TERMS AND CONDITIONS

This Agreement was last revised on November 25^th, 2021.

www.gympair.com (“website”) and Mobile Application “GYMPAIR” (“we,” “us,” or “our”) welcomes you.  

We offer you access to our services through our “Website” and “Mobile Application” (defined below) subject to the following Terms of this agreement, which may be updated by us from time to time with or without notice to you.  . By accessing and using this Website and Mobile Application, you acknowledge that you have read, understood and agree to be lawfully bound by these Terms and Conditions and our Privacy Policy, which are hereby incorporated by reference (collectively, this “Agreement”). In case you do not agree with any of these terms, then please do not use the Website and Mobile Application. 

1. DEFINITIONS

2. “Agreement” refers to this Terms and Conditions and the Privacy Policy and other documents provided to you by the Website and Mobile Application; 
3. “Service” or “Services” refers to the Services as defined below offered through the website.
4.  “User”, “You” and “your” refers to the person who is accessing for taking any service of this Website and Mobile Application;
5. “Member” shall mean the user who makes the payment for the services offered by us through our website/Mobile application;
6. “We”, “us”, “our”  are references to  THEDEVELAPP PRIVATE LIMITED;
7. “Website” or “Platform” shall mean and include "https:// www.gympair.com, mobile applications “GYMPAIR” and any successor Website of the Company or any of its affiliates;
8. "User Account” shall mean an electronic account opened for the Buyer for availing services offered on the  website and Mobile Application;

9. INTERPRETATION

10. All references to the singular include the plural and vice versa and the word "includes" should be construed as "without limitation".
11. Words importing any gender shall include all the other genders.
12. Reference to any statute, ordinance, or other law includes all regulations and other instruments and all consolidations, amendments, re-enactments, or replacements for the time being in force.
13. All headings, bold typing, and italics (if any) have been inserted for convenience of reference only and do not define limit, or affect the meaning or interpretation of the terms of this Agreement.

14. INTRODUCTION AND SCOPE

15. Scope. These Terms govern your use of the Website and Mobile Application and the Services. Except as otherwise specified, these Terms do not apply to Third-Party Products or Services, which are governed by their own terms of service.

• Electronic Communication: When you use this Website/Mobile Application or send e-mails and other electronic communications from your desktop or mobile device to us, you are communicating with us electronically. By sending, you agree to receive a reply communications from us electronically in the same format and you can keep copies of these communications for your records.

• SERVICES

At GYMPAIR, we offer you a meticulously designed online platform where allows people to find a gym buddy.

We reserve the right, at our discretion, to change, modify, add to, or remove portions of the Terms (collectively, “Changes”), at any time. We may notify you of changes by sending an email to the address identified in your Account or by posting a revised version of the Terms incorporating the changes to our Website and Mobile Application. Your continued use of the Site following the posting of changes will mean that you accept and agree to the Changes.

If you access this Website/ Mobile Application anonymously, you will not be required to create a user name. But, to access certain Resources, you may be required to provide specific information and to create a user ID and password to establish an account.

You agree that the information you provide in connection with establishing any account is accurate and that you will keep your information up-to-date. You are responsible for the security of all of your user names, passwords, and registration information (such as unique account identifiers or historical billing information), and you are solely responsible for any use (authorized or not) of your accounts. You agree to notify us immediately about any unauthorized activity regarding any of your accounts or other breaches of security. We may at our discretion suspend or terminate any of your user names and passwords at any time with or without notice.

1. USER CONTENT

   1. Content Responsibility. 

The website/ Mobile Application permits you to submit content, feedback, etc. but you are solely responsible for the content submitted by you. You represent that you have required permission to use the content.

When submitting content to the website/ Mobile Application, please do not submit content that:

• contains ill-mannered, profane, abusive, racist or hateful language or expressions, text, photographs or illustrations that are pornographic or in poor taste, inflammatory attacks of a personal, racial or religious nature;
• is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims;
• violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community;
• discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law;
• violates or inappropriately encourages the violation of any municipal, state, federal, or international law, rule, regulation, or ordinance;
• sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual or repeats prior posting of the same message under multiple emails or subjects.

Any such submitted content will be refused by us. If repeated violations occur, we reserve the right to cancel user access to the website and Mobile Application without advanced notice.

