Terms_and_Condition

Version: 1.0.1

1. Acceptance of terms

Thank you for using Ayakshm. These Terms of Service (the "Terms") are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the Ayakshm website at ayakshm.app (the "Site") and any related mobile or software applications ("Ayakshm Platform") including but not limited to Fulfillment of information via the website whether existing now or in the future that link to the Terms (collectively, the "Services").

These Terms are effective for all existing and future Ayakshm customers, including but without limitation to users having access to 'Ayakshm partner business portal' to manage their claimed business listings.

Please read these Terms carefully. By accessing or using the Ayakshm Platform, you are agreeing to these Terms and concluding a legally binding contract with Ayakshm Limited (LLP) and/or its affiliates (hereinafter collectively referred to as "Ayakshm"). You may not use the Services if you do not accept the Terms or are unable to be bound by the Terms. Your use of the Ayakshm Platform is at your own risk, including the risk that you might be exposed to content that is objectionable, or otherwise inappropriate.

In order to use the Services, you must first agree to the Terms. You can accept the Terms by:

Clicking to accept or agree to the Terms, where it is made available to you by Ayakshm in the user interface for any Service; or
Using the Services. In this case, you understand and agree that Ayakshm will treat your use of the Services as acceptance of the Terms from that point onwards.

2. Definitions

Customer

"Customer" or "You" or "Your" refers to you, as a customer of the Services. A customer is someone who accesses or uses the Services for the purpose of sharing, displaying, hosting, publishing, transacting, or uploading information or views or pictures and includes other persons jointly participating in using the Services including without limitation a user having access to ‘Ayakshm partner business portal’ to manage claimed business listings or otherwise.

Content

"Content" will include (but is not limited to) reviews, images, photos, audio, video, location data, nearby places, and all other forms of information or data. "Your content" or "Customer Content" means content that you upload, share or transmit to, through or in connection with the Services, such as likes, ratings, reviews, images, photos, messages, profile information, and any other materials that you publicly display or displayed in your account profile. "Ayakshm Content" means content that Ayakshm creates and make available in connection with the Services including, but not limited to, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate ratings, reports and other usage-related data in connection with activities associated with your account and all other elements and components of the Services excluding Your Content and Third Party Content. "Third Party Content" means content that comes from parties other than Ayakshm or its Customers and is available on the Services.

Gym/Arena/Fitness-Studios

" Gym/Arena/Fitness-Studios" means the partner Gym/Arena/Fitness-Studios or any other facility listed on Ayakshm Platform.

Partners/Merchant(s)

Merchant if any, means the merchant(s) listed on the Ayakshm Platform and offering its Gym/Arena/Fitness-Studios (defined herein below) to the Customers.

3. Eligibility to use the services

You hereby represent and warrant that you are at least thirteen (12) years of age or above and are fully able and competent to understand and agree the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms.
Compliance with Laws. You are following all laws and regulations in the country in which you live when you access and use the Services. You agree to use the Services only in compliance with these Terms and applicable law, and in a manner that does not violate our legal rights or those of any third party(ies).

4. Changes to the terms

Ayakshm may vary or amend or change or update these Terms, from time to time entirely at its own discretion. You shall be responsible for checking these Terms from time to time and ensure continued compliance with these Terms. Your use of Ayakshm Platform after any such amendment or change in the Terms shall be deemed as your express acceptance to such amended/changed terms and you also agree to be bound by such changed/amended Terms.

5. Translation of the terms

Ayakshm may provide a translation of the English version of the Terms into other languages. You understand and agree that any translation of the Terms into other languages is only for your convenience and that the English version shall govern the terms of your relationship with Ayakshm. Furthermore, if there are any inconsistencies between the English version of the Terms and its translated version, the English version of the Terms shall prevail over others.

6. Provision of the services being offered by Ayakshm

Ayakshm is constantly evolving in membership order to provide the best possible experience and information to its Customers. You acknowledge and agree that the form and nature of the Services which Ayakshm provides, may require affecting certain changes in it, therefore, Ayakshm reserves the right to suspend/cancel, or discontinue any or all products or services at any time without notice, make modifications and alterations in any or all of its contents, products and services contained on the site without any prior notice.
We, the software, or the software application store that makes the software available for download may include functionality to automatically check for updates or upgrades to the software. Unless your device, its settings, or computer software does not permit transmission or use of upgrades or updates, you agree that we, or the applicable software or software application store, may provide notice to you of the availability of such upgrades or updates and automatically push such upgrade or update to your device or computer from time-to-time. You may be required to install certain upgrades or updates to the software in membership order to continue to access or use the Services, or portions thereof (including upgrades or updates designed to correct issues with the Services). Any updates or upgrades provided to you by us under the Terms shall be considered part of the Services.
You acknowledge and agree that if Ayakshm disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content, which is contained in your account.
You acknowledge and agree that while Ayakshm may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services, Ayakshm may set such fixed upper limits at any time, at Ayakshm's discretion.
By using Ayakshm's Services you agree to the following disclaimers:
- The Content on these Services is for informational purposes only. Ayakshm disclaims any liability for any information that may have become outdated since the last time the piece of information was updated. Ayakshm reserves the right to make changes and corrections to any part of the Content on these Services at any time without prior notice. Ayakshm does not guarantee the quality of the Goods, the prices listed in menus or the availability of all menu items at any GYM/Fitness Studios/Fitness Arena/Merchant. Unless stated otherwise, all pictures and information contained on these Services are believed to be owned by or licensed to Ayakshm. Please email a takedown request (by using the "Contact Us" link on the home page) to the webmaster if you are the copyright owner of any Content on these Services and you think the use of the above material violates Your copyright in any way. Please indicate the exact URL of the webpage/Screenshot in your request. All images shown here have been digitized by Ayakshm. No other party is authorized to reproduce or republish these digital versions in any format whatsoever without the prior written permission of Ayakshm.

Any certification, licenses or permits ("Certification") or information in regard to such Certification that may be displayed on the GYM/Fitness Studios/Fitness Arena/Merchant’s listing page or Gym/Arena/Fitness Studios’ listing on the Ayakshm Platform is for informational purposes only. Such Certification is displayed by Ayakshm on an 'as available' basis that is provided to Ayakshm by the Gym/Arena/Fitness-Studios partner(s)/Merchant(s). Ayakshm does not make any warranties about the validity, authenticity, reliability and accuracy of such Certification or any information displayed in this regard. Any reliance by a Customer upon the Certification or information thereto shall be strictly at such Customer's own risk and Ayakshm in no manner shall assume any liability whatsoever for any losses or damages in connection with the use of this information or for any inaccuracy, invalidity or discrepancy in the Certification or non-compliance of any applicable local laws or regulations by the Gym/Arena/Fitness-Studios partner/Merchant.

