Terms of service
Please read and review these Terms of Use (“Terms”) before You decide to access or use the Website and/or the Product.
Updated on: January 7, 2024.
Aroleap Fitness Private Limited (“Company”), a private limited Company registered under Companies Act, 2013, with its registered address at #56, DORESANIPALYA VENKATADRIL BANGALORE Bangalore KA 560023 IN owns and operates the website, www.aroleap.com (“Website”), the Aroleap Machine and the integrated Software therein (“Product”). Any reference made to “We”, “Our” and “Us” shall hereinafter refer to the Company. Any end user of the Website and/or the Product who accesses or uses the Website and/or the Product, will be termed as the “User”. It is hereby clarified that the term User shall not be restricted only to the buyer of the Product. Any reference to “You” and “Your” shall hereinafter refer to the User.
The Company is engaged in the business of selling the Product through the Website and providing other associated fitness-related services such as online fitness training. (“Services”)
This Terms of Use document along with any other policies which may be displayed on the Website would constitute a legally binding agreement between You and the Company.
Your access and usage of the Website and/or the Product, shall at all times be in compliance with these Terms. If You do not agree to these Terms, please do not access/use the Website and/or the Product.
Please note that the usage of the Website, the information contained therein and/or the Product and Services offered through the Website is on an `as-is’ and `as-available’ basis.
Please note that these Terms constitute an electronic record according to the provisions of Information Technology Act, 2000 and are generated by a computer system. Hence, there is no requirement of affixing a digital or a physical signature therein. This agreement is governed under Indian laws.
ELIGIBILITY TO USE THE SERVICES
You can use Our Services if:
A. You are 18 years of age and above.
B. You agree to comply with these Terms.
C. You agree that You shall be in compliance with the applicable laws in accessing and using the Services.
It is Your sole responsibility to ensure that no one below the age of 18 years accesses Your account or uses Our Services. Any such misuse of Your account shall be strictly viewed by Us and may lead to the termination/suspension of Your account, at Our sole discretion. The Company shall not be liable for any adverse consequences that may arise from such unauthorised use.
CHANGE IN SERVICES
THE SERVICES MAY CHANGE FROM TIME TO TIME AT THE EXCLUSIVE AND SOLE DISCRETION OF THE COMPANY. ANY SUCH CHANGE SHALL BE UPDATED AND REFLECTED IN THESE TERMS. WE WILL NOTIFY YOU ANNUALLY ABOUT SUCH CHANGES AND INSTRUCT YOU TO RE-READ THE UPDATED TERMS. EVEN IN THE ABSENCE OF ANY UPDATES, WE WILL ROUTINELY REQUEST YOU TO GO THROUGH THESE TERMS. IF YOU CONTINUE TO USE OUR SERVICES, SUCH CONTINUED USE WILL BE CONSIDERED AS ACCEPTANCE OF THESE TERMS.
REGISTRATION AND ACCOUNT
In order to access and use Our Services, You may register and create a user account. either through Your phone number, e-mail address or by connecting through any of Your social media accounts.
All the data that the Product automatically captures shall be stored and reflected in Your user account.
You are solely responsible to keep Your user ID, password and other user account details confidential. You are exclusively liable for any unauthorised access into Your user account or any misuse including but not limited to illegal use of Your user account. The Company shall not be liable for any unlawful activity that may take place through Your user account.
If We come to know that Your user account is not being used in accordance with these Terms, We at Our sole discretion, shall suspend or terminate Your user account and Your access to the Services offered by Us.
LICENSE
By agreeing to these Terms, You shall be granted a limited, non-exclusive, non-transferable, revocable, license to access and use the Services provided on the Website including but not limited to the Product. The Company at its sole discretion may terminate this license at any point of time and for any reason whatsoever. You agree that Your breach of these Terms would entitle the Company to automatically revoke the license granted to You.
You agree, that You only possess a limited license to use the Services offered. You do not hold any intellectual property right over the Website, the Product, any software or any features or functionalities of the Website and/or the Product.
