians, etc) further referred to as ‘vendors’ who are listed and have access to this E-commerce website operated by Ardouro Technologies Private Limited, parent company of brand – Sakhiee. The terms ‘We’, ‘us’, ‘our’ refer to the company and ‘you’, ‘your’, ‘yourself’ refer to the users and fitness trainers.

Please read the Terms & conditions, Privacy policy and content policy carefully before using or registering on the website or accessing any material, information or any services provided through the website. Your use of the website or the website services signifies your acceptance of the Terms and conditions, Privacy policy, content policy and your agreement to be legally bound by the same.

• Our Services

You agree that the Website allows you to avail services through its vendors (fitness trainers) as well as directly from the company through online mode. The Services that are available on the Website are:

Booking of trial class or appointment for free consultation of fitness class services and diet related appointments.

Purchase of monthly class bookings for 1 or more months of fitness class services given by vendors (fitness trainers)

Purchase of booking appointment for diet consultation given by vendors (nutritionists and dieticians, etc)

The company shall make available the facility of website services while providing services like account creation, management, payment options, management of services, purchase of services, transaction summary, etc. to you by allowing you to register and access the website on the terms and conditions set under this document.

• Acceptance of Terms and Conditions

These Terms and the Order (as defined below) set out the whole agreement between you and us for the supply of the Website Services.

Please check that the details in these Terms and on the Order are complete and accurate before you use or commit yourself to availing the Website Services. If you think that there is a mistake, please make sure that you ask us to confirm any changes in writing.

Manner of acceptance of Terms and conditions: Use of and access to the Website is provided to you upon the condition of acceptance of all the terms, conditions and notices contained in these Terms and conditions, along with any amendments made by the Company at its sole discretion and posted on the Website. By (i) using this Website or any Website Services in any way; or (ii) merely browsing the Website, you agree that you have read, understood, and agreed to be bound by these Terms and conditions available at our website. If you disagree with the Terms and conditions, you may cancel your Subscription Program (defined below). For details, please see the Suspension and Cancellation of Subscription Program under these Terms.

Storage of personal information: As part of your use of the Website, you affirmatively consent that you have read and understood the Terms and conditions and Privacy Policy and hereby consent to the collection, processing, storage, disclosure and/or transfer of your personal information in accordance with the Privacy Policy. You further agree and confirm that the security practices and procedures implemented by the Company are reasonable and sufficient for the protection of your personal information that is collected and stored by the Company.

Usage of personal information and communication: Sakhiee shall use your Personal Information to ensure proper services with respect to the Website are presented to you in the most effective manner, to secure the Website and make improvements, to carry out our obligations to You, and to communicate with you. The said communication can either be by calls, text, WhatsApp text or emails and for purposes which include transactional, service, subscription renewal or promotional calls or messages. If at any time You wish to not receive any communication from our end, you can opt-out of the same by writing to us on ajit.healthier@gmail.com

Change of Terms and conditions: The Company reserves the right to change or update these Terms, or any other of our policies or practices, at any time, and will notify Users by posting such changed or updated Terms to www.sakhiee.com. Your continued use of the website denotes your agreement to abide by the Terms as modified. Under certain circumstances, we may also elect to notify you of changes or updates to our Terms by additional means, such as through e-mail notifications. 

• Subscriptions and Appointments

Subscription Programs to avail packages

Users may access the Website Services by subscribing to our packages through a subscription fee-based program or booking an online appointment for diet/nutrition consultation. Please read the fine prints of each Subscription Program, appointment and the Fitness Services before purchasing or subscribing, as the same provides all the details about the coverage and exclusions of the Subscription Program/appointment/the Fitness Services that you purchase.

The Company offers monthly, quarterly, half-yearly and annual subscription options. For the purposes of our subscriptions, a month constitutes 30 calendar days, a quarter constitutes 90 calendar days (3 months), a half year constitutes 180 calendar days (6 months) and a year constitutes 365 calendar days (12 months).

Available Packages: The packages offered by the Company, details of subscription fees and any discounts on these packages, if applicable, will be reflected on the Website.

