Terms of Service

Last updated July 27, 2019

 

These Terms of services (“ToS”) are an agreement between Eople Internet Private Limited (“we”) and any person who is a user of the Gympanzee® (“mobile application”). Eople Internet Private Limited operates under the trade name Gympanzee®, which helps you get access to nearby gyms and book a workout session. To provide you such service, we operate through www.gympanzee.app (“website”) & Gympanzee® (“mobile application”) available to download from our website or through a registered distributor. By using our Gympanzee® application you agree to the following terms of services, which shall be amended from time to time to provide best possible user experience and safeguard your rights.

End-User License Agreement (EULA) of Gympanzee®

This End-User License Agreement ("EULA") is a legal agreement between You and Eople Internet Pvt. Ltd.

This EULA agreement governs your acquisition and use of our Gympanzee® software ("Software") directly from our website or indirectly through our authorized reseller or distributor (a "Reseller").

Please read this EULA agreement carefully before completing the installation process and using the Gympanzee® software. It provides a license to use the Gympanzee® software and contains warranty information and liability disclaimers.

If you register for a free trial of the Gympanzee® software, this EULA agreement will also govern that trial. By clicking "accept" or installing and/or using the Gympanzee software, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this EULA agreement.

If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the Software, and you must not accept this EULA agreement.

This EULA agreement shall apply only to the Software supplied by Eople Internet Pvt. Ltd. herewith regardless of whether other software is referred to or described herein. The terms also apply to any Eople Internet Pvt. Ltd. updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.

License Grant

Eople Internet Pvt. Ltd. hereby grants you a personal, non-transferable, non-exclusive license to use the Gympanzee® software for free on your devices in accordance with the terms of this EULA agreement.

You are permitted to download the Gympanzee® software on your smartphone under your control. You are responsible for ensuring your device meets the minimum requirements of the Gympanzee software.

You are not permitted to:

  • Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such things. This applies even after termination of this agreement.

  • Reproduce, copy, distribute, resell or otherwise use the Software for any commercial purpose

  • Allow any third party to use the Software on behalf of or for the benefit of any third party

  • Use the Software in any way which breaches any applicable local, national or international law

  • use the Software for any purpose that Eople Internet Pvt. Ltd. considers is a breach of this EULA agreement

Intellectual Property and Ownership

Eople Internet Pvt. Ltd. shall at all times retain ownership of the Software as originally downloaded by you and all subsequent downloads of the Software by you. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of Eople Internet Pvt. Ltd.

Eople Internet Pvt. Ltd. reserves the right to grant license to use the Software to third parties.

Termination

This EULA agreement is effective from the date you first use the Software and shall continue until terminated. You may terminate it at any time upon deleting all your existing accounts and thereby uninstalling the software.

It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.

Some clauses of this agreement shall remain in force even after termination.

Governing Law

This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the law in force in India. You shall hereby submit to the jurisdiction of the courts situated at Bhopal, India for the purpose of actions and proceedings arising out of the contract and the courts at Bhopal shall have the sole jurisdiction to hear and decide such actions and proceedings.

 

AGREEMENT TO TERMS

These Terms of Services constitute a legally binding agreement made between you (“user”), whether personally or on behalf of an entity (“you”) and Eople Internet Private Limited (“we,” “us” or “our”), concerning your access to and use of the Gympanzee®. You agree that by downloading the Gympanzee® application, you have read, understood, and agree to be bound by all of these Terms of Service. If you do not agree with all of these terms of use, then you are expressly prohibited from using the Gympanzee® application and you must discontinue use immediately.

Supplemental terms and conditions or documents that may be posted on the Gympanzee® application from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of service at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of service to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of service by your continued use of the Gympanzee® application after the date such revised Terms of Use are posted.

The information provided on the Gympanzee® application is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Gympanzee® application from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Gympanzee® application is intended for users who are at least 18 year old. Persons under the age of 18 are not permitted to use or register for the Gympanzee® application.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Gympanzee® application is our proprietary property and all information, source code, databases, functionality, software, website(www.gympanzee.app), Gympanzee® application designs, audio, video, text, photographs, and graphics on the Gympanzee® application (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the India, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Gympanzee® application “AS IS” for your information and personal use only. Except as expressly provided in these Terms of service, no part of the Gympanzee® application and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Gympanzee® application, you are granted a limited license to access and use the Gympanzee® application and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Gympanzee® application, the Content and the Marks.

USER REPRESENTATIONS

By using the Gympanzee® application, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of service; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Gympanzee® application through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Gympanzee® application for any illegal or unauthorized purpose; and (7) your use of the Gympanzee® application will not violate any applicable law or regulation.