PROHIBITED USES
By using and accessing the Services, You agree that:
1. You are 18 years of age or above.
2. Your usage of any Services is not, either wilfully or otherwise, in non-compliance with any applicable law, rules or regulations. (national, international or local)
3. You shall not host, display, upload, modify, publish, transmit, store, update or share any information that:
a. Belongs to another person and to which the user does not have any right.
b. Is defamatory, pornographic, obscene, paedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force.
c. Is harmful to children.
d. Infringes any patent, trademark, copyright or any proprietary rights.
e. Violates any law for the time being in force.
f. Deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact.
g. Impersonates another person.
h. Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation;
i. Contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
j. Is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.
4. You shall not copy, record, modify, commercially or otherwise re-use (including but not limited to selling, renting, leasing, distributing) the Product including but not limited to the Software and/or any content contained therein.
5. You shall not without express written consent of the Company make any use of any trademarks, logos or graphics displayed or used on the Website and/or the Product for any purpose whatsoever.
6. You agree that You have procured the Product for Your personal use and shall not commercially exploit the same by reselling, renting or engaging in any other commercial conduct vis-à-vis the Product or its components including but not limited to the Software.
If You are found violating any of the aforementioned restrictions, You agree that, it will be a just and fair action on the Company’s part to do the following:
1. We may terminate and/or suspend Your account.
2. We may initiate legal proceedings against You.
3. Or, We may at Our sole discretion, choose to take any or all of the aforementioned actions.
PAYMENT
You may place order for purchase of the Product on the website. You would be required to provide certain data including but not limited to Your financial information and geographical information while placing the order. You agree and consent to providing accurate information and shall not hold the Company liable in the event of any delays in delivery caused due to Your indiscretion.
We provide the facility of pre-booking the Product. You may pre-book the Product upon payment of a nominal amount as decided by the Company.
Confirmation of Your order depends upon the availability of the product and the Company is not liable for the same. In the event there is any modification in the order We shall contact You to inform You of the same.
You shall be provided a tracking option and You can track Your orders on the Website. You would also be provided contact details of the delivery service provider to ensure better coordination and communication. Your contact details shall also be shared with the delivery service provider. You understand and consent to the sharing of Your contact details.
All payments made on the Website shall be governed by the following:
a. All payments made by You on the Website shall be made in Indian currency.
b. You can make the payment through i) credit cards ii) debit cards iii) net banking iv) Any other legally permitted payment method such as UPI and payment wallets.
c. We use third-party payment gateways in order to facilitate payments. These third-party payment gateways are not banks or financial institutions but mere facilitators of automated electronic payment. You may be redirected to the links of these third-party payment gateways while making the payment. The Company is not liable for your activity on the links provided by the payment gateways.
d. Your bank may charge some processing fee. We are not liable for the same.
e. You consent to providing authentic billing information which would then be used to facilitate Your payments. Your billing details would be used solely for the purposes of carrying out transactions to avail the Services. Your billing information shall be used strictly in accordance with these Terms.
f. The terms and conditions governing the third-party payment gateway may be different from these Terms. In the event You are redirected to Our third-party payment gateway, You would be subject to such third-party payment gateway’s terms and conditions.
g. The price as reflected on the Website shall be determined solely by Us. Any discounts offered or reduction or increase in prices are also decided at the exclusive discretion of the Company and You shall not demand any discount as a matter of right.
h. The price as reflected on the Website shall be inclusive of delivery charges, installation charges and any applicable taxes.
RETURNS, REFUNDS AND CANCELLATION
We shall provide refunds in the following manner:
a. You may cancel Your pre-booking of the Product at any point of time till the Product is out for delivery. In the event, You choose to exercise this option in case of cancellation before 6 months from booking date, the reservation amount is non-refundable, however if we're unable to fulfill your order within 6 months of booking date, the entire booking amount shall be refunded to You upon request.
b. We provide You with a 30-day return window. If You are not satisfied with the performance of the Product, You may choose to return the same and Your entire purchase amount shall be refunded.
Please note that physical damage caused by the User does not qualify for return.
We shall take a minimum of 7 working days to initiate the refunds.
If due to any technical error or otherwise, the payment does not go through or if You are charged but the product does not appear in Your orders list, then the Company shall not be liable for the same and You should directly contact the payment service provider to resolve the issue.