Purchasing the Subscription Program of packages: You can become a subscriber to the Subscription Program by purchasing a subscription to the Website Services from the website (“Order”). If your Order is acceptable to us, we will confirm your Order and send you an email to confirm your access to the subscription purchased. Our obligation to provide the Website Services shall arise only once we take receipt of your Order and send a confirmation regarding the same to you by email.

Purchasing of appointment booking: The Diet / nutrition consultation appointment offered on the Website can be purchased “Book an appointment”. The booking of the appointment totally depends on the availability of the vendor (Dietician / Nutritionist) and will only be confirmed after mutual agreement of availability and time of both member and vendor.

Access to Subscription Program: You will only have access to the Subscription Program while your subscription is active and subsisting. Services shall be available on the Website only upon purchase of the Subscription Program, and will continue until the end of your current subscription period. All appointments will be one time booking and non repetitive.

The Company reserves the right to not process or to cancel your Order/appointment in certain circumstances which the Company deems appropriate at its sole discretion. The Company also reserves the right, in its sole discretion, to take steps to verify your identity in connection with your Order. You may need to provide additional information to verify your identity before completing your Order. The Company will either not charge you or refund the charges for Orders that we do not process or cancel.

Subscription fees, charges and changes

Charging of Subscription Fees: All amounts are payable and charged (i) at the time you place your Order and, (ii) at the time of each renewal, using the Payment Details you have provided. 

Promo-codes and Discounts: In case of any promotional discounts offered by the Company through a discount code or voucher, not more than one discount code or voucher will be honoured at one time.

Auto-renewals: For subscriptions wherein the user has opted for auto-renewal there will be auto-debit at the renewal dates as shared at the time of subscription. Changing the Subscription Program and Fee: We reserve the right to change our Subscription Programs or adjust pricing for our Website Services or any components thereof in any manner and at any time as the Company may determine in our sole and absolute discretion. Any price changes or changes to your Subscription Program will take effect following notice to you.

Polices related to booking/rescheduling/Missed classes/behaviour

Booking and Rescheduling of classes/sessions by Users: Users can book their batch in classes only in advance at the time of purchasing the subscription. Rescheduling of batch time can only be done with prior intimation to vendor/company. Users may cancel or reschedule appointments using the Website, subject to permitted cancellation and rescheduling timelines and availability of a time slot.

Rescheduling and Cancellation of classes by Company: The Company reserves the right to cancel or reschedule classes or appointments and the Company shall not be liable for any inconvenience or loss caused to you because of such rescheduling, cancellation and delay in performance or failure to meet its obligations.

Missed classes by users due to their own unavailability due to any unforeseen reason will not be added/rescheduled into their subscription days.

Behaviour Policies: Users must conduct themselves in an appropriate, ethical and a decent manner, and in accordance with the Terms and conditions to not interfere with the rights and comfort of other Users.

During the classes, you agree and permit the trainers to adopt necessary methods towards correcting your posture in line with the on-going exercise. If at any point discomfort is caused, we recommend you to stop the on-going exercise, take rest and start again only if you feel confident to do the exercise.

The company requests you keep a bottle of water, a napkin/towel, yoga mat, wear shoes all the time during the fitness class.

Right to deny admission: The Company reserves the right to review the usage of the Website Services by you. In the event the Company, based upon its sole discretion and wisdom, finds the behaviour of a User as inappropriate or unbecoming, we reserve the right to deny admission or to ask such User to leave the online class or vendor can remove from online class or suspend/cancel your membership/cancel your subscription in accordance with Clause 4.3.8 (ii) of these Terms.

Suspension and Cancellation of Subscription Program: The Terms and conditions will continue to apply until terminated by either you or the Company as set forth below.

Cancellation of Subscription Program by you –

If you object to the Terms of Use or wish to discontinue with your membership, you may (i) close your Account on the Website; and/or (ii) stop accessing the Website.

