Terms of Elite Service

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Version: 1.0.0

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Disclaimer and Liability:

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Notice:

 

The policies in this manual are to be considered as Strict rules & regulations towards Ayakshm Elite service. The Elite Policy must be followed in conjunction with Terms and Conditions of Ayakshm. If you wish not to comply with any of the below please do not proceed further and immediately leave the platform. Ayakshm, at its option, may change, delete, suspend or discontinue any part or parts of the policies in this manual at any time without prior notice. Any such action shall apply to existing as well as future clients or partners with continued agreement being the consideration between the Partners/Venders and clients.

The Customer acknowledges that Ayakshm bears no responsibility for the results promised or expected from elite services of Ayakshm including Gain, Lose both in body muscle mass or weight. This can be indication of users not following the proper measurements or instructions.  Users are strictly advised to check any meal recipe offered by Ayakshm for allergy or any other unpleasant consequences. If any arises, consult your doctor immediately.

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Ayakshm Elite Membership:

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Ayakshm Elite is a membership-based program available in India which allows its members to avail benefits offered by Ayakshm.

1. As a member of Ayakshm Elite, You will be entitled to avail services (as defined below) on Ayakshm Elite portal (as defined below) where You pay to purchase specific order (“Such as Elite Workout plan or Diet plan”) via the Ayakshm Platform and You via the Ayakshm Platform read along with these Terms.

2. For the purpose of Ayakshm Elite, “Final Bill Amount” shall mean the total amount set out in the bill for Elite store order availed by the member shall include applicable taxes, service charge and other charges as may be applicable and “Discount” shall mean a percentage of discount offered by the Ayakshm on the Final Bill Value.

3. Your Ayakshm Elite membership order can only be used on a single account only. You are not permitted to access or avail benefits of Ayakshm Elite membership on multiple devices/accounts.

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• Currently there is no limit on the number of times the Elite order purchasing.

• Ayakshm Elite members on online membership ordering will get special Fulfilment offers at applicable prices which will be visible on Ayakshm Platform.

• Fees: In membership order to avail Ayakshm Elite, members are required to pay a membership fee which shall be based on the membership plan opted by such member.

• Payments: To purchase and/or renew your membership plan, you can choose a payment method, as available on the 'Payment' section of the Ayakshm Platform. Your access to Ayakshm Elite shall be subject to receipt of successful payments by Ayakshm. The membership order fee shall be inclusive of all applicable taxes.

• Term: These Terms will begin on the date of purchase of the any Elite membership plan and will be valid till such time your membership plan expires.

• Subscription and Renewal: The membership is non-transferable and non-refundable once purchased. Cancellation and Refund of Membership Plan: In the event you cancel your membership at any time during the validity of your membership plan, you will not be eligible to receive any refund on any Elite membership order.

• Ayakshm reserves the right to terminate/suspend your membership to the Ayakshm Elite , if Ayakshm determines in its sole discretion that (i) You have violated the terms of Ayakshm Elite set out herein, (ii) have been involved in activities that are in contravention of the Ayakshm Elite terms and/or any terms for the usage of Ayakshm Platform; or (iii) have engaged in activities which are fraudulent/unlawful in nature while availing any of Services of Ayakshm.

• Personal Information: Members will be required to share certain personal information with Ayakshm including their name, phone number, email address, payment details, etc. in membership order to purchase Ayakshm Elite. Ayakshm will use these details in accordance with the Privacy Policy published on https://www.ayakshm.app/copy-of-privacy-policy-ayakshm-1

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Disclaimer:

 

The liability to extend the benefits under Ayakshm Elite rests solely with the Ayakshm and Ayakshm shall in no manner be liable if the Partner Gym/Arena/Fitness-Studios does not honour the benefits under Ayakshm Elite. The Partner Gym/Arena/Fitness-Studios reserves the right to refuse service to anyone in accordance with its policies.* However, in the event the Partner Gym/Arena/Fitness-Studios refuses to honor Ayakshm Elite in accordance with these Terms, please reach us, write to us at help.ayakshm@gmail.com and we shall use our best endeavor to assist you.

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• The Customer acknowledges that Ayakshm bears no responsibility for the compliance, regulations and licenses by Partner Gym/Arena/Fitness-Studios. The Customer agrees that Ayakshm shall not be liable in any manner if the Customer is unable to avail the benefits under Ayakshm Elite with a Partner Gym/Arena/Fitness-Studios due to the Partner Gym/Arena/Fitness-Studios’ violation of any statutory rule, regulation and license.