Once You have accepted the product and the payment is complete, You have entered into a binding agreement with the Company. You agree and acknowledge that You shall make the payment only after ascertaining the quality and accepting the product. Any cancellation, refunds or returns post purchase can only be made solely in accordance with these Terms of Use.
AVAILABILITY OF THE PRODUCT
You agree and acknowledge that maintaining an adequate inventory of the product is not the responsibility of the Company. The Company shall make reasonable efforts to ensure that the Product is in stock, however, You shall not hold the Company liable for the same.
You agree and acknowledge that the Product offering on the Website amounts to an offer for invitation and the mere listing of the Product does not amount to any contractual/commercial obligation on the part of the Company.
DELIVERY
We engage third-party service providers for the delivery of the Product. Any loss, damage, theft or any other detriment caused to the Product in the course of the delivery shall be the third-party service provider’s responsibility and You shall not hold us liable for the same.
You shall at all times remain polite in Your conduct towards the delivery personnel. The delivery personnel may contact You for purposes related to delivery. You consent to being contacted for such purposes.
INSTALLATION
Post the delivery of the Product, You would be required to contact the Company for getting the Product Installed. Within a reasonable time period, We shall send Our personnel for installation purposes. You shall allow the personnel to install the Product and reasonably cooperate with the personnel.
We shall not be liable for the conduct of the personnel. If the Product gets damaged during installation, We shall replace the same, without any additional cost.
SUPPORT AND MAINTENANCE
We do not guarantee that Our support and maintenance services shall be up and running 24/7, however, We would reasonably try to address Your queries within a period of 48 hours from the date of receipt of any query.
You may contact the support executives by reaching out to us on the below mentioned contact details:
- contact@aroleap.com
- +91 7012395501
DATA PROTECTION
You agree and acknowledge that for the purposes of delivering the Services, it is imperative for Us to collect some personal data from You. Solely for the purposes as outlined under these Terms, We may collect some personal information including but not limited to Your name, contact details and address. Any information We collect from You shall be governed by Our Privacy Policy which is displayed on the Website. You agree that You have read and understood in full, the terms of the privacy policy published and displayed on the Website. You agree that You have the knowledge of the following and consent to the same:
1. The data being collected by the Company.
2. The purpose for which the data is being collected.
3. The entities which may process the data.
ORDER TRACKING AND DELIVERY
You may use Our Website to track the delivery of Your order. You shall be intimated the exact location of Your purchased product, till the time the product is delivered to You.
Any delays in delivery shall be duly intimated to You on the contact details provided by You at the time of registration.
You agree and acknowledge that We cannot guarantee 100% damage-proof delivery. If the product gets damaged in the process of delivery, Your sole remedy is to raise a return or replacement request in accordance with these Terms.
Any issues pertaining to delivery should be directly taken up with the third-party delivery service provider. The Company shall not be liable for any delays or damages caused during the delivery.
INTELLECTUAL PROPERTY AND OWNERSHIP
The Website, the Product, the software used, the source code deployed, any features of the Website and/or the Product, any associated functionality and brand names, brand images, trademarks and logos associated with the Website and/or the Product are owned by the Company and are the intellectual property of the Company.
Any review, feedback, content posted by the Users shall be the intellectual property of the users respectively.
You agree that You shall not copy, modify, re-sell, reuse, license out, distribute or use the intellectual property of the Company in any unauthorized manner.
Any violation of this term shall be considered to be a material breach and the Company is free to pursue any legal remedy it deems fit for the enforcement and protection of its rights.
TRADEMARKS
You agree that all the trademarks, logos and service marks associated with and displayed on the Website and/or the Product are the property of the Company. Any unauthorized use of the same shall be treated as infringement or passing off. Nothing on the Website shall be interpreted as granting any form of authorization or license, express/implied, written/unwritten, to any individual to use any trademarks belonging to the Company.
COPYRIGHT NOTICE
All content published or displayed on the Website and/or the Product including but not limited to any manuals that may be supplied along with the Product is the copyright of the Company. You agree that any form of copying, distribution or using for any other purpose of such content without an express written permission of the Company shall be treated as copyright infringement.
COMMUNICATION
You are responsible for any communication you may make with any person during your procurement of the Services through the Website.