Refund of Subscription fee / Booking amount-

All Subscription Programs/appointment booking purchased by you are non-refundable, non-exchangeable, non-saleable and non-transferable after a period of 24hr of purchasing. In the event, you wish to discontinue with your Subscription Program/ appointment after 24hr, you will not receive a refund for the fees you have already paid for your current subscription period, and you will be entitled to receive the Website Services ordered until the end of your current subscription period or attend the appointment.

Cancellation of Subscription Program by us –

The Company may delist you or block your future access to the Website or suspend or cancel your membership/ terminate your Account if it believes, in its sole and absolute discretion that you have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms and conditions or anyway otherwise acted unethically. Notwithstanding anything in this clause, these Terms and conditions will survive indefinitely unless and until the Company chooses to terminate them.

In the event your usage of the Website Services violates our behaviour policies stated above, the Company may suspend or cancel your membership/ terminate your Account at any time for any reason in its sole discretion with or without notice to you. If any complaint is received against a User to the effect he/she has used the Website Services for the above purposes, then upon receiving such complaint, the Company reserves the right to terminate the Account / cancel User’s membership in question. The Company also reserves the right to initiate legal action against you.

The Company shall have the right to cease/terminate relationship with you unilaterally without any reason, and applicable amount or cash back (if any) shall be refunded to you subsequently.

Your access to the Website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or Website Services. We will restore your access to the Website as soon as reasonably practicable. In the event that the Website Services are still unavailable, please notify us by emailing at ajit.healthier@gmail.com.

Effect of cancellation–

Upon cancellation of the Subscription Program, the Company may delete any content or other materials relating to your use of the Website Services and the Company shall have no liability to you or any third party for doing so. However, your transactions and other details may be preserved by the Company for the purposes of tax or regulatory compliance

• Details on Membership

Availing membership

In order to avail the Website Services, you will be required to register on the Website by providing details about yourself, including your name, address, contact details and such other details as may be required on the Website and create an account (“Account”).

During Membership

Complete, true and accurate information: You confirm that the Account information and Payment Details (as defined below) provided by you are complete, accurate and up-to-date at all times. If there is any change in the Account information or Payment Details, you agree to promptly update such information. If you provide any information that is inaccurate, untrue, not current or incomplete or if the Company has reasonable grounds to suspect that such information is inaccurate, untrue, not current or incomplete, the Company has the right to suspend or cancel your Account and refuse any and all current or future use of the Website (or any portion thereof) at its discretion, in addition to any right that the Company may have against you at law or in equity, for any misrepresentation of information provided by you.

Confidentiality of information: You will be responsible for maintaining the confidentiality of your account information including confidentiality of your password for restricting access to your account, and are fully responsible for all activities that occur under your Account. You agree to immediately notify the Company of any unauthorised use of your account information or any other breach of security, and after that ensure that you exit from your account at the end of each login session. The Company will not be liable for any loss or damage arising from your failure to comply with this provision. You may be held liable for losses incurred by the Company or any other user of or visitor to the Website due to authorized or unauthorized use of your account as a result of your failure to your Account information secure and confidential.

You shall not have more than one active Account on the Website. Additionally, you are prohibited from selling, trading, or otherwise transferring your Account to another party or impersonating any other person for the purposing of creating an account with the Website.

Your account membership is non-transferrable, non-exchangeable and non-saleable.

Use of another User’s Account information for availing the Website Services is expressly prohibited.

Membership of Children / Minors

Individuals under the age of 18 (Children / minors) may utilize the membership(s) / sessions / book a class (including free of cost trial classes) or any activity, only with the involvement and consent of their parent or legal guardian, under the account / membership of their parent or legal guardian and subject to these Terms and conditions. In this regard, the parent or legal guardian of such Minor agrees to indemnify, defend and hold harmless the Company, its vendors and business partners from and against any and all losses, claims, damages, liabilities, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Company, its vendors and business partner(s) that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms.

• Payment Gateways and Services

All payments in respect of the Website Services shall be made to the Company through the Website. To the extent permitted by applicable law and subject to the Company’s Privacy Policy, you acknowledge and agree that the Company may use certain third-party vendors and service providers, including payment gateways, mobile application marketplaces to process payments and manage payment card information.