Ayakshm reserves the right to charge a subscription and/or membership and/or a convenience fee from a Customer, by giving reasonable prior notice, in respect of any product, service or any other aspect of the Ayakshm Platform anytime in future.
Ayakshm may from time to time introduce referral and/or incentive-based programs for its Customers (Program). These Program(s) may be governed by their respective terms and conditions. By participating in the Program, Customers are bound by the Program terms and conditions as well as the Ayakshm Platform terms. Further, Ayakshm reserves the right to terminate / suspend the Customer's account and/or credits / points earned and/or participation of the Customer in the Program if Ayakshm determines in its sole discretion that the Customer has violated the rules of the Program and/or has been involved in activities that are in contravention of the Program terms and/or Ayakshm Platform terms or has engaged in activities which are fraudulent / unlawful in nature. Furthermore, Ayakshm reserves the right to modify, cancel and discontinue its Program without notice to the Customer.

7. Use of services by you or Customer

1. Ayakshm Customer Account Including ‘Ayakshm partner business portal’ Access

You must create an account in membership order to use some of the features offered by the Services, including without limitation to ‘Ayakshm partner business portal’ on the Services. Use of any personal information you provide to us during the account creation process is governed by our Privacy Policy. You must keep your password/pin confidential and you are solely responsible for maintaining the confidentiality and security of your account, all changes and updates submitted through your account, and all activities that occur in connection with your account.
In creating an account and/or registering your Gym/Arena/Fitness-Studios, you represent to us that all information provided to us in such a process is true, accurate and correct, and that you will update your information as and when necessary in membership order to keep it accurate. If you are creating an account or claiming a business listing, then you represent to us that you are the owner or authorized agent of such business. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, create multiple accounts or business listings except as otherwise authorized by us, or provide or use false information to obtain access to a business' listing on the Services that you are not legally entitled to claim. You acknowledge that any false claiming of a business listing may cause Ayakshm or third parties to incur substantial economic damages and losses for which you may be held liable and accountable.
You are also responsible for all activities that occur in your account. You agree to notify us immediately of any unauthorized use of your account in membership order to enable us to take necessary corrective action. You also agree that you will not allow any third party to use your Ayakshm account for any purpose and that you will be liable for such unauthorized access.

2. Other Terms

You agree to use the data owned by Ayakshm (as available on the Services or through any other means like API etc.) only for personal use/purposes and not for any commercial use (other than in accordance with ‘Ayakshm partner business portal’ access) unless agreed to by/with Ayakshm in writing.
You agree not to access (or attempt to access) any of the Services by any means other than the interface that is provided by Ayakshm, unless you have been specifically allowed to do so, by way of a separate agreement with Ayakshm. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). You shall not delete or revise any material or information posted by any other Customer(s), shall not engage in spamming, including but not limited to any form of emailing, posting or messaging that is unsolicited.

8. Content

1. Ownership of Ayakshm Content and Proprietary Rights

We are the sole and exclusive copyright owners of the Services and our Content. We also exclusively own the copyrights, trademarks, service marks, logos, trade names, trade dress and other intellectual and proprietary rights throughout the world (the "IP Rights") associated with the Services and Ayakshm Content, which may be protected by copyright, patent, trademark and other applicable intellectual property and proprietary rights and laws. You acknowledge that the Services contain original works and have been developed, compiled, prepared, revised, selected, and arranged by us and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of us and such others. You further acknowledge that the Services may contain information which is designated as confidential by Ayakshm and that you shall not disclose such information without Ayakshm's prior written consent.
You agree to protect Ayakshm's proprietary rights and the proprietary rights of all others having rights in the Services during and after the term of this agreement and to comply with all reasonable written requests made by us or our suppliers and licensors of content or otherwise to protect their and others' contractual, statutory, and common law rights in the Services. You acknowledge and agree that Ayakshm (or Ayakshm's licensors) own all legal right, title and interest in and to the Services, including any IP Rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated as confidential by Ayakshm and that you shall not disclose such information without Ayakshm's prior written consent. Unless you have agreed otherwise in writing with Ayakshm, nothing in the Terms gives you a right to use any of Ayakshm's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of Ayakshm; or remove, conceal or obliterate any copyright or other proprietary notice or source identifier, including without limitation, the size, color, location or style of any proprietary mark(s). Any infringement shall lead to appropriate legal proceedings against you at an appropriate forum for seeking all available/possible remedies under applicable laws of the country of violation. You cannot modify, reproduce, publicly display or exploit in any form or manner whatsoever any of the Ayakshm's Content in whole or in part except as expressly authorized by Ayakshm.
To the fullest extent permitted by applicable law, we neither warrant nor represent that your use of materials displayed on the Services will not infringe rights of third parties not owned by or affiliated with us. You agree to immediately notify us upon becoming aware of any claim that the Services infringe upon any copyright trademark, or other contractual, intellectual, statutory, or common law rights by following the instructions contained below in section XVI.

2. Your License to Ayakshm Content

We grant you a personal, limited, non-exclusive and non-transferable license to access and use the Services only as expressly permitted in these Terms. You shall not use the Services for any illegal purpose or in any manner inconsistent with these Terms. You may use information made available through the Services solely for your personal, non-commercial use. You agree not to use, copy, display, distribute, modify, broadcast, translate, reproduce, reformat, incorporate into advertisements and other works, sell, promote, create derivative works, or in any way exploit or allow others to exploit any of Ayakshm Content in whole or in part except as expressly authorized by us. Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to the Services, Ayakshm Content or our IP Rights.
Any violation by you of the license provisions contained in this Section may result in the immediate termination of your right to use the Services, as well as potential liability for copyright and other IP Rights infringement depending on the circumstances.

3. Ayakshm License to Your or Customer Content

By submitting Your Content you hereby irrevocably grant Ayakshm a perpetual, irrevocable, world-wide, non-exclusive, fully paid and royalty-free, assignable, sub-licensable and transferable license and right to use Your Content (including content shared by any business user having access to a ‘Ayakshm partner business portal’ to manage claimed business or otherwise) and all IP Rights therein for any purpose including API partnerships with third parties and in any media existing now or in future. By "use" we mean use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, analyze, promote, commercialize, create derivative works, and in the case of third party services, allow their users and others to do the same. You grant us the right to use the name or username that you submit in connection with Your Content. You irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to Your Content brought against Ayakshm or its Customers, any third-party services and their users.

