Bunkerfit Mobile Application – Terms and Conditions

Welcome to the Bunkerfit mobile application (“Mobile Application”), which is provided by Spectacom Global Pvt. Ltd. and its affiliates ("we" or "us" or “our”) to you subject to the below mentioned terms and conditions. In addition, when you use any current or future service or visit from any business affiliated with Spectacom Global Pvt Ltd (BunkerFit), whether or not included in the Mobile Application, you also will be subject to the guidelines and conditions applicable to such service or business.

This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. Please read the Terms and Conditions, and Privacy Policy carefully before using or registering on the Mobile Application or accessing any material, information or services through the Mobile Application. Your access to or use of the Mobile Application (even when you do not avail of any services on the Mobile Application) shall signify your acceptance of the Terms and Conditions, and Privacy Policy and your agreement to be legally bound by the same. These Terms and Conditions do not alter in any way the terms or conditions of any other written agreement you may have with us for other services.

1. General

These Terms and Conditions ("Agreement") governs the use of the services ("Services") that are made available by the website and Mobile Application provided by us. These Terms and Conditions represent the whole agreement and understanding between us and the individual or entity who subscribes to our Services and/ or uses/ visits our Mobile Application/ website ("User" or "you" or “your”).

This Mobile Application is directed at and only meant to be used by you for the purpose of accessing and using the online and offline service provided.

We reserve the right, at its discretion, to change, modify, amend, add, or remove all/ or any portion(s) of these Terms and Conditions at any time without any intimation individually. The visitor/ reader is advised to check these Terms and Conditions periodically for any changes made. Your continued visit and use of the Mobile Application following the changes to the terms and conditions will imply that you agree and accept to the changes made. We grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the

Mobile Application and the Services being provided in the Mobile Application.

By using this Mobile Application, you signify your agreement to the Terms and Conditions as well as the Privacy Policy and agree to use the Mobile Application for purposes that the same is meant to be used, in accordance with any applicable law, regulation or generally accepted practices or guidelines.

2. Services

The Mobile Application offers the following to its Users:-

  1. Workout videos that user can follow and carry out exercises

  2. Healthy Meal Recipes that user can cook at their leisure

  3. Recommendation basis users gender and BMI scores filled during the registration

  4. Points and badges on completion of workouts

  5. Statistics of user inputs such as water intake, steps taken, workouts done, calories burnt, weight and sleep logging.

  6. User can connect google fit and fitbit for collecting steps, calories burnt and sleep records.

We reserve the right to add, modify or remove any aspect of Services at any time, without notice.

3. User Account, Password, and Security

3.1. In order to avail the Services on the Mobile Application, You will have to register on the Mobile Application by providing details about Yourself, including Your name, address, contact details and such other details as may be required on the Mobile Application and create an account (“Account”).

3.2. You shall ensure and confirm that the Account information provided by You is complete, accurate and up-to-date. If there is any change in the Account information, You shall promptly update Your Account information on the Mobile Application. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, then we have the right to suspend or terminate Your Account and refuse any and all current or future use of the Mobile Application (or any portion thereof) at our discretion, in addition to any right that we may have against You at law or in equity, for any misrepresentation of information provided by You.

3.3. You will be responsible for maintaining the confidentiality of the Account information and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify us of any unauthorized use of Your Account information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. We cannot and will not be liable for any loss or damage arising from Your failure to comply with this provision. You may be held liable for losses incurred by us or any other user of or visitor to the Mobile Application due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account information secure and confidential.

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

4. Content & Intellectual Property

All content included on this Mobile Application, such as text, graphics, logos, button icons, images, audio clips, videos, instructions, digital downloads, interfaces, photographs, data compilations, music, artworks, software, etc. (“Content”) including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Mobile Application is our property or our content suppliers’. The compilation of all content on this Mobile Application is our exclusive property. All software used on this site is our property or our software suppliers.