Representations during payment: In order to make payments online, you undertake to use a valid payment card or bank details or third party wallets or details required for any other mode of payment (“Payment Details”) with the authority to use the same, to have sufficient funds or credit available to complete the payment on the Website in good standing. By providing the Payment Details, you represent, warrant, and covenant that: (1) you are legally authorised to provide such Payment Details; (2) you are legally authorised to perform payments using such Payment Details; and (3) such action does not violate the terms and conditions applicable to your use of such Payment Details or applicable law. You agree that you are responsible for any fees charged by your mobile carrier in connection with your use of the payment services through your mobile. The Company shall use the Payment Details as described in the Company’s Privacy Policy. You may add, delete, and edit the Payment Details you have provided from time to time through the Website.

Transaction Details: The payment receipt for completion of a transaction and the transaction summary shall be provided by the respective Vendor on Website marketplace, or by the Company, as the case may be, and the payment receipt and transaction summary shall be sent to your registered email address.

You acknowledge and agree that, in the event you have made payments in respect of any Subscription Program / Booking appointment through your credit card, the Company is authorised to charge the same credit card as was used for the initial subscription fee. In case you wish to renew your Subscription Program, the renewal subscription fees will be billed to the Payment Details you provided, until you change the Payment Details.

Failed Transactions: Under any circumstances, except to the extent otherwise required by applicable law, the Company is not liable for any payments authorized through the Website using your Payment Details. Particularly, the Company is not liable for any failed payments that do not complete because of any of the following reason: (1) you have not provided the Company with correct Payment Details: (2) your payment card or bank account or third party wallet does not contain sufficient funds to complete the transaction or the transaction exceeds the credit limit in respect of the Payment Details provided; (3) your payment card details have expired; or (4) circumstances beyond the Company’s control (such as, but not limited to, power outages, interruptions of cellular service, or any other interferences from an outside force) which may not have allowed the execution of the transaction.

With regards to payments, the company shall not be responsible or liable for any unauthorised transactions conducted on our Website using your payment card or internet banking.

• Health/Medical Disclaimers

In the interest of your physical and mental wellbeing, you understand and acknowledge that

Disclaimer by Company:

The Company makes no claims, representations or guarantees that the Website Services offered would provide a therapeutic benefit to any of its Users. We hereby disclaim any guarantees of exactness as to the duration, type, satisfaction from the Fitness Services provided by us.

The Company is not a health care provider or a medical device provider and that our Fitness Services are neither medical/health care advice, nor a replacement for, or are a form of, therapy, and that the Fitness Services are not intended to cure, treat, or diagnose any medical conditions which a User may have.

Inherent risks: The Fitness Services offered herein, by their very nature, include certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries and/or any kind of losses. You hereby assert that your participation is voluntary and that you knowingly assume all such risks and hence hereby release the Released Party (as defined below) of all liability arising out of such aforementioned risks;

Illness/Injury: You are aware of your physical limitations and medical history and that your participation by accessing and availing our Fitness Services may, in some circumstances, result in a physical injury or impact /worsen psychological condition or mental fitness. You also undertake that you are sufficiently self-aware and would stop any physical activities on the Website Services before you become ill or injured, physically or psychologically. You will not attribute any such illness/ injuries/loss to your health, of any kind, to the Website Services offered by us. Further, we make no representation, whatsoever, that Fitness Services provided by us are appropriate or safe for use.

You will not participate in the Website Services under the influence of heavy medication, drugs, alcohol or other mood-altering substances, or undertake the exercises/training offered through our Services while driving or operating any machinery.

Consultation by physician/healthcare provider (Doctor):

You would consult your physician or health care provider (Doctor) before enrolling for the Fitness Services offered by us/ booking our classes, in the event you are or expect/suspect to (a) be pregnant, or (b) wear a pacemaker, or (c) suffer from epilepsy or seizures, or (d) have a history of mental illness, or (e) have eating disorder, or (f) have diabetes, or (g) have any other physical/ psychological/ emotional/ medical condition, or (h) are taking any strong medication.