The User accepts and acknowledges that Gympanzee® may change any of the Services at any time and from time to time without notice, including terminating the offering of any Service altogether. The User agrees that the User may at any time be barred from accessing any of the Services or from using the Gympanzee® application or from receiving any services or benefits from the application, if Gympanzee® determines the User to have violated the ToS or any other Service Agreements, if any representation or warranty made by the User is untrue in any respect or if Gympanzee® receives a court order or other legal action relating to the User Account. In addition the User agrees that, if the User violates any of these ToS or any applicable Service Agreement, Gympanzee® shall forfeit all Tokens accrued to the User in connection with the Gympanzee® application and there will be no refund of any fees prepaid by the User to Gympanzee®.

USER REGISTRATION

You may be required to register with the Gympanzee® application. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username, name, profile picture you selected if we determine, in our sole discretion, that such username, name, profile picture is inappropriate, obscene, or otherwise objectionable.

You agree to receive promotional, transactional and commercial communications from Gympanzee® through email or SMS.

SUBSCRIPTION, FEES AND PAYMENT

You may be required to purchase or pay a fee for subscription packages that we offer in order to access some of our services. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Gympanzee® application. You further agree to promptly update account and payment information, including email address, mobile number, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.  We bill you through an online billing account for purchases made via the Gympanzee® application. Goods & Service tax will be added to the price of purchases as deemed required by us. We may change prices at any time. We have all the rights to add, change or delete a subscription package at any time without giving any notice to you. All payments shall be in Indian rupees.

You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. If your purchase is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Gympanzee application.

OUR FEES

When registering with Gympanzee, you may select to create a free account. No credit card information is needed at this time but your access to our platform’s features will be limited. You can access our pricing on the following page here: https://www.gympanzee.app/pricing or on the Buy section of Gympanzee application.

If you choose to do so, you may select a paid account that fits your needs. We offer a variety of plans, all available on the page above. Users who previously created accounts and have prior plans with us are able to continue using their prior payment plan unless they upgrade or downgrade their accounts. Any upgrades will occur immediately at a prorated rate. Any downgrades to a user’s account will take place following the end of their current payment term.

TRANSFER & CANCELLATION

You can transfer your subscription in part or full (maximum 100 tokens in a month) to an existing Gympanzee user at any time before the expiration of your plan.

You can cancel your subscription at any time by logging into your account. Your cancellation will take effect immediately. All Gympanzee subscription info will be deleted upon the end of the subscription.

If you are unsatisfied with our services, please email us at support@gympanzee.app

PROHIBITED ACTIVITIES

You may not access or use the Gympanzee application for any purpose other than that for which we make the Gympanzee application available. The Gympanzee application may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Gympanzee application, you agree not to:

  1. Systematically retrieve data or other content from the Gympanzee application to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

  2. Make any unauthorized use of the Gympanzee application, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

  3. Use a buying agent or purchasing agent to make purchases on the Gympanzee application.

  4. Use the Gympanzee application to advertise or offer to sell goods and services.

  5. Circumvent, disable, or otherwise interfere with security-related features of the Gympanzee application, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Gympanzee application and/or the Content contained therein.

  6. Engage in unauthorized framing of or linking to the Gympanzee application.

  7. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

  8. Make improper use of our support services or submit false reports of abuse or misconduct.

  9. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

  10. Interfere with, disrupt, or create an undue burden on the Gympanzee application or the networks or services connected to the Gympanzee application.

  11. Attempt to impersonate another user or person or use the username of another user.

  12. Sell or otherwise transfer your profile.

  13. Use any information obtained from the Gympanzee application in order to harass, abuse, or harm another person.

  14. Use the Gympanzee application as part of any effort to compete with us or otherwise use the Gympanzee application and/or the Content for any revenue-generating endeavor or commercial enterprise.

  15. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Gympanzee application.

  16. Attempt to bypass any measures of the Gympanzee application designed to prevent or restrict access to the Gympanzee application, or any portion of the Gympanzee application.

  17. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Gympanzee application to you.

  18. Delete the copyright or other proprietary rights notice from any Content.

  19. Copy or adapt the Gympanzee application’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

  20. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Gympanzee application or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Gympanzee application.

  21. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).

  22. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Gympanzee application, or using or launching any unauthorized script or other software.

  23. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Gympanzee application.

  24. Use the Gympanzee application in a manner inconsistent with any applicable laws or regulations.

  25. Harass, annoy, intimidate, misbehave or threaten any of our existing users or suppliers, and cause or attempt to cause any damage to our supplier gyms. We have the right to cancel your account immediately upon receiving a report from other Gympanzee user or suppliers and no refund shall be made in respect of the active subscription packages that you had in your account at the time of cancelling your account. Further, legal actions would be taken against you for the damages that you have caused to our users or suppliers and to us, by defaming our reputation in the market.