Except as expressly provided in these Terms and Conditions, no part of the Mobile Application and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including “mirroring”) to any other mobile application, computer, server, website or other medium for use or publication or distribution or for any commercial enterprise, without our express prior written consent.

If you believe the Mobile Application violates your intellectual property, you must promptly notify us in writing at fitness@bunkerfit.com. These notifications should only be submitted by the owner of the intellectual property or an agent authorized to act on his/her behalf. Any false claim by you may result in the termination/ suspension of your access to the Mobile Application.

5. Terms of use of the Mobile Application

By using this Mobile Application, you represent, agree, and warrant that: 

I. You are 18 years of age or older and that your use of the Mobile Application and/or services shall not violate any applicable law or regulation.

II. All registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information. 

III. Your membership is solely for your personal and non-commercial use. Any use of this Mobile Application or its Content other than for personal purposes is prohibited.

IV. Your personal and non-commercial use of this Mobile Application shall be subjected to the following restriction (i) you shall not modify any Content of the Mobile Application, including but not limited to, any public display, description, performance, sale, rental, pricing of the product; (ii) you shall not decompile, reverse engineer, or disassemble the Content, or remove any copyright, trademark registration, or other proprietary notices from the Content. You further agree not to access or use this Mobile Application in any manner that may be harmful to the operation of this Mobile Application or its Content.

V. You will not (a) use any product or service available on the Mobile Application and / services for commercial purposes of any kind, or (b) advertise or sell any products, services or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind, or (c) use the Mobile Application and/or Services in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.

VI. You will not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Mobile Application and/or services or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the Mobile Application and/or services. 

VII. You will not engage in any form of antisocial, disrupting, or destructive acts, including "flaming," "spamming," "flooding," "trolling," "phishing" and "griefing" as those terms are commonly understood and used on the internet.

VIII. You will not delete or modify any Content of the Mobile Application and/or Services, including but not limited to, legal notices, disclaimers, or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.

IX. We cannot and will not assure that other user are or will be complying with the foregoing rules or any other provisions of these terms of use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

X. All information, content, and material contained in the Mobile Application and/or Services are our copyrighted property. All trademarks, services marks, trade names, and trade dress are proprietary to us. No information, content or material from the Mobile Application and/or Services may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without our express written permission.

XI. You acknowledge that if and when you access a link that leaves the Mobile Application, the site/ application you will enter into is not controlled by us and different terms of use and privacy policy may apply. By accessing links to other sites/ applications, you acknowledge that we are not responsible for those sites. We reserve the right to disable links from third-party sites/ applications to the Mobile Application, although we are under no obligation to do so.

XII. You will not defame, abuse, harass, threaten, or otherwise violate the legal rights of others.

XIII. You will not publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic name, material, or information while using the Mobile Application and/ or while commenting about the Mobile Application/ rating the Mobile Application or otherwise.

XIV. You will not upload or distribute files that contain virus, corrupted files, or other software that may damage the operation of the Mobile Application. Further, you will not 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.

XV. You will not probe, scan or test the vulnerability of the Mobile Application or any network connected to the Mobile Application, nor breach the security or authentication measures on the Mobile Application or any network connected to the Mobile Application.

XVI. You will not disrupt or interfere with the security of, or otherwise cause harm to, the Mobile Application, systems resources, accounts, passwords, servers, or networks connected to or accessible through the Mobile Application or any affiliated or linked sites;

XVII. You will not use the Mobile Application or any material or Content for any purpose that is unlawful or prohibited by these Terms and Conditions, or to solicit the performance of any illegal activity or other activity which infringes the rights of Bunkerfit or other third parties;

XVIII. You will not misuse the Mobile Application and/ or any of the Services and/ or the benefits of your Account in any manner whatsoever, including but not limited to logging in to the same account from multiple devices at the same time, sharing devices/ Account information with other users/ third parties, making the Mobile Application available over a common network, etc.