You will obtain the approval of your health care provider/doctor before participating in the Website Services, in the event you are over 60 years of age.

You, for yourself and for your heirs, next of kin, executors, administrators and assigns, fully release, waive and forever discharge any and all rights or claims of any nature whatsoever, including but not limited to any claims pertaining to a physical or mental injury or illness, or claims arising out of negligence of any Released Party (as defined below) or anyone else, that you may have now or in the future, against the Company, any of its vendors, affiliates, franchisees and their respective representatives, directors, officers, independent contractors, consultants, agents, employees or volunteer staff (“Released Party”), in relation to or in connection with or arising out of the availing of Website Services by you. Without limiting the foregoing, you further release any recourses which you may, now or hereafter, have resulting from any decision of any Released Party.

Without prejudice to the indemnity obligations under Clause 9 of these Terms, you agree to indemnify (reimburse for any loss) and hold harmless each Released Party from any loss or liability (including any reasonable legal fees they may incur) defending any claim made by you or anyone making a claim on your behalf, even if the claim is alleged to or did result from the carelessness or negligence of any Released Party or anyone else.

• Use of Website

Subject to adherence with the Terms and conditions, the Company grants you a non-exclusive, freely revocable (upon notice from the Company), non-transferable access and use of the Website, the Website Services and the content available on the Website. You agree to use the Website Services, Website and the materials provided therein only: (a) for personal, informational and internal purposes, in accordance with and as permitted by the Terms and conditions; (b) for purposes for which the Website Services are meant to be used; and (b) in accordance with any applicable law, regulation or generally accepted practices or guidelines. You agree not to engage in activities that may adversely affect the use of the Website by the Company/other Users.

By accessing the Website and using our Website Services, you acknowledge and give consent to receive, at any time, customer alerts, reminders, or any other communications from the Company, its employees, Vendors and/or its affiliates, or in relation to offers for other Fitness Services/ Website Services offered by the Company.

Feedback: If required by the company, as part of the Website Services provided to you, after availing such services, you agree to provide honest feedback/review about the concerned Website Service.

Although we aim to offer you the best service possible, we make no promise that the Fitness Services will meet your requirements and we cannot guarantee that the Fitness Services will be fault free. If a fault occurs in the Fitness Services, please report it to us at ajit.healthier@gmail.com and we will review your complaint and, where we determine it is appropriate to do so, correct the fault. If the need arises, we may suspend access to the Fitness Services while we address the fault. We will not be liable to you if the Fitness Services are unavailable for a commercially reasonable period of time.

You acknowledge and agree that by accessing or using the Website or Website Services, you may be exposed to content from others that you may consider indecent, offensive or otherwise objectionable. The Company disclaims all and any liabilities arising in relation to such content on the Website.

Uploading New Content: The Company may enable Users / Vendors to publish, post and upload, distribute any topic /material/information on the Website. You hereby agree and undertake to ensure that all such topic/material/information/data is appropriate and decent, and is not offensive, profane, defamatory, infringing, obscene. All such topic/material/information/data added, created, published, uploaded, submitted, distributed, disseminated or posted to the Website by you is your sole responsibility and the same shall be in accordance with applicable law. The Company reserves the right to review any topic/material/information provided/data uploaded, if any, by you on the Website and delete any topic/material/information/data that is inconsistent with these Terms and conditions

Prohibition of Users/Vendor – Without any prejudice to the forgoing, you further undertake no to:

Unlawful use or Disruption/Interference with use of Website

defame, abuse, harass, threaten or otherwise violate the legal rights of the Company or of others

collect or store data about other Users in connection with the prohibited conduct and activities set forth in this Section;

use any device or software to interfere or attempt to interfere with proper functioning of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website;

upload or distribute files that contain viruses or “Trojan horse”, or overloading or “flooding” or “mail bombing” or “crashing” or corrupted files, or any other similar software or programs that may directly or indirectly damage, interfere with, or disrupts access to, the Website or the Website Services (or the servers and networks which are connected to the Website) and another’s computer or provide you undue advantage or benefit in availing services;

engage in any activity that interferes with or disrupts the access to Website or Website Services (or the servers and networks which are connected to the Website);

use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company or its vendor or third parties.

disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Website.