USER GENERATED CONTRIBUTIONS

The Gympanzee application may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Gympanzee application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Gympanzee application and through third-party website or applications. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.

  1. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Gympanzee application, and other users of the Gympanzee application to use your Contributions in any manner contemplated by the Gympanzee application and these Terms of Use.

  2. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Gympanzee application and these Terms of Use.

  3. Your Contributions are not false, inaccurate, or misleading.

  4. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

  5. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).

  6. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

  7. Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.

  8. Your Contributions do not violate any applicable law, regulation, or rule.

  9. Your Contributions do not violate the privacy or publicity rights of any third party.

  10. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.

  11. Your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors;

  12. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.

  13. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Any use of the Gympanzee application in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Gympanzee application.

CONTRIBUTION LICENSE

By posting your Contributions to any part of the Gympanzee application, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Gympanzee application. You are solely responsible for your Contributions to the Gympanzee application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Gympanzee application; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Gympanzee application (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

THIRD-PARTY WEBSITE, APPLICATIONS AND CONTENT

The Gympanzee application may contain (or you may be sent via the Gympanzee application) links to other website, applications (“Third-Party website or application”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party website or applications and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Website or applications accessed through the Gympanzee application or any Third-Party Content posted on, available through, or installed from the Gympanzee application, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Website or applications or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Website or applications or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Gympanzee application and access the Third-Party Website or applications or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Website or application to which you navigate from the Gympanzee application or relating to any applications you use or install from the Gympanzee application. Any purchases you make through Third-Party Website or applications will be through other Website or applications and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Website or applications and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Website or applications.

GYMPANZEE APPLICATION MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Gympanzee application for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Gympanzee application or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Gympanzee application in a manner designed to protect our rights and property and to facilitate the proper functioning of the Gympanzee application.

PRIVACY POLICY

PRIVACY POLICY

Eople Internet Private Limited ("us", "we", or "our") operates the www.gympanzee.app website and the Gympanzee mobile application (the "Service").

This page informs you of our policies regarding the collection, use, and disclosure of personal data when you use our Service and the choices you have associated with that data.

We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions.

Information Collection And Use

We collect several different types of information for various purposes to provide and improve our Service to you.

Types of Data Collected

Personal Data

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you ("Personal Data"). Personally identifiable information may include, but is not limited to:

  • Email address

  • First name and last name

  • Phone number

  • Address, State, Province, ZIP/Postal code, City

  • Cookies and Usage Data

  • Debit/Credit card details

Usage Data

We may also collect information that your browser sends whenever you visit our Service or when you access the Service by or through a mobile device ("Usage Data").

This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When you access the Service by or through a mobile device, this Usage Data may include information such as the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data.

Tracking & Cookies Data

We use cookies and similar tracking technologies to track the activity on our Service and hold certain information.

Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

Examples of Cookies we use:

  • Session Cookies. We use Session Cookies to operate our Service.

  • Preference Cookies. We use Preference Cookies to remember your preferences and various settings.

  • Security Cookies. We use Security Cookies for security purposes.

Use of Data

Eople Internet Private Limited uses the collected data for various purposes:

  • To provide and maintain the Service

  • To notify you about changes to our Service

  • To allow you to participate in interactive features of our Service when you choose to do so

  • To provide customer care and support

  • To provide analysis or valuable information so that we can improve the Service

  • To monitor the usage of the Service

  • To detect, prevent and address technical issues

Transfer Of Data

Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

If you are located outside India and choose to provide information to us, please note that we transfer the data, including Personal Data, to India and process it there.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Eople Internet Private Limited will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

Disclosure Of Data

Legal Requirements

Eople Internet Private Limited may disclose your Personal Data in the good faith belief that such action is necessary to:

  • To comply with a legal obligation

  • To protect and defend the rights or property of Eople Internet Private Limited

  • To prevent or investigate possible wrongdoing in connection with the Service

  • To protect the personal safety of users of the Service or the public

  • To protect against legal liability

Security Of Data

The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

Service Providers

We may employ third party companies and individuals to facilitate our Service ("Service Providers"), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.

These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Analytics

We may use third-party Service Providers to monitor and analyze the use of our Service.

  • Google Analytics

Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.

For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en

  • Firebase

Firebase is analytics service provided by Google Inc.

You may opt-out of certain Firebase features through your mobile device settings, such as your device advertising settings or by following the instructions provided by Google in their Privacy Policy: https://policies.google.com/privacy?hl=en

We also encourage you to review the Google's policy for safeguarding your data: https://support.google.com/analytics/answer/6004245. For more information on what type of information Firebase collects, please visit please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en

Links To Other Sites

Our Service may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Children's Privacy

Our Service does not address anyone under the age of 18 ("Children").

