Terms and Conditions

Hivelife Services Private Limited is duly incorporated under the Companies Act, 2013, having its registered office at Prestige Kew Gardens, Marathahalli Colony, Bangalore, North Bangalore – 560037. Karnataka, India and is engaged in providing services relating to health, fitness, recreation activities, exhibitions, performances, games, tournaments, hobbies and other similar services.

1. Definitions

1.1. “Terms” means the terms and conditions set out herein.

1.2. “Agreement” or “Policies” means the Code of Conduct, Privacy Policy and will include other codes/ policies that the Company may publish on its Platform(s) in the future.

1.3. “Company” or “We” or “Us” or “Our” means Hivelife Services Private Limited.

1.4. “Platform(s)” means the “apclub.co.in” website, mobile application(s), and any other websites, applications or platforms that may be launched by the Company in the future to allow the users to buy/subscribe to Program(s) directly from the Company. It shall also include any social media pages, communication channels on social media platforms including the official business WhatsApp account, that may be operated by the Company.

1.5. “Program(s)” means the services provided or facilitated by the Company which includes (but is not limited to) personal, or group training fitness sessions, hobby classes, meditation classes, nutrition classes, extracurricular classes and the like. The Company may expand the list of services i.e. the Program(s) it provides at any time. For the removal of any doubts, it is stated that these Terms apply to all Program(s), regardless of whether they are hosted online or in a physical space or in hybrid mode, by the Company.

1.6. “You” or “User” means and includes any individual who accesses the Platform(s) and/or books a trial on the Platform(s) or subscribes to any Program(s) on the Platform(s). It shall also include any visitor of the Platform. It includes, where it refers to the child, the child’s guardian or parent, as applicable.

1.7. “Personal Information” means any information that could help identify an individual, including personal and financial information of the user.

2. Acceptance of Agreement/Terms of Use

2.1. By using the Platform(s) and accessing the Company’s Program(s), you are indicating that you have read, understood and agree to be bound by the Terms and other Agreements and Policies of the Company, as may be updated from time to time on the Platform(s).

2.2. The Company may revise these Terms at any time without notice or assigning any reason. It is your responsibility to periodically review these Terms to stay informed. Any use of the Platform(s) following the date on which changes to these Terms are published shall constitute your acceptance of all such changes.

2.3. If you do not agree to these Terms, it is requested that you do not access any Program(s) or use the Platform(s) in any manner whatsoever.

3. Subscription Fees

3.1. You agree to pay all fees and charges that will become payable because of your use of the Platform(s) or Program(s), as the case may be (hereinafter referred to as “Subscription Fees”). You will be solely responsible for payment of these Subscription Fees. The subscription to all Program(s) will be payable in full and in advance, unless indicated otherwise expressly by the Company. However, subscriptions to any Program(s) may be cancelled or terminated by the Company at any time, in accordance with these Terms.

3.2. You agree that upon initiating a transaction for availing access to the Platform(s) or for the Program(s) or any services related thereto, you are entering into a legally binding and enforceable contract with us for the Services.

3.3. If you have not completed the payment for your Subscription, we may restrict / suspend your access to the Program(s) until the Subscription fee is paid in full.

3.4. We reserve the right to pursue the fee owed to us using collection methods which may include charging other payment methods on file with us and/or retaining legal counsel.

3.5. A user may book a free trial for any offered Program(s) by us. The free trial period and other specific terms will be specified when you book a trial. Free trial may not be combined with any other offer. Free Trials are only available to users who have not previously subscribed to the Program(s) in connection with which the Free Trial is being offered.

3.6. We reserve the right to change/revise the pricing of the Subscriptions. For existing Subscriptions for which the applicable fees has been already received by us, we will implement the price changes during the renewal of the Subscription.

3.7. We further reserve the right to offer custom plans and pricing (including discounts and/ or special offers) in addition to what is offered on the Platform, which include offering custom billing and payment terms, that are different from our standard terms.