4. Representations Regarding Your or Customer Content

You are responsible for Your Content. You represent and warrant that you are the sole author of, own, or otherwise control all of the rights of Your Content or have been granted explicit permission from the rights holder to submit Your Content; Your Content was not copied from or based in whole or in part on any other content, work, or website; Your Content was not submitted via the use of any automated process such as a script bot; use of Your Content by us, third party services, and our and any third party users will not violate or infringe any rights of yours or any third party; Your Content is truthful and accurate; and Your Content does not violate the Guidelines and Policies or any applicable laws
If Your Content is a review/ratings, you represent and warrant that you are the sole author of that review/ratings; the review/ratings reflects an actual experience that you had; you were not paid or otherwise remunerated in connection with your authoring or posting of the review/ratings; and you had no financial, competitive, or other personal incentive to author or post a review/ratings that was not a fair expression of your honest opinion.
You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. While we reserve the right to remove Content, we do not control actions or Content posted by our Customers and do not guarantee the accuracy, integrity or quality of any Content. You acknowledge and agree that Content posted by Customers and any and all liability arising from such Content is the sole responsibility of the Customer who posted the content, and not Ayakshm.

5. Content Removal

We reserve the right, at any time and without prior notice, to remove, block, or disable access to any Content that we, for any reason or no reason, consider to be objectionable, in violation of the Terms or otherwise harmful to the Services or our Customers in our sole discretion. Subject to the requirements of applicable law, we are not obligated to return any of Your Content to you under any circumstances. Further, the Gym/Arena/Fitness-Studios reserves the right to delete any images and pictures forming part of Customer Content, from such Gym/Arena/Fitness-studio’s listing page at its sole discretion.

6. Third Party Content and Links

Some of the content available through the Services may include or link to materials that belong to third parties, such as third-party online services Fulfillment/membership ordering. Please note that your use of such third-party services will be governed by the terms of service and privacy policy applicable to the corresponding third party. We may obtain business addresses, phone numbers, and other contact information from third party vendors who obtain their data from public sources.
We have no control over, and make no representation or endorsement regarding the accuracy, relevancy, copyright compliance, legality, completeness, timeliness or quality of any product, services, advertisements and other content appearing in or linked to from the Services. We do not screen or investigate third party material before or after including it on our Services.
We reserve the right, in our sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the content accessible on the Services. Where appropriate, we may in our sole discretion and without any obligation, verify any updates, modifications, or changes to any content accessible on the Services, but shall not be liable for any delay or inaccuracies related to such updates. You acknowledge and agree that Ayakshm is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
Third party content, including content posted by our Customers, does not reflect our views or that of our parent, subsidiary, affiliate companies, branches, employees, officers, directors, or shareholders. In addition, none of the content available through the Services is endorsed or certified by the providers or licensors of such third-party content. We assume no responsibility or liability for any of Your Content or any third-party content.
You further acknowledge and agree that Ayakshm is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources. Without limiting the generality of the foregoing, we expressly disclaim any liability for any offensive, defamatory, illegal, invasive, unfair, or infringing content provided by third parties.

7. Customer Reviews

Customer reviews or ratings for Gym/Arena/Fitness-Studios do not reflect the opinion of Ayakshm. Ayakshm receives multiple reviews or ratings for Gym/Arena/Fitness-Studios by Customers, which reflect the opinions of the Customers. It is pertinent to state that each and every review posted on Ayakshm is the personal opinion of the Customer/reviewer only. Ayakshm is a neutral platform, which solely provides a means of communication between Customers/reviewers including Customers or Gym/Arena/Fitness-Studios owners/representatives with access to Gym/Arena/Fitness-Studios business platforms. The advertisements published on the Ayakshm Platform are independent of the reviews received by such advertisers.
We are a neutral platform and we don't arbitrate disputes, however in case if someone writes a review that the Gym/Arena/Fitness-Studios does not consider to be true, the best option for the Gym/Arena/Fitness-Studios representative would be to contact the reviewer or post a public response in membership order to clear up any misunderstandings. If the Gym/Arena/Fitness-Studios believes that any particular Customer's review violates any of the Ayakshm' policies, the Gym/Arena/Fitness-Studios may write to us at help.ayakshm@gmail.com and bring such violation to our attention. Ayakshm may remove the review in its sole discretion if review is in violation of the Terms, or content guidelines and policies or otherwise harmful to the Services

9. Content guidelines and privacy policy

1. Content Guidelines

You represent that you have read, understood and agreed to our Guidelines and Polices related to Content.

2. Privacy Policy

You represent that you have read understood and agreed to our Privacy Policy. Please note that we may disclose information about you to third parties or government authorities if we believe that such a disclosure is reasonably necessary to (i) take action regarding suspected illegal activities; (ii) enforce or apply our Terms and Privacy Policy; (iii) comply with legal process or other government inquiry, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process/notice served on us; or (iv) protect our rights, reputation, and property, or that of our Customers, affiliates, or the general public,

10. Restrictions on use

i. Without limiting the generality of these Terms, in using the Services, you specifically agree not to post or transmit any content (including review) or engage in any activity that, in our sole discretion:

Violate our Guidelines and other and all Polices.
Is harmful, threatening, abusive, harassing, tortious, indecent, defamatory, discriminatory, vulgar, profane, obscene, libelous, hateful or otherwise objectionable, invasive of another's privacy, relating or encouraging money laundering or gambling.
Constitutes an inauthentic or knowingly erroneous review, or does not address the goods and services, atmosphere, or other attributes of the business you are reviewing.
Contains material that violates the standards of good taste or the standards of the Services.
Violates any third-party right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights.
Accuses others of illegal activity or describes physical confrontations.
Alleges any matter related to health code violations requiring healthcare department reporting. Refer to our Guidelines and Policies for more details about health code violations.
Is illegal, or violates any federal, state, or local law or regulation (for example, by disclosing or trading on inside information in violation of securities law);
Attempts to impersonate another person or entity.
Disguises or attempts to disguise the origin of Your Content, including but not limited to by: (i) submitting Your Content under a false name or false pretenses; or (ii) disguising or attempting to disguise the IP address from which Your Content is submitted;
Constitutes a form of deceptive advertisement or causes, or is a result of, a conflict of interest.
Is commercial in nature, including but not limited to spam, surveys, contests, pyramid schemes, postings or reviews submitted or removed in exchange for payment, postings or reviews submitted or removed by or at the request of the business being reviewed, or other advertising materials;
Asserts or implies that Your Content is in any way sponsored or endorsed by us.
Contains material that is not in English or, in the case of products or services provided in foreign languages, the language relevant to such products or services.
Falsely states, misrepresents, or conceals your affiliation with another person or entity.
Accesses or uses the account of another Customer without permission.
Distributes computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or electronic communications equipment.
Interferes with, disrupts, or destroys the functionality or use of any features of the Services or the servers or networks connected to the Services.
"Hacks" or accesses without permission our proprietary or confidential records, records of another Customer, or those of anyone else.
Violates any contract or fiduciary relationship (for example, by disclosing proprietary or confidential information of your employer or client in breach of any employment, consulting, or non-disclosure agreement).
Decompiles, reverse engineers, disassembles or otherwise attempts to derive source code from the Services.
Removes, circumvents, disables, damages or otherwise interferes with security-related features, or features that enforce limitations on use of, the Services.
Violates the restrictions in any robot exclusion headers on the Services, if any, or bypasses or circumvents other measures employed to prevent or limit access to the Services.
Collects, accesses, or stores personal information about other Customers of the Services.
Is posted by a bot.
Harms minors in any way.
Threatens the unity, integrity, defense, security or sovereignty of India or of the country of use, friendly relations with foreign states, or public membership order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
Modifies, copies, scrapes or crawls, displays, publishes, licenses, sells, rents, leases, lends, transfers or otherwise commercialize any rights to the Services or Our Content; or
Attempts to do any of the foregoing.