1. PAYMENT

2. All the payments for any product and service available on the Website and Mobile Application shall be governed by our terms and conditions.
3. Payment mode shall be: 
   1. Online: Credit Cards
   2. Stripe

4. We may ask you to supply additional information relevant to your Transaction, including your credit card number (or other payment information), the expiration date of your credit card, and your email and postal addresses for billing and notification (such information, “Payment Information”). 

5. You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. 

6. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). 

7. Users will subscribe to our services. We use third-party services like stripe as part of our billing solutions
8. The refund shall be allowed as per our refund policy. 
9. We are happy to support you if there is any issue you can contact our back-office team for any inquiry or problem.
10. We take customer feedback very seriously and use it to constantly improve our quality of service.

11. GENERAL CONDITIONS

12. We do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us.
13. We make material changes to these terms and conditions from time to time, we may notify you either by prominently posting a notice of such changes or via email communication.
14. The website/ Mobile Application is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely to be used in connection with the Service for your private, personal, non-commercial use, subject to all the terms and conditions of this Agreement as they apply to the Service.
15. We shall have no liability to you for any failure to deliver Services you have ordered or any delay in doing so if caused by any event or circumstances beyond our reasonable control including, without limitation, adverse weather, pandemics, strikes, lockouts, and other industrial disputes, breakdown or systems or network access, flood, fire, explosion or accident.
16. You acknowledge and agree that we are not responsible for addressing any claims you or any third party may have concerning the Mobile Application;
17. THEDEVELAPP PRIVATE LIMITED reserves the right to suspend/terminate usage or access to the platform or system.
18. THEDEVELAPP PRIVATE LIMITED also is not responsible for activities or legal consequences of your use in locations that may attempt to criminalize or limit your interactions. You must make your own informed decisions about the use of the application in your location and assess any potential adverse consequences.

19. LIMITED GUARANTEE

By this Website/ Mobile Application:

• We provide an opportunity for you to avail of the offered services from our Website/ Mobile Application.
• We do not provide any warranty or guarantee that the service descriptions are accurate, complete, reliable, current, or error-free. If a Services offered by the Website/ Mobile Application is not as described, your sole remedy is to intimate us about Services for taking further action.

• GEOGRAPHIC RESTRICTION

We reserve the right, but not the obligation, to limit the usage or supply of any service to any person, geographic region, or jurisdiction. We may use this right as per the necessity. We reserve the right to suspend any Service at any time. Any offer to provide any Service made on this Website/ Mobile Application is invalid where banned.

1. USER RESPONSIBILITIES

2. You shall use the Service and Website/ Mobile Application for a lawful purpose and comply with all the applicable laws while using the Website and Mobile Application;
3. You shall not use or access the Website/ Mobile Application for collecting any market research for some competing business;
4. You shall not misrepresent or personate any person or entity for any false or illegal purpose;
5. You will not use any device, scraper, or any automated thing to access the Website or Mobile Application for any means without taking permission.
6. You will inform us about anything that is inappropriate or  you can inform us if you find something illegal;
7. You will not interfere with or try to interrupt the proper operation of the Website/ Mobile Application through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or try to gain access to any data, files, or passwords connected to the Website/ Mobile Application through hacking, password or data mining, or any other means;
8. You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Website/ Mobile Application;   
9. You will let us know about the unsuitable content of which you become aware.  If you discover something that infringes any law, please let us know, and we’ll review it.
10. You agree to comply with all applicable domestic laws, statutes, ordinances, and regulations regarding your use of our Website/ Mobile Application. We reserve the right to investigate complaints or reported violations of our Terms and to take any action we deem appropriate, including but not limited to canceling your user account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties

We reserve the right, in our sole and absolute discretion, to deny you access to the Website/ Mobile Application or any service, or any portion of the Website/ Mobile Application or service, without notice, and to remove any content.

You release us and our successors from all losses, damages, rights, and demands, and actions of any kind, including personal injuries, death, and property damage, that are directly or indirectly related to or arising from your use of the Services (collectively, “Claims”). 

Any materials provided by the Client/Customer in the course of using our service shall be kept confidential by us as against third parties, unless the disclosure is required under the process of law or unless the disclosure is to our’s financial auditors or governing regulatory bodies. Disclosing or using this information for any purpose beyond the scope of this Agreement.

Please note that some of the content, text, data, graphics, images, information, suggestions, guidance and other material (collectively, "Information") that may be available on the Website and mobile application (including information provided in direct response to your questions or postings) may be for informational purpose only. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information. 

If you rely on any of the Information provided by the Site/App, you do so solely at your own risk.

