TERMS OF SERVICE

TERMS AND CONDITIONS OF USE

SUBSCRIPTION TERMS

YOU, the subscriber to The Shilpa Shetty (hereinafter the “Application”) agree to access the audio visual and instructional content (hereinafter “Content”) provided on the Application subject to the following terms and conditions stated herein. The Application is owned by Digi Osmosis LLP (hereinafter referred to as “Company”)

By registering as a member or by using the Application in any way, you accept these Terms of Use (‘Agreement’), which forms a binding agreement between you and Company. If you do not wish to be bound by this Agreement, do not use the Application. Company reserves the right to refuse or cancel your account. Company also reserve the right to cancel your membership should you violate any provision of this Agreement, or any other posted policy on the Application.

The contents of this Application, including the videos, text, graphics, images, and information obtained from Company’s third-party content providers, sponsors, suppliers, and licensors (collectively “Providers”), and any other materials are to be used for informational purposes only.

Your access to the Application is valid for the full length of the membership plan that you have selected. You will be billed under the terms of your subscription. If you wish to cancel your subscription, you may do so at any time on your Account Page. Your account shall remain active until the Subscription Term has expired. If your account is terminated due to a violation of this Agreement, Company will not reimburse you for the remainder of paid month. Nor will reimbursements be made for member cancellations prior to monthly renewal date.

Company grants you a limited license to access to the Content on the Application. This license is solely for your individual use and may not be transferred to anyone else. This license does not include any resale or commercial use of the Application or its Contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Application or its Contents; or any use of data mining, robots, or similar data gathering and extraction tools. The Application or its Contents or any portion thereof may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without the express written consent of the Company.

You must register as a member by providing a user name, password, and valid email address. You must provide complete and accurate registration information to the Application and notify us if your information changes. You are responsible for maintaining the confidentiality and security of your password and all other account information, and you are fully responsible and liable for all access to and use of the Application that occur under your password or account.

You must have Internet access and a current valid, verified and accepted payment method as indicated during payment process (“Payment Method”), to use our service.

The Company provides the Application on an ‘as is’ and ‘as available’ basis. You therefore use Application at your own risk. Company expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, the Company makes no representations or warranties (i) that Application will be permitted in your jurisdiction; (ii) that Application will be uninterrupted or error-free; (iii) concerning any content submitted by any member; (iv) concerning any third party’s use of content that you submit; (v) that Application will meet your personal or professional needs; (vi) that That the Company will continue to support any particular feature of the Application; (vii) concerning sites and resources outside of the Application, even if linked to from the Application.

COMPANY HAS DISCRETION TO MODIFY APPLICATION AT ANY TIME. YOU ARE RESPONSIBLE FOR PROVIDING YOUR OWN ACCESS (E.G., COMPUTER, MOBILE DEVICE, INTERNET CONNECTION, ETC.) TO ACCESS THE APPLICATION. COMPANY HAS NO OBLIGATION TO SCREEN OR MONITOR ANY CONTENT AND DOES NOT GUARANTEE THAT ANY CONTENT AVAILABLE ON THE APPLICATION COMPLIES WITH THIS AGREEMENT OR IS SUITABLE FOR ALL USERS.

To the extent that a secondary party may have access to or view Content on your computer or mobile device, you are solely responsible for informing such party of all disclaimers and warnings in this Agreement.

HEALTH DISCLAIMER:THE CONTENT PRESENTED ON THIS APPLICATION IS IN NO WAY INTENDED AS MEDICAL ADVICE OR AS A SUBSTITUTE FOR MEDICAL TREATMENT. THIS CONTENT SHOULD ONLY BE USED IN CONJUNCTION WITH THE GUIDANCE AND CARE OF YOUR PHYSICIAN. CONSULT YOUR PHYSICIAN BEFORE BEGINNING ANY DIET, NUTRITION, OR FITNESS PLAN OFFERED THROUGH THE APPLICATION. YOUR PHYSICIAN SHOULD ALLOW FOR PROPER FOLLOW-UP VISITS AND INDIVIDUALIZE YOUR DIET, NUTRITION, OR FITNESS PLAN AS APPROPRIATE. NOTHING STATED OR PRESENTED ON THE APPLICATION IS INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER IF YOU HAVE ANY QUESTIONS REGARDING A MEDICAL CONDITION, YOUR DIET, NUTRITIONAL SUPPLEMENTS, AN EXERCISE REGIMEN, OR ANY OTHER MATTER RELATED TO YOUR HEALTH AND WELL-BEING.

Application includes information and instruction relating to exercise and fitness. You agree that the following warnings and disclaimers shall apply to all such information, instruction and services.

Before participating in any exercise program or using any fitness products or services that may be described and/or made accessible in or through Application, we strongly recommend that you consult with a physician or other healthcare provider. Not all exercises are suitable for everyone. As with any exercise program, if at any point during your workout you begin to feel faint, dizzy, or have physical discomfort, you should stop immediately. You are responsible for exercising within your limits and seeking medical advice and attention as appropriate. Company and affiliates are not responsible for any injuries that result from participating in the exercises shown in this program.

Company, its staff and the content-providers are not licensed medical care providers, are not rendering personal medical advice or treatment, and have no expertise in advising to the extent permitted by applicable laws, Application will in no event be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from or in connection with any use of the Application and/or the Services, and/or any website or application with which they are linked, and/or any content, information, products or services accessible through the Application and/or the Services, even if Company has been advised of the possibility of such losses or damages. Notwithstanding anything to the contrary contained herein, the aggregate liability of Company 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 the Company for Services.

Indemnity. You agree to indemnify, defend, and hold harmless Company and its affiliates, directors, officers, employees, and agents, from and against all claims, damages, losses and costs that: (i) arise from your activities on or associated with your use of Application; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to Application violates any law or infringes any third party right, including any intellectual property or privacy right.

Copyright. © All materials and contents contained on the Application (including but not limited to the text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software), and the Application itself, are copyrighted materials belonging exclusively to Company or its content suppliers and are protected by Copyright Act 1957 and international copyright law. Company enforces its copyright interests to the fullest extent permitted under the law, and shall seek civil and criminal remedies where appropriate. All rights are reserved.

DISPUTES: Any action arising out of or relating to this Agreement or your use of the Application must be commenced in the courts of Bombay, Maharashtra India (and you consent to the jurisdiction of those courts)..

INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by Company in exercising any right hereunder will waive any further exercise of that right. Company’s rights and remedies hereunder are cumulative and not exclusive.

SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without Company’s prior written consent. No third party shall have any rights hereunder.

NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from Company electronically. Company may provide all such communications by email or by posting them on the Website.

Nothing herein shall limit Company’s right to object to claims, or other demands.

MODIFICATION: This Agreement may not be modified except by a revised Subscription Terms by the Company on the Application or a written amendment signed by an authorized representative of Company. A revised Subscription Terms will be effective as of the date it is posted on the Application or as stated in the Subscription Terms therein.

ENTIRE AGREEMENT: This Agreement constitutes the entire understanding between Company and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.

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