We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Children has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.

Changes To This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the "effective date" at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, please contact us:

 

DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY

Notifications

We respect the intellectual property rights of others. If you believe that any material available on or through the Gympanzee application infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Gympanzee application infringes your copyright, you should consider first contacting an attorney.

All Notifications should meet the requirements of DMCA and include the following information: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Gympanzee application are covered by the Notification, a representative list of such works on the Gympanzee application; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.

Counter Notification

If you believe your own copyrighted material has been removed from the Gympanzee application as a result of a mistake or misidentification, you may submit a written counter notification to [us/our Designated Copyright Agent] using the contact information provided below (a “Counter Notification”). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following: (1) identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled; (2) a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located; (3) a statement that you will accept service of process from the party that filed the Notification or the party’s agent; (4) your name, address, and telephone number; (5) a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and (6) your physical or electronic signature.

If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney’s fees. Filing a false Counter Notification constitutes perjury.

Designated Copyright Agent

Eople Internet Private Limited

Attn: Copyright Agent

17F, Phase 4, Abhinav Homes ext,

Ayodhya Bypass, Bhopal,

Madhya Pradesh, India – 462041.

info@gympanzee.app

TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Gympanzee application. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE GYMPANZEE APPLICATION (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE GYMPANZEE APPLICATION OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Gympanzee application at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Gympanzee application. We also reserve the right to modify or discontinue all or part of the Gympanzee application without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Gympanzee application.

We cannot guarantee the Gympanzee application will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Gympanzee application, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Gympanzee application at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Gympanzee application during any downtime or discontinuance of the Gympanzee application. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Gympanzee application or to supply any corrections, updates, or releases in connection therewith.

GOVERNING LAW

These Terms of Use and your use of the Gympanzee application are governed by and construed in accordance with the laws in force in India applicable to agreements made and to be entirely performed within India, without regard to its conflict of law principles.

DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. "Any dispute or difference whatsoever arising between the parties out of or relating to the construction, meaning, scope, operation or effect of this contract or the validity or the breach thereof shall be settled by arbitration in accordance with the Rules of Arbitration of the Indian Council of Arbitration and the award made in pursuance thereof shall be binding on the parties." Your arbitration fees and your share of arbitrator compensation shall be governed by the the Rules of Arbitration of the Indian Council of Arbitration and, where appropriate, limited by the the Rules of Arbitration of the Indian Council of Arbitration. If such costs are determined to by the arbitrator to be excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable the Rules of Arbitration of the Indian Council of Arbitration or applicable law, the arbitration will take place in India, except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the courts located in Bhopal, Madhya Pradesh, India and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non convenience with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.

In no event shall any Dispute brought by either Party related in any way to the Gympanzee application be commenced more than one (1) years after the cause of action arose. 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.

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 Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and 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.

CORRECTIONS

There may be information on the Gympanzee application that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Gympanzee application at any time, without prior notice.

DISCLAIMER

THE GYMPANZEE APPLICATION IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE GYMPANZEE APPLICATION AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE GYMPANZEE APPLICATION AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE GYMPANZEE APPLICATION’S CONTENT OR THE CONTENT OF ANY WEBGYMPANZEE APPLICATIONS LINKED TO THE GYMPANZEE APPLICATION AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE GYMPANZEE APPLICATION, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE GYMPANZEE APPLICATION, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE GYMPANZEE APPLICATION BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE GYMPANZEE APPLICATION. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE GYMPANZEE APPLICATION, ANY HYPERLINKED WEBGYMPANZEE APPLICATION, OR ANY WEBGYMPANZEE APPLICATION OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE GYMPANZEE APPLICATION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Gympanzee application; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Gympanzee application with whom you connected via the Gympanzee application. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

USER DATA

We will maintain certain data that you transmit to the Gympanzee application for the purpose of managing the performance of the Gympanzee application, as well as data relating to your use of the Gympanzee application. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Gympanzee application. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Gympanzee application, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Gympanzee application, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE GYMPANZEE APPLICATION. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Gympanzee application or in respect to the Gympanzee application constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use 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 of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use 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 of Use or use of the Gympanzee application. You agree that these Terms of Use 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 of Use and the lack of signing by the parties hereto to execute these Terms of Use.

 

CONTACT US

In order to resolve a complaint regarding the Gympanzee application or to receive further information regarding use of the Gympanzee application, please contact us at:

Eople Internet Private Limited
17F, Phase 4, Abhinav Homes ext,

Ayodhya Bypass, Bhopal

Madhya Pradesh, India

support@gympanzee.app

®

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All Rights Reserved.