• Liability Limitation: Notwithstanding anything otherwise set out herein, Ayakshm shall in no manner be liable in any way for any in-person interactions with representatives or staff of the Partner Gym/Arena/Fitness-Studios or for the member’s experience at the Partner Gym/Arena/Fitness-Studios. Ayakshm shall in no manner be liable to the member if any outlet of Partner Gym/Arena/Fitness-Studios temporarily or permanently shuts down its operations. Notwithstanding anything set out herein, Ayakshm’s aggregate liability for any or all claims arising from or in connection with your use of Ayakshm Elite shall be limited to the membership fee paid by you at the time of purchasing the membership.

• Call Recording (For Ayakshm Elite members in India only): Ayakshm may contact Ayakshm Elite members via telephone, SMS or other electronic messaging or by email with information about your Ayakshm Elite experience or any feedback thereon. Any calls that may be made by Ayakshm, by itself or through a third party, to the Members or the Gym/Arena/Fitness-Studios pertaining to the experience of a Customer may be recorded for internal training and quality purposes by Ayakshm or any third party appointed by Ayakshm.

• Assignment: Ayakshm may assign or transfer any of its rights or obligations under these Terms and conditions to any of its affiliates or any third party at any time without prior notice.

 

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Cancellation, Return and Refund:​​

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        a. Cancellation/Refund Request by Customer: 

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• As we & Gym/Arena/Fitness-Studios are working together to Provides you out services, however the payments made for Gym/Arena/Fitness-Studios membership are solely collected by Gym/Arena/Fitness-Studios and Ayakshm will not be responsible for refund/cancellation for those payments. However, the payments are made directly to the Gym/Arena/Fitness-Studios & not on the Ayakshm Platform.

• Elite membership, Elite products are not eligible for cancellation or refund.

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       b. Cancellation by Ayakshm: 

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• There may be cases where Ayakshm is either unable to accept the membership order or cancels the membership order, due to any reasons including without limitation, technical errors, or non-availability of the desired quantity of the Gym/Arena/Fitness-Studios strength membership ordered by the Customer, non-availability of the service, inaccuracies or errors in pricing information, inaccurate particulars such as contact number, address, etc. Provided by the Customer, unresponsive Customer, etc. In such cases, You accept and acknowledge that Ayakshm reserves the right, at its sole discretion, to refuse or cancel any membership order for any reason whatsoever, without assigning any reason to the Customer, and the Customer shall accept and undertake that the same is acceptable and he/ she/ it will not contest/ raise any dispute on the same.

• Ayakshm's decision of cancellation of membership order shall be final and Ayakshm shall not be liable for such cancellation(s) whatsoever;

• Refund Process: Elite membership, Elite products are not eligible for cancellation or refund.

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        c. General Terms and Conditions

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• The total price for membership/Elite Product ordered, including the Fulfilment Charges and other charges, will be displayed on the Ayakshm Platform when you place your membership order, which may be rounded up to the nearest amount. Customers shall make full payment towards such Services or Products membership ordered via the Ayakshm Platform.

• Any amount that may be charged to you by Ayakshm over and above the membership order value, shall be inclusive of applicable taxes.

• Personal Promo code can only be used by You subject to such terms and conditions set forth by Ayakshm from time to time.

• You acknowledge that (1) your cancellation, or attempted or purported cancellation of an Membership/Elite order, or (2) cancellation due to reasons not attributable to Ayakshm, that is, in the event you provide incorrect particulars, contact number, incorrect details etc., or that you were unresponsive, not reachable or unavailable for fulfilment of the services offered to you, shall amount to breach of your unconditional and irrevocable authorization in favour of Ayakshm to place that Membership/Elite order against the Gym/Arena/Fitness-Studios or Partners/Store(s) on your behalf (“Authorization Breach"). In the event you commit an Authorization Breach, you shall be liable to pay the liquidated damages of an amount equivalent to the Membership/Elite order Value. You hereby authorize Ayakshm to deduct or collect the amount payable as liquidated damages through such means as Ayakshm may determine in its discretion, including without limitation, by deducting such amount from any payment made towards your next Membership/Elite order.