4. Payment Services

4.1. All payments in respect of the Program(s) offered shall be made to the Company through the Platform. 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, to process payments and manage payment card information.

4.2. In order to make payments online, you undertake that you shall use a valid payment card or bank details or third-party wallets or details required for any other mode of payment with the authority to use the same; you shall be responsible for any and all uses of your credit card, debit card, or any other payment means used in or under your name. You further warrant that You are legally authorized to provide such payment details and that You are legally authorized to perform payments using such payment details; and such action does not violate the terms and conditions applicable to Your use of such payment details or applicable law.

4.3. The payment receipt for the completion of a transaction shall be provided by the respective payment processing service provider and the transaction summary shall be provided by the Company.

5. Refunds and Cancellations

5.1. You may request for cancellation of your subscription to the Program(s) subscribed by you in case you are not satisfied with the Program(s) offered.

5.2. Such cancellation will only be applicable from the next scheduled session of the Program(s).

5.3. In the event of permitted cancellation of the Program(s) subscription, refunds shall be made within 7-8 days from the date of such cancellation to the original source of your payment.

5.4. However, it is clarified that no refunds will be given for any sessions already undertaken by the user.

5.5. Subscription for a particular Program(s) may not be transferred to any other person without the prior written permission of the Company, which We may allow at our discretion. No refund will be allowed in case a subscription is transferred without the permission of the Company.

5.6. The Company reserves the right to terminate Your subscription or refuse to provide access to the Program(s) if it is discovered that You are under the age of 18 (eighteen) years and the consent to subscribe to the Program(s) is not made by Your parent/legal guardian or any information provided by You is inaccurate.

5.7. The Company reserves the right to terminate Your subscription or refuse to provide access to the Program(s) if you fail to follow the code of conduct or any other such policy the Company may enforce at any time.

5.8. The Company shall have the right to cease/terminate relationship with You unilaterally without any reason, and any applicable amount or cash back (if any) or pro-rata refund, as the case may be, shall be refunded to You subsequently.

5.9. The Company shall not be responsible for any unauthorised transactions conducted on our Platform(s) using Your payment card or internet banking. The Platform(s) shall not be obligated to refund any money to You in such instances.

6. Use of Platform(s) or access to Program(s) Subject to the User’s compliance with the Terms of Use and other policies or Agreements of the Company, the Company grants each user a limited, non-exclusive, non-transferable, revocable licence to use and access this Platform(s) and the Program(s). The use of the Platform(s) and any Program(s) is solely for the personal use of the User. The use of the Platform(s) and any Program(s) by the user is subjected to the following restrictions-

6.1. You agree not to defame, abuse, harass, threaten or otherwise violate the legal rights of other users including their right to privacy.

6.2. You agree not to publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.

6.3. You agree not to copy, republish, post, display, translate, transmit, reproduce, advertise promote, sponsor or distribute any content through any medium without written permission from the Company.

6.4. You agree not to conduct or forward surveys, contests, pyramid schemes or chain letters.

6.5. You agree not to upload or distribute files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents.

6.6. You agree not to engage in any activity or upload or distribute files that contain viruses, corrupted files, or any other similar software or Program(s) that may damage the operation of the Platform.

6.7. You agree not to disrupt with the security of the Platform(s) or attempt to gain unauthorized access to any portion or feature of the Platform(s), any other systems or networks connected to the Platform(s), to any Company server, by hacking, password mining or any other legitimate or illegitimate means.

6.8. You agree not to access or trace any information of any other User of the Platform(s), or exploit the information made available or offered through the Platform(s), in any way.

6.9. You agree not to use any device or software to interfere or attempt to interfere with the proper working of the Platform(s) or any transaction being conducted on the Platform, or with any other person’s use of the Platform(s).

6.10. You agree not to use the Platform(s) 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 other third parties.

6.11. You agree not to reverse engineer, modify, alter, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of the Platform.