ii. You acknowledge that Ayakshm has no obligation to monitor your – or anyone else's – access to or use of the Services for violations of the Terms, or to review or edit any content. However, we have the right to do so for the purpose of operating and improving the Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with the Terms and to comply with applicable law or the membership order or requirement of legal process, a court, consent decree, administrative agency or other governmental body

3. You hereby agree and assure Ayakshm that the Ayakshm Platform/Services shall be used for lawful purposes only and that you will not violate laws, regulations, ordinances or other such requirements of any applicable Central, Federal State or local government or international law(s). You shall not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam mail, chain letters or any other form of solicitation, encumber or suffer to exist any lien or security interest on the subject matter of these Terms or to make any representation or warranty on behalf of Ayakshm in any form or manner whatsoever.

4. Any Content uploaded by you, shall be subject to relevant laws of India and of the country of use and may be disabled, or and may be subject to investigation under applicable laws. Further, if you are found to be in non-compliance with the laws and regulations, these terms, or the privacy policy of the Ayakshm Platform, Ayakshm shall have the right to immediately block your access and usage of the Ayakshm Platform and Ayakshm shall have the right to remove any non-compliant content and or comment forthwith, uploaded by you and shall further have the right to take appropriate recourse to such remedies as would be available to it under various statutes.

11. Customer feedback

If you share or send any ideas, suggestions, changes or documents regarding Ayakshm's existing business ("Feedback"), you agree that (i) your Feedback does not contain the confidential, secretive or proprietary information of third parties, (ii) Ayakshm is under no obligation of confidentiality with respect to such Feedback, and shall be free to use the Feedback on an unrestricted basis (iii) Ayakshm may have already received similar Feedback from some other Customer or it may be under consideration or in development, and (iv) By providing the Feedback, you grant us a binding, non-exclusive, royalty-free, perpetual, global license to use, modify, develop, publish, distribute and sublicense the Feedback, and you irrevocably waive, against Ayakshm and its Customers any claims/assertions, whatsoever of any nature, with regard to such Feedback.
Please provide only specific Feedback on Ayakshm's existing products or marketing strategies; do not include any ideas that Ayakshm's policy will not permit it to accept or consider.
Notwithstanding the above-mentioned clause, Ayakshm or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works ("Submissions") in any form to Ayakshm or any of its employees.
The purpose of this policy is to avoid potential misunderstandings or disputes when Ayakshm's products or marketing strategies might seem similar to ideas submitted to Ayakshm. If, despite our request to not send us your ideas, you still submit them, then regardless of what your letter says, the following terms shall apply to your Submissions.
Terms of Idea Submission
You agree that: (a) your Submissions and their Contents will automatically become the property of Ayakshm, without any compensation to you; (b) Ayakshm may use or redistribute the Submissions and their contents for any purpose and in any way; (c) there is no obligation for Ayakshm to review the Submission; and (d) there is no obligation to keep any Submissions confidential.

12. Additional Terms and Conditions for Customers using the various services offered by Ayakshm:

1. ONLINE Gym/Arena/Fitness-Studios MEMBERSHIP/ELITE MEMBERSHIP ORDERING:

Ayakshm provides online membership ordering services by entering into contractual arrangements with Gym/Arena/Fitness-Studios partners and on a principal-to-principal basis for the purpose of listing their Gym/Arena/Fitness-Studios or the Products/Services (as defined below) for online membership ordering by the Customers on the Ayakshm Platform.
The Customers can access the specific Gym/Arena/Fitness-Studios listed on the Ayakshm Platform and place online membership orders against the Gym/Fitness-Arena/Fitness-studios Partner(s)/Store(s) through Ayakshm.
Your request to order membership from a Gym/Arena/Fitness-Studios Partner or Ayakshm Elite Store page on the Ayakshm Platform shall constitute an unconditional and irrevocable authorization issued in favor of Ayakshm to place online membership orders for Gym/Arena/Fitness-Studios or /Services Products against the Gym/Arena/Fitness-Studios Partner(s)/Store(s) on your behalf.
Fulfillment of a membership order placed by you through the Ayakshm Platform undertaken directly by the Gym/Arena/Fitness-Studios Partner against whom you have placed a membership order, In these cases, Ayakshm is merely acting as an intermediary between you and the Fulfillment Partners, or you and the Gym/Arena/Fitness-Studios Partner or the Store, as the case may be.
The acceptance of Fulfillment of your membership order shall constitute a contract of service under the Consumer Protection Act, 2019 or any successor legislations, between you and the Gym/Arena/Fitness-Studios, to which Ayakshm is not a party under any applicable law. It is clarified that Ayakshm does not provide any Fulfillment or logistics services and only enables the Fulfillment of service offered or membership ordered by the Customers through the Ayakshm Platform by connecting the Customers with the Gym/Arena/Fitness-Studios Partners or the Store, as the case may be.
Where Ayakshm is facilitating Fulfillment of a membership order placed by you, Ayakshm shall not be liable for any acts or omissions on part of the Fulfillment Partner including deficiency in service, wrong Fulfillment of membership order, time taken to deliver the membership order, membership order cancellation, etc.
You may be charged a Fulfillment fee for Fulfillment of your membership order by the Fulfillment Partner or the Gym/Arena/Fitness-Studios Partner or the Store, as the Fulfillment Partner or the Gym/Arena/Fitness-Studios Partner or the Store may determine (“Fulfillment Charges"). You agree that Ayakshm is authorized to collect, on behalf of the Gym/Arena/Fitness-Studios Partner or the Fulfillment Partner or the Store, the Fulfillment Charges for the Fulfillment service provided by the Gym/Arena/Fitness-Studios Partner or the Store or the Fulfillment Partner, as the case may be. The Fulfillment Charges may vary from membership order to membership order, which may be determined on multiple factors which shall include but not be limited to Gym/Arena/Fitness-Studios Partner / Store, membership order value, distance, time of the day. Ayakshm will inform you of the Fulfillment Charges that may apply to you, provided you will be responsible for Fulfillment Charges incurred for your membership order regardless of your awareness of such Fulfillment Charges.

* Fulfillment Partners may be referred to Gym/Arena/Fitness-Studios owners or staff.