ACCESS TO THIRD PARTY SITES
You agree that your usage of the Website sometimes may lead you to third-party websites. Please note that such third-party sites are not under the ownership, control, supervision or moderation of the Company. Any objectionable content or information which you may access as a result of your visiting such a third-party website shall not be the responsibility of the Company and the Company shall not be liable for the same. You agree that you shall access these third-party sites completely, exclusively and solely at your own risk and shall not hold the Company liable at any point of time for any harm suffered or any violation of a legal right which may be the result of accessing or using such sites.
DISCLAIMER OF WARRANTIES
YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL USE THE WEBSITE AND/OR THE PRODUCT AT YOUR SOLE RISK. ALL SERVICES WHICH YOU ACCESS AND USE ARE SOLELY ON AN ‘AS-IS’ AND ‘AS-AVAILABLE’ BASIS, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR USE AND NON-INFRINGEMENT.
WARRANTY PERIOD
The Company provides a one (1) year comprehensive warranty against any manufacturing defects, other than physical damage. (“Warranty Period”)
INFORMATION DISCLAIMER
All information displayed on the Website and/or Product has been provided in good faith. The Company does not make any representation or warranty, either express or implied regarding the accuracy, veracity, correctness, validity, reliability or completeness of any information displayed on Our Website and/or the Product including but not limited to product description and manual.
You acknowledge and agree that You shall be solely responsible for reliance on any information displayed on the Website and/or the Product and any consequences that arise from the same. You shall not hold the Company responsible or liable for any adverse consequence arising out of Your usage of the Services offered.
NO GUARANTEE
The Company does not guarantee any definite results from the usage of the Product and/or the Services, neither makes any claims regarding the same. The non-attainment of desired results shall not be the responsibility or liability of the Company and You shall not hold the Company liable for the same.
NO MEDICAL ADVICE
The Services offered by the Company do not amount to any medical or professional advice. You should use the Services only after an informed advice from Your medical practitioner. If You suffer from any medical conditions that may get worsened by the usage of the Product, You should obtain independent medical advice before using the same.
YOU SHALL NOT HOLD THE COMPANY LIABLE FOR ANY ADVERSE CONSEQUENCES, ARISING DIRECTLY OR INDIRECTLY, MEDICAL OR HEALTH RELATED OR OTHERWISE FROM YOUR USAGE OF THE PRODUCT AND/OR THE SERVICES OFFERED.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless the Company and any of its affiliates, employees, contractors, professionals and consultants (“The Indemnified Party”) from and against any claims, damages, cost, liabilities and expenses (including, but not limited to, legal expenses) arising out of Your a) Breach of any applicable law and/or b) Illegal or prohibited use of the Website and/or the Product and/or c) Any third-party claims the Company face as a result of any act or omission by You and/or breach of these terms of use.
LIMITATION OF LIABILITY
You further agree, that the Company shall not be liable for any direct, indirect, consequential or remote damages in connection with these Terms. The Company shall not be liable for any damages that may arise as a result of Your misuse of the Website and/or Product and/or Your breach of the obligations of these Terms.
SEVERABILITY
If any provision of these Terms becomes invalid or unenforceable due to any reason whatsoever, such invalidity or unenforceability shall not lead to the entire agreement becoming unenforceable. The unenforceable or invalid portion shall be deemed to be severed from these Terms without affecting the validity of the entire Terms of Use document.
GOVERNING LAW AND JURISIDCTION
All matters, claims and any other such issues which may directly or indirectly arise from or in connection with these Terms of Use shall be governed under the laws of India. The courts at Bangalore shall have the sole and exclusive jurisdiction to hear all matters, claims or any such issues which may directly or indirectly arise from or in connection with these Terms.
COMPLIANCE WITH THE GOVERNMENT
We, in order to comply with government regulations, on the receipt of an order, will be obligated to provide Your data/information/details to the government. Furthermore, even after Your cancellation/withdrawal of registration or deletion of account, We are obligated to retain Your account data/information/details for a period of 180 days for government investigative purposes.
QUESTIONS AND GRIEVANCES
If You have any queries regarding these Terms of Use, You may contact:
Aman Kumar Rai
+91 7838185350
aman@aroleap.com
Your complaints shall be acknowledged within 48 hours and would be disposed off within one month of their receipt.