XIX. You will not violate the Terms and Conditions contained herein or elsewhere.

6. Suspension and Termination

I. These Terms and Conditions will continue to apply until terminated/ suspended by us. If you object to these Terms and Conditions, you may logout and stop using the Mobile Application. The provisions of these Terms and Conditions, which by their very nature are intended to survive termination/ suspension of the Terms and Conditions shall be deemed to survive.

II. We shall have the right to remove you or block your access to the Mobile Application or suspend/ terminate your account if we believe, in our sole and absolute discretion that you have infringed, breached, violated, abused, or unethically manipulated or exploited any of these Terms and Conditions or have in any other way acted unethically. 

III. Upon suspension/ termination, we may delete any content or other materials relating to your use of the Mobile Application and its services and we shall have no liability to you or any third party for doing so. However, your transaction details may be preserved by us for purposes of tax or regulatory compliance.

IV. You shall be liable to pay for any Services that you have already ordered/ prevailed till the time of suspension/ termination, as the case may be. At no point, unless expressly offered in writing, will any refund be granted.

V. Notwithstanding anything contained herein, in the event of you have infringed, breached, violated, abused, or unethically manipulated or exploited any of these Terms and Conditions or have in any other way acted unethically, in addition to suspending/ terminating your Account and blocking access to the Mobile Application, we shall also have the right to initiate legal proceedings against you in the appropriate court of law.

7. Disclosure of Information

We shall not use or disclose Information for purposes other than as mentioned herein/ in the privacy policy, except with the consent of visitors providing such Information or as required by law.  However, we may be legally required to disclose the Information in the following cases:

(a) Where the disclosure is necessary for compliance of a legal obligation.

(b) Where mandated under the law by government agencies to disclose such information.

(c) Where it is necessary, we may disclose Information to business partners or third parties during the normal course of business for the purposes/ Services mentioned herein/ privacy policy.  In such cases, we will only share Information related data when we are assured that the Information is processed legitimately and appropriately by the business partner or third party in line with the established consent or in line with legal requirements; and the business partner or third party has adopted a reasonable and equivalent level of security practices and procedures to ensure the security of the Information shared.

 

8. Disclaimer of Warranties

Your use of this Mobile Application and/or products/ services offered by us are at your sole risk. The Mobile Application and products/ services are offered on an "as is" and "as available" basis and are strictly for the purposes of guidance only. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the products/ Services or Content, or any reliance upon or use of the Mobile Application Content or products. Without limiting the generality of the foregoing, we make no warranty, that the information provided on this Mobile Application is accurate, reliable, complete, or timely; that the links to third-party Mobile Applications are to information that is accurate, reliable, complete, or timely; that no advice or information, whether oral or written, obtained by you from this Mobile Application will create any warranty not expressly stated herein; as to the results that may be obtained from the use of the products/ services or that defects in products Services will be corrected; regarding any products/ Services purchased or obtained through the Mobile Application. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

We strongly recommend that you consult with your physician before using any of the health/ exercise services on the Mobile Application. If you choose to use such services, you do so at your own risk, recognizing and acknowledging the inherent risk of physical injury. As with any health/ exercise-related service/ program, if at any point you begin to feel faint, dizzy or have physical discomfort, you should stop immediately and consult a medical professional. If you have any previous injuries, are pregnant or nursing, or have any other ailment, please consult your doctor before using any of the health/ exercise services on the Mobile Application.

We do not provide professional medical services or advice. The services provided by us and available on the Mobile Application do not contain or constitute, and should not be interpreted as medical advice or opinion. No professional relationship is created. Use of the services is not for medical therapy/ emergencies. If you think you have a medical requirement/ emergency, consult your doctor. You do also hereby release us, our coaches, consultants, contractors, officers, agents, employees, affiliates, assigns from any responsibility or liability for any injury, damage or disorder (physical, metabolic, or otherwise) to you, or in any way arising out of or connected with your using of the Mobile Application.

9. Limitation of Liability

Our entire liability, and your exclusive remedy, in law, inequity, or otherwise, with respect to the Mobile Application and products/ services and/or for any breach of this agreement is solely limited to the amount you paid, less shipping and handling, for products/ Services purchased via the Mobile Application.