Online Membership ordering with Gym/Arena/Fitness-Studios Partners:

All prices listed on the Ayakshm Platform are provided by the Gym/Arena/Fitness-Studios Partner at the time of publication on the Ayakshm Platform and have been placed as received from the Gym/Arena/Fitness-Studios Partner. While we take great care to keep them up to date, the final price charged to you by the Gym/Arena/Fitness-Studios Partner may change at the time of Fulfillment. In the event of a conflict between price on the Ayakshm Platform and price charged by the Gym/Arena/Fitness-Studios Partner, the price charged by the Gym/Arena/Fitness-Studios Partner shall be deemed to be the correct price except Fulfillment Charge of Ayakshm.

You will be responsible to pay the Partnered Gym/Arena/Fitness-Studios(s) all costs and charges payable for Membership and all the other items for which you have placed a Membership order.

Ayakshm Elite Store for Online ordering:
1. Ayakshm operates its online Elite products line under the name of Ayakshm Elite.
2. As a Elite user you can avail/purchase specifics products/services mentioned under Elite Store on Ayakshm Platform.
3. As a member of Ayakshm in India, you can avail Discount (as defined on the purchase page) on Elite order placed by You from Ayakshm Elite Store.
4. The number of products offered may be modified.
5. The Discount can be availed only for Elite orders placed from Elite Store.
6. Ayakshm reserves the right to add exclusion days to Ayakshm Elite Store on Online Elite products ordering at its discretion which will be communicated from time to time.
7. The term of your Ayakshm Elite membership shall be subject to the membership plan opted by You.

General Terms and Conditions

Ayakshm merely places an membership order against the Gym/Arena/Fitness-Studios Partner(s)/Store(s) on behalf of the Customers pursuant to the unconditional and irrevocable authority granted by the Customers to Ayakshm, and facilitates the sale and purchase of membership for using Gym/Arena/Fitness-Studios or Products between Customers and Gym/Arena/Fitness-Studios Partners/Store(s), under the contract for sale and purchase of Products between the Customers and Gym/Arena/Fitness-Studios or Partners/Store(s).
Ayakshm shall not be liable for any acts or omissions on part of the Gym/Arena/Fitness-Studios Partner/Store(s) including deficiency in service, wrong Fulfillment of membership order / membership order mismatch, quality, incorrect pricing, deficient quantity, time for which membership is provided to the customer etc.
The Gym/Arena/Fitness-Studios Partner(s)/Store(s) shall be solely responsible for any warranty/guarantee of the promised services or the amenities said to be offered or Products sold to the Customer and in no event shall be the responsibility of Ayakshm.
It is hereby clarified by Ayakshm that the liability of any violation of the applicable rules and regulations made thereunder shall solely rest with the sellers/brand owners, vendors, Gym/Arena/Fitness-Studios Partner(s)/Store(s), importers or fulfillment providers of the said services/products. For the purpose of clarity Pre-Packed Goods shall mean the product items which is placed in a package of any nature, in such a manner that the contents cannot be changed without tampering it and which is ready for sale to the customer or as may be defined under the Safety and Standards Act, from time to time.
You or any person instructed by you shall not resell Products purchased via the Ayakshm Platform.
The total price for membership/Elite Product ordered, including the Fulfillment 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.

Cancellation and refund policy:
1. 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, Fulfillment address etc., or that you were unresponsive, not reachable or unavailable for fulfillment of the services offered to you, shall amount to breach of your unconditional and irrevocable authorization in favor 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.
2. There may be cases where Ayakshm is either unable to accept your membership/Elite order or cancels the membership order, due to reasons including without limitation, technical errors, unavailability of the item(s) membership ordered, or any other reason attributable to Ayakshm, Gym/Arena/Fitness-Studios Partner/Store or Fulfillment Partner. In such cases, Ayakshm shall not charge a cancellation charge from you. If the membership order is cancelled after payment has been charged and you are eligible for a refund of the Membership order Value or any part thereof, the said amount will be reversed to you.
3. No replacement / refund / or any other resolution will be provided without Gym/Arena/Fitness-Studios Partner’s/Store(s)’ permission.
4. Any complaint, with respect to the Membership order which shall include Fulfillment of the wrong membership order or Services or Products, poor quality, you will be required to share the proof of the same before any resolution can be provided.
5. You shall not be entitled to a refund in case instructions placed along with the Membership order are not followed in the form and manner You had intended. Instructions are followed by the Gym/Arena/Fitness-Studios Partner /Store on a best-efforts basis.
6. All refunds if any shall be processed in the same manner as they are received, unless refunds have been provided to You in the form of credits, refund amount will reflect in your account based on respective banks policies.

#AYAKSHM Elite:

Ayakshm Elite

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

Ayakshm Elite Membership:

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.
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.
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.

Currently there is no limit on the number of times the Elite order purchasing.
Ayakshm Elite members on online membership ordering:
1. Will get special Fulfillment 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 a 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 www.ayakshm/privacy
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 honor 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 and we shall use our best endeavor to assist you.
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. *
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.
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.
Contact Us: You may contact us at ayakshm.app for any further queries about and Ayakshm Elite.

#SERVICE OFFERED BY Gym/Arena/Fitness-Studios:

The Gym/Arena/Fitness-Studios are in mutual contract with Ayakshm to onboard users across the country to Ayakshm portal to provide their services efficiently.
Some complimentary services provided on Ayakshm app/web to help users to get best out its services is solely offered by Ayakshm.
Users can place membership request on Ayakshm, subjected to approve only by Gym/Arena/Fitness-Studios owners. Ayakshm plays no part on accepting onboarding users’ requests.
Information displayed on Ayakshm about Gym/Arena/Fitness-Studios is uploaded by Gym/Arena/Fitness-Studios owners. Ayakshm doesn’t not authenticate any information provided by Gym/Arena/Fitness-Studios owners including Name, Address, Images and Timings.
The Gym/Arena/Fitness-Studios Ratings is an feature of Ayakshm to Grade Gym/Arena/Fitness-Studios. The Customer acknowledges that Ayakshm is merely acting as a facilitator in the Rating and does not conduct any rating audit by itself.
The Customer understands and agrees that the Rating(s) displayed on the Ayakshm Platform are for informational purposes only and merely indicate the standards of a Gym/Arena/Fitness-Studios at the time such review/rating is provided by the users. The Rating(s) shall not be deemed to be an indicator to the Gym/Arena/Fitness-Studios quality standards maintained by a Gym/Arena/Fitness-Studios.
Validity:

Ayakshm reserves the right to remove the Rating(s) for a Gym/Arena/Fitness-Studios, without any prior intimation to the Customer.