We allow our users to provide us with their feedback and testimonials.

You may provide us with ideas, opinions, testimonials, recommendations, feedback, or advice in connection with your use of the Services (collectively, "Feedback"). 

If you submit Feedback to us, you hereby grant us an irrevocable, perpetual, transferable, non-exclusive, fully-paid-up, royalty-free, worldwide license (sublicensable through multiple tiers) to: 

(a) use, copy, distribute, reproduce, modify, create derivative works of, adapt, publish, translate, publicly perform, and publicly display such Feedback (or any modification thereto), in whole or in part, in any format, medium or application now known or later developed; and 

(b) use, and permit others to use, Feedback in any manner and for any purpose (including, without limitation, commercial purposes) that we deem appropriate in its discretion (including, without limitation, incorporating Feedback, in whole or in part, into any technology, product or service).

We take no responsibility for any direct or indirect damage that may result from the product or service.

We accept no responsibility for delays/errors due to circumstances outside the Company's ruling (Force Majeure). These circumstances can be, for example, labor conflict, fire, war, government decisions, etc.

We shall not be liable and responsible for the behavior of the users. And we are also not accountable for the quality of the services provided by the Relationship manager on the website and Mobile Application. 

You understand and agree that we (a) do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or any third parties; and (b) shall not be responsible for any materials posted by us or any third party. You shall use your judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party.

Further, we shall not be liable for direct, indirect consequential, or any other form of loss or damage that may be suffered by a user through the use of the www.gympair.com Website and Mobile Application including loss of data or information or any kind of financial or physical loss or damage.

In no event shall GYMPAIR, nor its owners, directors, employees, partners, agents, suppliers, or affiliates, be accountable for any indirect, incidental, special, eventful, or exemplary costs, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, consequential from (i) your use or access of or failure to access or use the Service; (ii) any conduct or content of any third party on the Service; and (iii) unlawful access, use or alteration of your transmissions or content, whether or not based on guarantee, agreement, domestic wrong (including carelessness) or any other lawful concept, whether or not we've been aware of the possibility of such damage.

We are not responsible to you for: 

• any losses you suffer because the information you put into our website and Mobile Application is inaccurate or incomplete; or
• any losses you suffer because you cannot use our website and Mobile Application at any time; or
• any errors in or omissions from our website or Mobile Application; or
• any losses you may suffer by relying on any commentary, postings, or reviews (of our services or that of our partners) on our website or Mobile Application; or
• any unauthorized access or loss of personal information that is beyond our control.

• SPAM POLICY

You are strictly prohibited from using the Website or any of our's Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.

If you have an intellectual property rights-related complaint about material posted on the website, you may contact our Designated Agent using the information below.

www.gympair.com

ATTN: Legal Department (Copyright Notification)

Email: admin@thedevelapp.com

Any notice alleging that materials hosted by or distributed through the website infringe intellectual property rights must include the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;

• a description of the copyrighted work or other intellectual property that you claim has been infringed;

• a description of the material that you claim is infringing and where it is located on the Website;

• your address, telephone number, and email address;

• a statement by you that you have a good faith belief that the use of the materials on the Website of which you are complaining is not authorized by the copyright owner, its agent, or the law; and

• a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

• THIRD-PARTY LINKS

The Website and Mobile Application may comprise links to external or third-party Websites (“External Sites”).  These links are provided exclusively as ease to you and not as an authorization by us of the content on such External Sites.  The content of such External Sites is created and used by others.  You can communicate with the site administrator for those External Sites.  We are not accountable for the content provided in the link of any External Sites and do not provide any representations about the content or correctness of the information on such External Sites.  You should take safety measures when you are downloading files from all these Websites to safeguard your computer from viruses and other critical programs.  If you agree to access linked External Sites, you do so at your own risk.

By accessing or using this Website and Mobile Application, you approve us to use, store, or otherwise process your personal information as per our Privacy Policy.

Every effort has been taken to ensure that the information offered on this Website and Mobile Application is accurate and error-free. We apologize for any errors or omissions that may have occurred. We cannot give you any warranty that usage of the Website or Mobile Application will be error-free or fit for purpose, timely, that defects will be amended, or that the site or the server that makes it available are free of viruses or bugs or signifies the full functionality, accuracy, reliability of the Website and Mobile Application and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.

The Website, Mobile Application, And The Service Are Provided On An “As Is” And “As Available” Basis Without Any Warranties Of Any Kind, Including That The Website/Mobile Application Will Operate Error-Free Or That The Website/Mobile Application, Its Servers Or Its Content Or Service Are Free Of Computer Viruses Or Similar Contamination Or Destructive Features.