Prohibitions for content;

Sell, rent, distribute, lease or license or commercially host or otherwise make any Content on the Website available to others

Copy, re-publish, post, modify, display, translate, transmit/distribute, reverse engineer, license, perform, create derivative works, or sell any information or software obtained from the Website through any medium without obtaining the necessary authorization from the Company

Alter or modify the content available on the Website

Prohibitions for access:

Attempt to access or access the Website through any means other than that provided by the company.

Attempt to get access by means like hacking or any other illegitimate methods to any section, portion or networks, computers, servers.

Circumvent the security and navigation of the website to mis-represent or reproduce any material / content not specifically made available through Website.

Exploit the information available or offered on the Website to reveal any other users personal details in private or public.

Violate any Terms and conditions, any government laws and rules forced within or outside India or any users’ right to privacy.

• IPR – Intellectual property Rights:

The Website, it’s content, structure and arrangement, including but not limited to, text, graphics, images, visual elements, interfaces, music, videos and art work, computer code/program is owned and controlled by the company. The logos and trademarks displayed on the Website are the intellectual property of the company / vendors. None of these can be used without prior content of the company / vendors whoever owns it.

• Indemnification and Limited Liability

In no event shall the company be liable for any consequential loss or damage arising out of or connected with the services provided through its Website any way whatsoever. You agree to indemnify, defend the company, it’s vendors, users, affiliates, employees, agents, contractors, etc and hold it harmless against any or all the losses.

• Violation of Terms and conditions

You agree that any unfair and unlawful business practice will constitute as a violation of terms and conditions. You acknowledge that these may cause an irreparable damage to the company, vendors or the users for which the monetary relief may be inadequate, so for this you consent that we may obtain any equitable relief that deems fit or appropriate to normalize the situation.

• Jurisdiction and Governing Laws

Subject to the Arbitration Clause mentioned below, only the Court of Competent Jurisdiction in Pune shall try and determine any cause of action howsoever from or under the order of services provided on the Website. These terms and conditions shall be governed by and construed in accordance with the laws of India.

Arbitration

In the event of any dispute or difference arising howsoever from or connected with the services provided by the company the standard arbitration clause of the Services will apply.

In the event of any dispute or difference arising howsoever from or connected with the services provided by the company, the same shall unless amicably resolved, be referred to Arbitration by two Arbitrators with each party appointing one Arbitrator. The arbitrators shall, before entering upon the references, appoint an Umpire, and in the event of a disagreement on the appointment of Umpire, the Umpire shall be appointed by the Chairman/President of the Hindustan Chamber of Commerce and industry or the Indian Council of Arbitration, New Delhi. Both the Arbitrators and the umpire shall be individuals normally residing or carrying on Profession in Pune.

The Arbitration proceedings shall take place at Pune. The award of the two Arbitrators or the umpire as the case may be, shall be final and binding on the two parties. This is an agreement for arbitration within the meaning of Indian Arbitration Act, 1940

• Grievance Redressal

In the event you experience or come across any abuse or violation of these terms and conditions or become aware of any socially objectionable content on the Website or if you wish to inform us about a grievance please report it to ajit.healthier@gmail.com

In case you wish to file a complaint for any lapses in Website service or you are dissatisfied by it, You shall do it so by first send a formal email to customer care at ajit.healthier@gmail.com prior to pursuing any other recourse. You agree to provide complete support to investigate the complaint by giving truthful information to the customer support team and find a reasonable solution amicably. The decision of the company for all complaints will be final and you agree to be bound by the same.

• Means of Notice Communication

You hereby completely agree to receive all sorts of communications like but not limited to occasional offers, survey forms, marketing content, website based communication emails and other communications from the company, Vendors or third parties related to Website.

You may opt-out or unsubscribe from receiving such communications by emailing to ajit.healthier@gmail.com. However this may limit the extent to which you may experience Website services.

All or any communications or notices from the company shall be served through your registered email or phone number.