Disclaimer and Liability:
- Any actions taken by a Customer relying upon the Rating(s) or any information displayed in this regard on the Ayakshm Platform shall be strictly at such Customer's own risk and Ayakshm shall in no manner be held liable for any losses or damages that may arise in connection with the use of this information or any inaccuracy, invalidity or discrepancy in the Rating(s). Ayakshm expressly disclaims all liabilities that may arise in connection to the reliance by a Customer on such Rating(s) including without limitation, any usage of Gym/Arena/Fitness-Studios or any other service offered at a Gym/Arena/Fitness-Studios, or any other services that may be Provided by a Gym/Arena/Fitness-Studios.
- Ayakshm shall under no circumstances be held liable if a Gym/Arena/Fitness-Studios does not display the correct and accurate Rating(s) on its Gym/Arena/Fitness-Studios premises, website or any other platform.
The Customer acknowledges that the Rating(s) as displayed on the Ayakshm Platform shall under no circumstances be construed to be a Proof of the quality standards or practices that are being adopted by the Gym/Arena/Fitness-Studios and such Rating(s) shall not be used as evidence in a court of law or governmental authority or disputed in any manner whatsoever. The Customer further understands that the Gym/Arena/Fitness-Studios is solely responsible to maintain the quality and Gym/Arena/Fitness-Studios safety standards in compliance with the applicable laws.
Contact Us: You may contact us at help.ayakshm@gmail.com for any further queries with regard to Ratings.

5. Generic Terms on services offered by Ayakshm:

General Terms and Conditions
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 and 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.
1. The Customers can access the Gym/Arena/Fitness-Studios listed on the Ayakshm Platform and place online membership orders directly with the Merchant(s) through the Ayakshm Platform.
2. Your request to membership order Gym/Arena/Fitness-Studios from a Merchant listed on the Ayakshm Platform shall constitute an unconditional and irrevocable authorization issued in favor of Ayakshm to place online membership orders for Gym/Arena/Fitness-Studios against the Merchant on your behalf.
3. Fulfillment of a membership order placed by you through the Ayakshm Platform shall be facilitated by Ayakshm through third-party Fulfillment partners who may be available to Provides Fulfillment services to you (“Fulfillment Partners”). Ayakshm is merely acting as an intermediary between you and the Fulfillment Partners, for the purpose of facilitating the Fulfillment of your membership order(s). Ayakshm shall not be liable for any acts or omissions on part of the Fulfillment Partner including deficiency in service, wrong Fulfillment of membership order, time taken to deliver the membership order, membership order package tampering, etc.
4. The acceptance by a Fulfillment Partner of undertaking Fulfillment of your membership order shall constitute a contract of service under the Consumer Protection Act, 2019 or any successor legislations, between you and the Fulfillment Partner, to which Ayakshm is not a party under any applicable law. It is clarified that Ayakshm does not Provides any Fulfillment or logistics services and only enables the Fulfillment of Gym/Arena/Fitness-Studios membership ordered by the Customers through the Ayakshm Platform by connecting the Customers with the Fulfillment Partners.
5. You may be charged a Fulfillment fee for Fulfillment of your membership order by the Fulfillment Partner, as the Fulfillment Partner may determine (“Fulfillment Charges”) *. You agree that Ayakshm is authorized to collect, on behalf of the Fulfillment Partner, the Fulfillment Charges for the Fulfillment service Provided by the Fulfillment Partner. The Fulfillment Charges may vary from membership order to membership order, which may be determined on multiple factors which shall include but not be limited to membership order value, distance, demand during peak hours. Ayakshm will inform you of the Fulfillment Charges that may apply to you, provided you will be responsible for Fulfillment Charges incurred for your membership order regardless of your awareness of such Fulfillment Charges.
6. In addition to the Fulfillment Charges, you may also be charged an amount towards Fulfillment of your membership order facilitated by the Fulfillment Partner, determined on the basis of various factors including but not limited to time taken, demand for Fulfillment, real time analysis of conditions, seasonal peaks or such other parameters as may be determined from time to time (“Fulfillment Surge"). You agree that Ayakshm is authorized to collect the Fulfillment Surge, on behalf of the Fulfillment Partner, for the Fulfillment service Provided by the Fulfillment Partner. The Fulfillment Surge may vary from membership order to membership order, which may be determined on multiple factors which shall include but not be limited to membership order value, distance, demand during peak hours. Ayakshm will use reasonable efforts to inform you of the Fulfillment Surge that may apply to you, provided you will be responsible for Fulfillment Surge incurred for your membership order regardless of your awareness of such Fulfillment Surge.
7. Services will be available to only select geographies, and shall be subject to restrictions based on the operational hours and days of the Merchant(s)
8. All Gym/Arena/Fitness-Studios services listed on the Ayakshm Platform will be sold at MRP unless otherwise specified. The prices listed on the Ayakshm Platform are as received from the Merchant(s). While Ayakshm takes great care to keep them up to date, the final price charged to you by the Merchant(s) may change at the time of Fulfillment. In the event of a conflict between price on the Ayakshm Platform and price charged by the Merchant(s), the price charged by the Merchant(s) shall be deemed to be the correct price except Fulfillment Charge charged by the Fulfillment Partner. In case the prices are higher or lower on the date of Fulfillment, additional charges will be collected or refunded as the case may be at the time of the Fulfillment of the membership order.
9. The total price for the Gym/Arena/Fitness Studios, including the Fulfillment 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 rupee. The Customers shall make full payment towards such Gym/Arena/Fitness-Studios membership ordered via the Ayakshm Platform.
10. Any amount that may be charged to you by Ayakshm over and above the membership order value, shall be inclusive of applicable taxes.
11. Ayakshm disclaims all warranties and liabilities, including liabilities with respect to ingredients and label, associated with any Service or Product(s) offered under the Nutrition Business. All commercial / contractual terms, with respect to the sale/ purchase/ Fulfillment and utilization of the Gym/Arena/Fitness-Studios are offered by and agreed to between the Customer and the Merchant and the contract for purchase of any of the Nutrition Product, offered for sale on the Ayakshm Platform by the Merchant shall strictly be a bipartite contract between the Merchant and You.
12. The content on the Ayakshm Platform with respect to Service or Product(s) is purely informative and educational and and motivational in nature and should not be construed as medical advice. Please use the Service or Product(s) only in consultation with an appropriate certified medical or healthcare Professional.
13. Ayakshm does not endorse any research or claim with respect to Nutrition Product(s) published on the Ayakshm Platform. It is clarified that the Nutrition Product(s) are not intended to diagnose, treat, cure, or prevent any disease.
14. Ayakshm is not a manufacturer, seller or distributor of the Gym/Arena/Fitness-Studios but is merely an intermediary facilitating sale and purchase of Gym/Arena/Fitness-Studios through the Ayakshm Platform.
15. All items offered for sale on the Ayakshm Platform, and the content made available by Ayakshm and the Merchants, are third party user generated contents and third-party Products. Ayakshm has no control over such third-party user generated contents and/ Products and does not originate or initiate the transmission, or select the sender/recipient of the transmission, or the information contained in such transmission.
16. Ayakshm shall not be liable for any acts or omissions on part of the Merchant(s) including deficiency in service, wrong Fulfillment of membership order / membership order mismatch, quality, incorrect pricing, deficient quantity, time taken to fulfill the membership order, etc.
17. The Merchant shall be solely responsible to ensure that the Gym/Arena/Fitness-Studios listed on the Ayakshm Platform are kept in service for successful fulfillment of membership orders received. Ayakshm is not responsible if the Merchant(s) does not fulfil the contract for sale of Gym/Arena/Fitness-Studios membership orders which are due to no vacant slots, back membership ordered or otherwise unavailable, but were shown as available on the Ayakshm Platform at the time of placement of membership order by the Customer. Ayakshm shall not in any manner be liable to mediate any dispute between the Merchant and Customer regarding the non-performance or breach of contract entered between the Merchant and You regarding the sale and purchase of Gym/Arena/Fitness-Studios membership order through Ayakshm Platform.
18. Ayakshm reserves the right, at its sole discretion, to limit the number of items purchased per person, or per membership order. These restrictions may be applicable to membership orders placed by the same account, the same credit/debit card, and also to membership orders that use the same billing and/or shipping address. Ayakshm also reserves the right, at its sole discretion, to Prohibit sales to anyone as we may deem fit.
19. Please note that some of the Gym/Arena/Fitness-Studios may be suitable for certain ages only. You should check the Gym/Arena/Fitness Studios from you are ordering membership and read its description, if Provided, prior to placing your membership order. Ayakshm shall not be liable in the event the Gym/Arena/Fitness Studios membership ordered by You does not meet your physically, dietary or any other requirements and/or restrictions.
20. While placing a membership order you shall be required to Provides certain details, including without limitation, contact number and Fulfillment address. You agree to take particular care when Providing these details and warrant that these details are accurate and complete at the time of placing a Membership order. By Providing these details, you express your acceptance to Ayakshm's terms and privacy policies.
21. You or any person instructed by you shall not resell the services or products purchased via the Ayakshm Platform.
22. Fulfillment periods quoted at the time of membership ordering are approximate only and may vary.
23. All offers or discounts or deals on Gym/Arena/Fitness-Studios shall be for limited slots and limited period(s). Ayakshm reserves the right to alter, extend or withdraw, as the case may be, any offers or discounts or Promotions extended by Ayakshm at any time without giving any prior notice to the Customers. In such cases, such revision will be updated on the Ayakshm Platform accordingly.
24. Any personal Promo code issued to the Customer can only be used by the Customer subject to such terms and conditions set forth by Ayakshm from time to time.
25. Contact Us: For any further query with regard to Ayakshm Nutrition, you may contact us via in app support or write to us at help.ayakshm@gmail.com.
Fulfillment Partners & Merchant(s) may be referred to Gym/Arena/Fitness-Studios owners or staff.
Cancellation, Return and Refund:
1. Cancellation/Refund Request by Customer:

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/refund.
1. Cancellation by Ayakshm:

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/refund.

Review Guidelines for Gym/Arena/Fitness Studios: While we welcome our Customer’s opinion and descriptions of their experience(s), You agree and acknowledge that your reviews and photos, as well as your Profile and the rating/comments you share regarding Gym/Arena/Fitness Studios, are subject to the guidelines as detailed below:
1. Only one review/rating for each Gym/Arena/Fitness-Studios can be submitted and your most recent experience counts. You may edit and update your review based on subsequent membership orders at any time. Please note, reviews about old Product experiences (more than 6 months old) will be deleted from the Ayakshm Platform.
2. Most of the Gym/Arena/Fitness-Studios require at least one month of regular use to become effective, hence it is recommended that you share a descriptive review about your experience post using the Gym/Arena/Fitness-Studios for at least a month.
3. Ayakshm may in its sole discretion remove or moderate the reviews altogether without any notice if; any review is filled with junk, foul/abusive/hateful language, threats, and lewdness and/or if the review is irrelevant, inappropriate, or includes Promotional content, and/or reviews with similar digital signatures, and/or reviews based on any already disclaimed or informed policies and practices of a merchant, and/or if the review is plagiarized (in full or in part). This also includes (but is not limited to) derogatory comments on someone's Protected characteristics (e.g., race, gender, religion) or indication of a personal vendetta against Ayakshm, Gym/Arena/Fitness-Studios and their associates.
4. Please note, if your review for a Gym/Arena/Fitness-Studios has been removed or moderated by Ayakshm and if you repost another experience for the same Product, we reserve the right to remove that review too, even though such review might be in line with our content guidelines. In the case of spam, Ayakshm may restrict your review activity on Ayakshm.
5. The content added by You shall follow the terms and guidelines mentioned and as well as the applicable law.

XIV. Disclaimer of warranties, limitation of liability, and Indemnification

1. Disclaimer of Warranties

YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AYAKSHM, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, BRANCHES, SUBSIDIARIES, AND LICENSORS ("AYAKSHM PARTIES") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES INCLUDING MOBILE APPS AND YOUR USE OF THEM. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE AYAKSHM PARTIES MAKE NO WARRANTIES OR REPRESENTATIONS THAT THE SERVICES HAVE BEEN AND WILL BE PROVIDED WITH DUE SKILL, CARE AND DILIGENCE OR ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT AND ASSUME NO RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES THROUGH THE ACTIONS OF ANY THIRD PARTY, (VI) ANY LOSS OF YOUR DATA OR CONTENT FROM THE SERVICES AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. THE AYAKSHM PARTIES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDESRS OF PRODUCTS OR SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER CUSTOMERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AYAKSHM OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. UNLESS YOU HAVE BEEN EXPRESSLY AUTHORIZED TO DO SO IN WRITING BY AYAKSHM, YOU AGREE THAT IN USING THE SERVICES, YOU WILL NOT USE ANY TRADE MARK, SERVICE MARK, TRADE NAME, LOGO OF ANY COMPANY OR ORGANIZATION IN A WAY THAT IS LIKELY OR INTENDED TO CAUSE CONFUSION ABOUT THE OWNER OR AUTHORIZED USER OF SUCH MARKS, NAMES OR LOGOS.

2. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AYAKSHM PARTIES BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, AND/OR (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES INCLUDING MOBILE APP, AND/OR (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, AND/OR (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS, AND/OR (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY LOSS OF YOUR DATA OR CONTENT FROM THE SERVICES, AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE AYAKSHM PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR (VIII) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS OR OUR PRIVACY POLICY, AND/OR (IX) YOUR FAILURE TO KEEP YOUR PASSWORD/OTP OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, AND/OR (X) LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES, AND/OR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND AYAKSHM'S REASONABLE CONTROL. IN NO EVENT SHALL THE AYAKSHM PARTIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO, ANY LOSS OF ELITEFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF ELITECUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS.

Indemnification

You agree to indemnify, defend, and hold harmless the Ayakshm Parties from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with: (i) Your Content, (ii) your unauthorized use of the Services, or Products or services included or advertised in the Services; (iii) your access to and use of the Services; (iv) your violation of any rights of another party; or (v) your breach of these Terms, including, but not limited to, any infringement by you of the copyright or intellectual Property rights of any third party. We retain the exclusive right to settle, compromise and pay, without your prior consent, any and all claims or causes of action which are brought against us. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter in which we are named as a defendant and/or for which you have indemnity obligations without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

XV. Termination of your access to the services

1. You can delete your account at any time by contacting us via the "Contact Us" link at the bottom of Help Page.

2. We may terminate your use of the Services and deny you access to the Services in our sole discretion for any reason or no reason, including your: (i) violation of these Terms; or (ii) lack of use of the Services. You agree that any termination of your access to the Services may be affected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and/or bar any further access to your account or the Services. If you use the Services in violation of these Terms, we may, in our sole discretion, retain all data collected from your use of the Services. Further, you agree that we shall not be liable to you or any third party for the discontinuation or termination of your access to the Services

XVI. General terms

1. Interpretation:

The section and subject headings in these Terms are included for reference only and shall not be used to interpret any provisions of these Terms.

2. Entire Agreement and Waiver:

The Terms, together with the 'Privacy Policy' and 'Guidelines and Policies', shall constitute the entire agreement between you and us concerning the Services. No failure or delay by us in exercising any right, power or privilege under the Terms shall operate as a waiver of such right or acceptance of any variation of the Terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of that right or the exercise of any other right, power or privilege.

3. Severability:

If any Provision of these Terms is deemed unlawful, invalid, or unenforceable by a judicial court for any reason, then that Provision shall be deemed severed from these Terms, and the remainder of the Terms shall continue in full force and effect.

4. Partnership or Agency:

None of the Provisions of these Terms shall be deemed to constitute a partnership or agency between you and Ayakshm and you shall have no authority to bind Ayakshm in any form or manner, whatsoever.

5. Governing Law/Waiver:

## For Customers residing in India: These Terms shall be governed by the laws of India. The Courts of Haryana shall have exclusive jurisdiction over any dispute arising under these terms.

(e) For all Customers: YOU MUST COMMENCE ANY LEGAL ACTION AGAINST US WITHIN 7 DAYS AFTER THE ALLEGED HARM INITIALLY OCCURS. FAILURE TO COMMENCE THE ACTION WITHIN THAT PERIOD SHALL FOREVER BAR ANY CLAIMS OR CAUSES OF ACTION REGARDING THE SAME FACTS OR OCCURRENCE, NOTWITHSTANDING ANY STATUTE OF LIMITATIONS OR OTHER LAW TO THE CONTRARY. WITHIN THIS PERIOD, ANY FAILURE BY US TO ENFORCE OR EXERCISE ANY PROVISION OF THESE TERMS OR ANY RELATED RIGHT SHALL NOT CONSTITUTE A WAIVER OF THAT RIGHT OR PROVISION.

6. Carrier Rates may Apply:

By accessing the Services through a mobile or other device, you may be subject to charges by your Internet or mobile service Providers, so check with them first if you are not sure, as you will be solely responsible for any such costs incurred

7. Linking and Framing:

You may not frame the Services. You may link to the Services, Provided that you acknowledge and agree that you will not link the Services to any website containing any inappropriate, Profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information or that violates any intellectual Property, Proprietary, privacy, or publicity rights. Any violation of this Provision may, in our sole discretion, result in termination of your use of and access to the Services effective immediately.

XVII. Notice of copyright infringement

Ayakshm shall not be liable for any infringement of copyright arising out of materials posted on or transmitted through the Ayakshm Platform, or items advertised on the Ayakshm Platform, by end users or any other third parties. We respect the intellectual Property rights of others and require those that use the Services to do the same. We may, in appropriate circumstances and at our discretion, remove or disable access to material on the Services that infringes upon the copyright rights of others. We also may, in our discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that any Customers of the Services repeatedly infringe on others' copyrights, we may in our sole discretion terminate those individuals' rights to use the Services If you believe that your copyright has been or is being infringed upon by material found in the Services, you are required to follow the below Procedure to file a notification:

Identify in writing the copyrighted material that you claim has been infringed upon.
Identify in writing the material on the Services that you allege is infringing upon copyrighted material, and Provides sufficient information that reasonably identifies the location of the alleged infringing material (for example, the user name of the alleged infringer and the business listing it is posted under);
Include the following statement: "I have a good faith belief that the use of the content on the Services as described above is not authorized by the copyright owner, its agent, or law";
Include the following statement: "I swear under penalty of perjury that the information in my notice is accurate and I am the copyright owner, or I am authorized to act on the copyright owner's behalf";
Provides your contact information including your address, telephone number, and e-mail address (if available);
Provides your physical or electronic signature.
Send us a written communication to help.ayakshm@gmail.com
You may be subject to liability if you knowingly make any misrepresentations on a take-down notice.

XVIII. Contact Us:

1. Details of the Company

Legal Entity Name: Ayakshm LLP
CIN: AAW-1785
Registered Address: Ayakshm LLP, #1320 D, Village Chautala, District Sirsa, Haryana- India
Details of website and Application: www.Ayakshm.app (“Website”) and “Ayakshm” application for mobile and handheld devices
Contact Details: help.ayakshm@gmail.com

2. Grievance Redressal Mechanism:

Customer Care Channels
- You may write to us at help.ayakshm@gmail.com and we will strive to resolve your membership order related grievance within the timelines prescribed under applicable laws.
- In case you do not receive a satisfactory response from the chat support and help.ayakshm@gmail.com as the case maybe, you can escalate the matter to our Grievance Officer by giving reference of the ticket number/conversation generated from help.ayakshm@gmail.com and we shall address your concern within an estimated time of forty-eight (48) hours.

For Customers residing in India, please note, in compliance with The Information Technology Act, 2000 and the rules made thereunder, as well as The Consumer Protection Act 2019, and the rules made thereunder, the grievance redressal mechanism, including the contact details of the Grievance Officer and Nodal Officer are given herein above.

For Customers residing in India:
Grievance Officer, Ayakshm LLP, #1320 D, Village Chautala, District Sirsa, Haryana- India
Email address: help.ayakshm@gmail.com

*Please note: Ayakshm does not solicit confidential information such as OTP/CVV/PIN NUMBER/Card number either through call or mail or any other means. Please do not reveal these details to fraudsters and imposters claiming to be calling on Ayakshm’s behalf. You may report such suspicious activities to help.ayakshm@gmail.com