We Disclaim All Licenses Or Warranties, Including, But Not Limited To, Licenses Or Warranties Of Title, Non-Violation Of Third Parties’ Rights, And Fitness For Particular Purpose And Any Warranties Arising From A Matter Of Dealing, Course Of Performance, Or Usage Of Trade. In Relation With Any Warranty, Contract, Or Common Law Tort Claims: (I) We Shall Not Be Liable For Any Unintended, Incidental, Or Substantial Damages, Lost Profits, Or Damages Resulting From Lost Data Or Business Stoppage Resulting From The Use Or Inability To Access And Use The Website/Mobile Application Or The Content, Even If We Have Been Recommended Of The Possibility Of Such Damages.

The Website And Mobile Application May Comprise Technical Incorrectness Or Typographical Errors Or Omissions. Unless Required By Applicable Laws, We Are Not Accountable For Any Such Typographical, Technical, Or Pricing Errors Recorded On The Website/Mobile Application.  The Website/Mobile Application May Contain Information On Certain Services, Not All Of Which Are Available In Every Location.  A Reference To A Service On The Websites And Mobile Application Does Not Suggest That Such Service Is Or Will Be Accessible In Your Location.  We Reserve The Right To Do Changes, Corrections, And/Or Improvements To The Website/Mobile Application At Any Time Without Notice.

The Website/Mobile Application contains material, such as software, text, graphics, images, designs, sound recordings, audiovisual works, and other material provided by or on behalf of us (collectively referred to as the “Content”).  The Content may be possessed by us or third parties.   Unauthorized use of the Content may infringe copyright, trademark, and other laws.  You have no rights in or to the Content, and you will not take the Content except as allowed under this Agreement.  No other use is allowed without prior written consent from us.  You must recollect all copyright and other proprietary notices contained in the original Content on any copy you make of the Content.  You may not transfer, provide license or sub-license, sell, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose.  The use or posting of the Content on any other Website or in a networked computer environment for any purpose is expressly prohibited.

If you infringe any part of this Agreement, your permission to access and/or use the Content and the Website/Mobile application automatically terminates and you must immediately destroy any copies you have made of the Content.

Our trademarks, service marks, and logos used and displayed on the Website/ Mobile Application are registered and unregistered trademarks or service marks of us.  Other company, product, and service names located on the Website /Mobile Application may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with us, the “Trademarks”).  Nothing on the Website/ Mobile Application should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use.    None of the Content may be retransmitted without our express, written consent for every instance.

You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your misuse of the Content or the Website/ Mobile Application.  We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding.  We reserve the right, at your expense, to assume the exclusive defense and control of any matter that is subject to indemnification under this section.  In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

SEVERABILITY

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.

TERMINATION

Term. The Services will be provided to you can be canceled or terminated by us. We may terminate these Services at any time, with or without cause, upon written notice. We will have no liability to you or any third party because of such termination. 

Effect of Termination. Upon termination of these Terms for any reason, or cancellation or expiration of your Services: (a) We will cease providing the Services; (b) you will not be entitled to any refunds or usage fees, or any other fees, pro-rata or otherwise; (c) any fees you owe to us will immediately become due and payable in full, and (d) we may delete your archived data within 30 days. All sections of the Terms that expressly provide for survival, or by their nature should survive, will survive termination of the Terms, including, without limitation, indemnification, warranty disclaimers, and limitations of liability.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties hereto concerning the subject matter contained in this Agreement.

GOVERNING LAW AND JUDICIAL RECOURSE

The terms herein will be governed by and construed under the law of Singapore without giving effect to any principles of conflicts of law. The courts of Singapore shall have exclusive jurisdiction over any dispute arising from the use of the Website.

FORCE MAJEURE

We will have no liability to you, your users, or any third party for any failure us to perform its obligations under these Terms if such non-performance arises as a result of the occurrence of an event beyond the reasonable control of us, including, without limitation, an act of war or terrorism, natural disaster, failure of electricity supply, riot, civil disorder, or civil commotion or other force majeure event.

ASSIGNMENT

We shall have the right to assign/transfer this agreement to any third party including its holding, subsidiaries, affiliates, associates, and group companies, without any consent of the User.

CONTACT INFORMATION

If you have any questions about these Terms, please contact us at admin@thedevelapp.com.