6.12. You agree not to violate any of the terms specified under the Terms of Use of the Platform.

6.13. You agree to follow the code of conduct or any other such policy the Company may enforce at any time.

7. Warranties and Representations

7.1. You warrant that your use of our Platform(s) and the Program(s) are solely at your own risk and discretion. You are required to independently assess and ensure that the Program(s) meet your requirements.

7.2. Neither we nor any third party will provide a guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials offered on this Platform(s) or through the Program(s), for any specific purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by the law.

7.3. The content of the Platform(s) and the Program(s) are proprietary in nature and you will not have any authority to claim any intellectual property rights, title, or interest in the content.

7.4. You also acknowledge that unauthorized use of the Website or the Services may lead to action against you as per the Terms of Use or governing laws.

8. Indemnification

8.1. You agree to indemnify and hold harmless the Company and its directors, shareholders, employees, agents and any sponsors or advertisers from and against all liability, claims, demands, losses, or damages arising out of Your access or participation in the Program(s) and arising out of Your use or misuse of the Platform(s) or any breach or violation of obligations undertaken by You under the Terms of Use of the Platform(s) or Program(s) provided.

8.2. You also agree to indemnify and hold harmless the Company and its directors, shareholders, employees, agents and any sponsors or advertisers from and against all liability, claims, demands, losses, or damages made by any third party due to, or arising out of, or in connection with Your use of the Platform(s) or participation in the Program(s), any misrepresentations with respect to the data or information provided by You, Your violation of the Terms of Use, or Your violation of any rights of another, including any privacy or intellectual property rights.

9. Limitation of Liability

9.1. To the fullest extent permitted by law, in no event shall the Company or any of its and its directors, shareholders, employees, agents and any sponsors or advertisers be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, arising out of or in connection with Your use of or access to the Program(s) or the Platform(s) of the Company.

9.2. In no event shall the aggregate liability arising out of or in connection with these Terms of Use or the services provided by the Company exceed the amount of actual fees charged from You.

10. Miscellaneous

10.1. Entire Agreement - The Terms and Conditions, along with the Privacy Policy, and any other codes/ guidelines or Agreements (by whatever name called) made applicable to the Platform(s) and Program(s) from time to time, constitute the entire agreement between the Company and You with respect to Your access to or use of the Platform(s) and Program(s) thereof.

10.2. Force Majeure - Notwithstanding anything contained in these Terms, the Company shall not be liable for any failure to perform an obligation under these Terms if performance is prevented or delayed by a force majeure event.

10.3. Governing Law- These terms shall be governed by and constructed in accordance with the laws of India and shall be subject to the exclusive jurisdiction of the Courts at Bangalore, Karnataka, India.

10.4. Severability- The invalidity or unenforceability of any term or provision of the Terms of Use or any other Agreement shall not affect the validity or enforceability of the remaining terms and provisions of this Terms of Use or any other Agreement, which shall remain in full force and effect and any such invalid or unenforceable term or provision shall be given full effect as far as possible.

10.5. Non-Waiver: Any failure or delay by the Company to enforce or exercise any provision of the Terms of Use or any related right or any right under any other Agreement, shall not constitute a waiver by the Company of that provision or right.

10.6. Notices - All notices served by the Company shall be provided via email to Your account or as a general notification on the Platform(s) or during the Program(s). Any notice to be provided to the Company should be sent to connect@apclub.in.

11. Contact and Grievance Redressal For any concerns or queries regarding the Platform(s) or the Program(s) or the Terms of Use please contact us at the following email id: connect@apclub.in. In the event You come across any violation of the Terms of Use or if You become aware of any objectionable content on the Platform(s) or if You wish to report a grievance regarding the Platform(s) or Program(s), then please contact us at the following email id: connect@apclub.in or reach out to our Grievance Officer, whose contact information is detailed below:

Name: Shalabh Malhotra

Email: shalabh@apclub.co.in

Address: Prestige Kew Gardens, Yemalur Main Road, Bangalore, Karnataka – 560037