We will not be liable for any direct, indirect, incidental, special or consequential damages in connection with this agreement or the products/ Services in any manner, including liabilities resulting from (1) the use or the inability to use the Mobile Application Content or products/ Services; (2) the cost of procuring substitute products or content or Services; (3) any products/ Services purchased or obtained or transactions entered into through the Mobile Application; or (4) any lost profits you allege.

It is clarified that some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to you.

10. Indemnification

You will release, indemnify, defend and hold us harmless, and any of our coaches, consultants, contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of breach of these terms and conditions by you. Further, in the event of your breach of these terms and conditions, you agree that we will be irreparably harmed and will not have an adequate remedy in money or damages. We therefore, shall be entitled in such an event to obtain an injunction against such a breach from any court of competent jurisdiction immediately upon request. Our right to obtain such relief shall not limit its right to obtain other remedies. The terms of this provision will survive any termination or cancellation of this agreement or your use of the Mobile Application.

 

11. Privacy

The Mobile Application’s Privacy Policy sets out our obligations with respect to the safeguarding, collection and use of yours personal information. The Mobile Application’s Privacy Policy is subject to modification from time to time, and such changes are effective upon posting of the modified policy to this URL: https://www.bunkerfit.com/privacy-policy

 

12. Miscellaneous

Force Majeure: We will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of our obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, epidemic, pandemic, boycott, act of government including notifications, rules, restrictions imposed by the government.

Cessation of Operation: We may at any time, in our sole discretion and without advance notice to you, cease operation of the Mobile Application and distribution of the Services.

Entire Agreement: The Terms and Conditions comprises the entire agreement/ terms of use between you and us and supersedes any prior agreements pertaining to the subject matter contained herein.

 

Effect of Waiver: Our failure to exercise or enforce any right or provision of this terms and conditions will not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Terms and Conditions remain in full force and effect.

 

Governing Law, Jurisdiction and Arbitration: This Mobile Application originates from the Gurugram, Haryana. These Terms and Conditions will be governed by the laws of India without regard to its conflict of law principles to the contrary. Neither you nor we will commence or prosecute any suit, proceeding or claim to enforce the provisions of these Terms and Conditions, to recover damages for breach of or default of these Terms and Conditions, or otherwise arising under or by reason of these Terms and Conditions, other than in courts located in India. By using this Mobile Application or its services, you consent to the jurisdiction and venue of courts at Gurugram, Haryana in connection with any action, suit, proceeding or claim arising under or by reason of these Terms and Conditions. If any dispute, controversy or claim arises under these Terms and Conditions or in relation to any Service on the Mobile Application, if not resolved amicably, shall be referred to arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996. The arbitration shall be presided over by a sole arbitrator, appointed in accordance with the aforesaid Act. The seat of the arbitration shall be Gurugram, Haryana and the language of this arbitration shall be English.

 

Statute of Limitation: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Mobile Application or its Services or this agreement/ Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.

 

Waiver of Class Action Rights: By entering into this agreement, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connection with this agreement must be asserted individually.

 

Severability: If any part of this agreement is found to be invalid or unenforceable under applicable law, such part will be ineffective to the extent of such invalid or unenforceable part only, without affecting the remaining parts of this agreement in any way.

 

Domestic Use: We make no representation that the Mobile Application or its Services are appropriate or available for use in locations outside India. Users who access the Mobile Application from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.

 

Assignment: You may not assign your rights and obligations under this agreement to anyone. We may assign its rights and obligations under this agreement/ Terms and Conditions in our sole discretion and without advance notice to you.

 

Notice/ Communication: All notices/ communications from us will be served by email to Your registered email address or by general notification on the Mobile Application. Any notice/ communication with regard to any grievance in relation to Services provided pursuant to the Terms and Conditions or otherwise should be emailed to fitness@bunkerfit.com.

 

BY USING THIS MOBILE APPLICATION YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS.