Terms of use

Last updated 1st February 2024,

Welcome to ROHFIT (the “Platform”), an e-commerce platform operated by Pathfinder LP (“Pathfinder”, “Company”, “we,” “us” or “our”). The firm’s registered office is located at Building No 5, 143, 1st Floor, Akshay Building, Andheri Kurla Road, Mittal Industrial Estate, Andheri East, Mumbai, Maharashtra 400059 Mumbai, India.

This document is an electronic record in terms of Information Technology Act, 2000 and Digital Personal Data Protection Act, 2023 published in accordance with the provisions of Rule 4 of the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 that require publishing the Rules and Regulations, Privacy Policy and Terms of Use for access or usage of Platform through ROHFIT Mobile Application (hereinafter referred to as “Mobile Application”) and Website – [https://rohfit.com/] (hereinafter referred to as "Website") and our related Website, Application, Services, Products, Devices and content (together with the Mobile Application and Website, collectively referred to as “Services”).

AGREEMENT TO TERMS

User Agreement: These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you” or “user” or “client”) and Company, concerning your access to and use of the Website and ROHFIT Mobile Application as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Website and Mobile Application”). Company may have subsidiaries and affiliated legal entities around the world ("Subsidiaries and Affiliates"), providing the Services to you on behalf of the Company. You acknowledge and agree that the Subsidiaries and Affiliates will be entitled to provide the Services to you under the terms of this Agreement. You agree that by accessing the Website and/or Mobile Application, you have read, understood, and agree to be bound by all of these Terms of Use.

IF YOU DO NOT AGREE WITH ALL OR ANY OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE WEBSITE AND MOBILE APPLICATION AND YOU MUST DISCONTINUE THEIR USE IMMEDIATELY.

Changes to Terms of Use: Supplemental Terms of Use or documents that may be posted on the Website/Mobile Application from time to time are hereby expressly incorporated herein by reference. Company reserves the right, in its sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Website/Mobile Application or using any of the Services after the date such revised Terms of Use become effective.

The information provided on the Website/Mobile Application is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Website/Mobile Application from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

Eligibility:

You must be at least 18 to enrol with a Mentor on the Platform. If you are below the ages of 18 (“Minor”), you may use our Services only with the supervision and consent of a parent or guardian. No individual under these age limits may use our Services, provide any Personal Data to Company, or otherwise submit Personal Data (hereinafter referred to as “Personal Data”) through the Services (including but not limited to a name, address, telephone number, or email address).

As a minor if You wish to use Our Products or Services, such use shall be made available to You by Your legal guardian or parents, who has agreed to these Terms. In the event a minor utilizes the Application/Website/Services, it is assumed that he/she has obtained the consent of the legal guardian or parents and such use is made available by the legal guardian or parents. The Company will not be responsible for any consequence that arises as a result of misuse of any kind of Our Website or any of Our Products or Services that may occur by virtue of any person including a minor registering for the Services/Products provided. By using the Products or Services You warrant that all the data provided by You is accurate and complete and that the Minor using the Website has obtained the consent of parent/legal guardian. The Company reserves the right to terminate Your account and / or refuse to provide You with access to the Products or Services if it is discovered that You are under the age of 18 (eighteen) years and the consent to use the Products or Services is not made by Your parent/legal guardian or any information provided by You is inaccurate. You acknowledge that the Company does not have the responsibility to ensure that You conform to the aforesaid eligibility criteria. It shall be Your sole responsibility to ensure that You meet the required qualification. Any persons under the age of 18 (eighteen) should seek the consent of their parents/legal

guardians before providing any Information about themselves or their parents and other family members on the Website.

OUR SERVICES

Our Services allow you to purchase from us various Products and services related to Company’s focus on your wellness. Few categories of such Products and services are listed below as an illustration. We reserve the right to amend, discontinue, withdraw, or cease our service offerings at any time.

Physical Wellness –
1. Physical Activity and exercise
2. Nutrition
3. Stress management
4. Yoga and body movement
5. Sleep
6. Sports driven wellness
7. Illness & injury prevention
8. Physical rejuvenation
9. Sexual health and wellness
Intellectual Wellness
1. Skill building and creativity
2. Resource management
3. Hobby experimentation
4. Travel blogging and exploration
5. Philosophy and historic infotainment
6. Practical and theoretical knowledge
7. Speech and text practices / learning
8. Creativity expansion and memory gym
9. Cognition and brain work
10. Clarity and mental fortitude
Occupational Wellness
1. Work and life balance
2. Leisure and recreational activities
3. Motivation and inspirational content
4. Communication and collaboration in the workplace
5. Reward systems and mental focus
6. Time and energy management
7. Job prospects and interview preparation/tips
8. Career goals and life planning
9. Application of education in the corporate world
10. Workplace etiquette and culture
11. Entrepreneurship and idea sparking
Social Wellness
1. Behavioural and physiological practices
2. Charisma and personality building
3. Group relationship tips & tricks
4. Self-confidence and character work
5. Community building & inclusivity practices
6. Compassion and community service
7. Society and event work
8. Presentation, styling and fashion
9. Conversation and interaction tips
Mental Wellness
1. Meditation & breathwork
2. Mindfulness routines
3. Self-care and unwinding practices
4. Anxiety & fear management
5. Trauma and depression therapy
6. Self-confidence and personality development
7. Counselling and psychological therapy
8. Rehab and addiction therapy
9. Relationship / couples therapy
Spiritual Wellness
1. Astrology and numerology
2. Spiritual meditation practices
3. Mystical spirituality
4. Detachment and self-reflection
5. Peace, joy & positivity practices
6. Self-exploration and enlightenment
7. Compassion and community service
8. Intellectual spirituality
9. Nature driven spirituality

INTELLECTUAL PROPERTY RIGHTS

ROHFIT is the registered Trademark of the Company. Unless otherwise indicated, the Website/Mobile Application is our proprietary property and all content, source code, databases, functionality, software, website designs, audio, video, text, images, photographs, graphics, illustrations, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials, including nutritional information contributed to the food database on the Website/Mobile Application (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of India, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Website/Mobile Application “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Website/Mobile Application and no Content or Marks may be modified, copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, performed, encoded, translated, transmitted, distributed, sold, licensed, create derivative works of or otherwise exploited for any commercial purpose whatsoever in whole or in part, without our express prior written permission.

Provided that you are eligible to use the Website/Mobile Application, you are granted a limited license to access and use the Website/Mobile Application and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Website/Mobile Application, the Content and the Marks.

Our commercial partners, suppliers, advertisers, sponsors, licensors, contractors, Mentors and other third parties may also have additional proprietary rights in the Content which they make available on our Services. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded to your computer, phone, tablet or any other mobile device, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other applications or networked computer environment is strictly prohibited unless you receive our prior written consent.

USER REPRESENTATIONS

By using the Website/Mobile Application, you represent and warrant that:

all registration information you submit will be true, accurate, current, and complete.
you will maintain the accuracy of such information and promptly update such registration information as necessary;
you have the legal capacity and you agree to comply with these Terms of Use;
you are not a minor in the jurisdiction in which you reside;
you will not access the Website/Mobile Application through automated or non-human means, whether through a bot, script or otherwise;
you will not use the Website/Mobile Application for any illegal or unauthorized purpose; and
your use of the Website/Mobile Application will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Website/Mobile Application (or any portion thereof).

USER REGISTRATION

You may be required to register with the Website/Mobile Application. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

FEES AND PAYMENT

We accept the following forms of payment:

Credit Card
Debit Card
Net Banking
Mobile Wallets
UPI

You may be required to purchase or pay a fee to access some of our Services. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Website/Mobile Application. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We bill you through an online billing account for purchases made via the Website/Mobile Application. Applicable taxes will be added to the price of purchases as deemed required by us. We retain the right to change prices at any time, without prior intimation. All payments shall be in Indian National Rupees (INR).

You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase.

We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Website/Mobile Application.

We use advanced encryption technology, consistent with industry practice, to protect your payment information. All payments on the Platform are processed through secure and trusted payment gateways, managed by leading banks or service providers. We understand that banks use the 3D secure password service for online transactions, adding another security layer.

Any accepted refunds/chargebacks will be routed back to the payer using the same mechanism by which payment was made. For example, an accepted refund for a payment made through a debit card, will be routed back to the debit card holder’s bank account.

Service Subscription: Any Service that requires subscription is automatically renewed at the end of each Subscription Period unless you cancel it at least 24 hours before the expiry of the current Subscription Period. If you do not cancel the Subscription at least 24 hours before the expiry of the current Subscription Period, the Subscription fees for the next Subscription Period will be taken during the 24 hours prior to the expiry of the current Subscription Period.

If a Subscription fee cannot be taken due to the absence of monetary funds, invalidity of credit card or for any other reasons, the Subscription will not automatically end. User will be provided an opportunity to pay the Subscription fee for a period of seven (7) days after the last date of Subscription. The Subscription will automatically restart as soon as valid payment details are provided, and User’s access to certain features of ROHFIT or Services shall be limited/suspended until such payment. Cancellation of a Subscription can only be done at your manual request. Please see the section below "How can I cancel a Subscription" for further details.

CANCELLATION

All _____________ Subscriptions are non-refundable, non-exchangeable, non-saleable and non-transferable

If you are not satisfied with our Services then you can ask for a Mentor change in the same tier as of your purchase or a refund by raising a ticket to cancel your package subscription at any time by logging into your account or contacting us using the contact information provided below. Your cancellation will take effect immediately upon approval.

Mentor change may only be provided in the same tier as that of the enrolled Mentor, at the sole discretion of the Company.

If you are unsatisfied with our services, or would like to request a return/refund, please email us at __________ (Support e-mail) or call us at ___________. You may also reach out to our Grievance Redressal Officer (see details in the ‘Complaints and Grievances’ section below). We will handle requests/complaints regarding our Products/Services per Grievance Redressal Policy. We may contact you to ascertain further information concerning defective Products/Services in our endeavour to resolve your grievance. Our decisions on complaints/grievances are final, and within our sole discretion.

COMMUNITY STANDARDS AND CONDUCT GUIDELINES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

Systematically retrieve data or other content from the Website/Mobile Application to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Make any unauthorized use of the Website/Mobile Application, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
Use a buying agent or purchasing agent to make purchases on the Website/Mobile Application.
Use the Website/Mobile Application to advertise or offer to sell goods and services.
Circumvent, disable, or otherwise interfere with security-related features of the Website/Mobile Application, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Website/Mobile Application and/or the Content contained therein.
Engage in unauthorized framing of or linking to the Website/Mobile Application.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Make improper use of our support services or submit false reports of abuse or misconduct.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Interfere with, disrupt, or create an undue burden on the Website/Mobile Application or the networks or services connected to the Website/Mobile Application.
Attempt to impersonate another user or person or use the username of another user.
Sell or otherwise transfer your profile.
Use any information obtained from the Website/Mobile Application in order to harass, abuse, or harm another person.
“Stalk” or otherwise harass another user or employee of the Services.
Access or attempt to access another user’s account without his or her consent.
Use the Website/Mobile Application as part of any effort to compete with us or otherwise use the Website/Mobile Application and/or the Content for any revenue-generating endeavour or commercial enterprise.
Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website/Mobile Application.
Attempt to bypass any measures of the Website/Mobile Application designed to prevent or restrict access to the Website/Mobile Application, or any portion of the Website/Mobile Application.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Website/Mobile Application to you.
Delete the copyright or other proprietary rights notice from any Content.
Copy or adapt the Website/Mobile Application software, including but not limited to Flash, PHP, HTML, JavaScript, Angular or any other code.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Website/Mobile Application or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Website/Mobile Application.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Website/Mobile Application, or using or launching any unauthorized script or other software.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Website/Mobile Application.
Use the Website/Mobile Application in a manner inconsistent with any applicable laws or regulations.

Your privilege to use the Services (including your ability to contribute to discussions on the Public Forum or communicate with Mentors and/or other users on ROHFIT) depends on your compliance with the community standards and conduct guidelines set forth above. We may revoke your privileges to use all or a portion of the Services and/or take any other appropriate measures to enforce these community standards and conduct guidelines if violations are brought to our attention. Further, if you fail to adhere to our community standards and conduct guidelines, or any part of these Terms & Conditions, we may terminate, in our sole discretion, your use of, or participation in, any Public Forum or the Services. Any violation of this section may subject you to civil and/or criminal liability.

YOU AGREE AND UNDERSTAND THAT YOU MAY BE HELD LEGALLY RESPONSIBLE FOR DAMAGES SUFFERED BY OTHER MEMBERS OR THIRD PARTIES AS THE RESULT OF YOUR REMARKS, INFORMATION, FEEDBACK OR OTHER CONTENT POSTED OR MADE AVAILABLE ON THE SERVICES (INCLUDING ANY FORUM) THAT IS DEEMED DEFAMATORY OR OTHERWISE LEGALLY ACTIONABLE. UNDER SECTION 79 OF THE INFORMATION TECHNOLOGY AMENDMENT ACT, 2008, COMPANY IS NOT LEGALLY RESPONSIBLE, NOR CAN IT BE HELD LIABLE FOR DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION TO ANY DEFAMATORY OR OTHERWISE LEGALLY ACTIONABLE REMARKS, INFORMATION, FEEDBACK OR OTHER CONTENT POSTED OR MADE AVAILABLE ON THE SERVICES.

ANTI HARASSMENT POLICY

We do not tolerate harassment on ROHFIT. We want people to feel safe to engage and connect with their community. Our harassment policy applies to both public and private individuals because we want to prevent unwanted or malicious contact on the platform. Context and intent matter, and we allow people to share posts if it is clear that something was shared in order to condemn or draw attention to harassment. In addition to reporting such behavior and content, we encourage people to use tools available on ROHFIT to help protect against it. Anyone found in violation of this Harassment Policy will be banned immediately from the ROHFIT community and the users ROHFIT Account will be terminated.

Do not:

Repeatedly contact a single person despite that person's clear desire and action to prevent that contact.
Repeatedly contact large numbers of people with no prior solicitation.
Make Posts, Comments or Send messages that contain:
1. Cursing aimed at an individual or group of individuals in any conversation thread.
2. Calls for death, serious disease or disability, or physical harm aimed at an individual or group of individuals in the thread.
3. trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people.
4. Claims that a victim of a violent tragedy is lying about being a victim, acting/pretending to be a victim of a verified event, or otherwise is paid or employed to mislead people about their role in the event when sent directly to a survivor and/or immediate family member of a survivor or victim.
Send messages to a group that contain trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people, regardless of whether the person being targeted is a public or private individual.
Target anyone maliciously, including public figures, by
1. Attacking them based on their status as a victim of sexual assault or sexual exploitation.
2. Threatening any participant in public discourse with violence in
3. an attempt to intimidate or silence them.
4. Calling for self-injury or suicide of a specific person, or group of people.
Target victims or survivors of violent tragedies by name or by image, with claims that they are
Lying about being a victim of an event.
1. Acting/pretending to be a victim of an event.
2. Otherwise paid or employed to mislead people about their role in the event.
Target a minor with:
1. Claims about sexual activity or sexually transmitted disease(s).
2. Content that has been photoshopped to include threats of violence either in text or image (for example, adding bullseye, dart, gun to head).
3. Calls for death or serious disease or disability.
4. Statements of intent to commit violence or low severity harm in an attempt to silence someone.
Objects created to attack through:

i. Cursing at an individual or individuals.

ii. Degrading physical description.

iii. Claims about blasphemy.

iv. Expressions of contempt.

v. Expressions of disgust.

USER GENERATED CONTRIBUTIONS

Definition: “Public Forum” is any area, site or feature offered as part of the Services including, but not limited to posts, chats, blog, groups, emails or instant messaging features that enables you (a) to upload, submit, post, display, perform, distribute and/or view User Content, and/or (b) to communicate, share, or exchange User Content with other members. Except as otherwise provided in our Privacy Policy all Public Forum communications are public and not private communications. You are, and shall remain, solely responsible for the User Content that you upload, submit, post, transmit, communicate, share or exchange by means of any Public Forum and for the consequences of submitting or posting the same.

The Website/Mobile Application may invite you to chat, contribute to, or participate in online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Website/Mobile Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Website/Mobile Application and through third-party Websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Website/Mobile Application, and other users of the Website/Mobile Application to use your Contributions in any manner contemplated by the Website/Mobile Application and these Terms of Use.
You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Website/Mobile Application and these Terms of Use.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
Your Contributions do not violate any Central or State law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Any use of the Website/Mobile Application in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Website/Mobile Application.

GROUPS

As a user to our Services, you are automatically invited to join and participate in group discussions in various groups available on the Mobile App/Website namely - Q&A, Transformations, Recipes and Articles (“Groups”) with other users that may be designated as a Group Administrator by ROHFIT (such person or persons, collectively, the “Administrators”) as well as a Mentor, who may be an employee or a contractor of ROHFIT, personnel from an unaffiliated third party service provider or personnel from, or designated by, our Business Customer (such person, a “Mentor”). Groups are a Public Forum, and by using the Groups, you may receive electronic communications, including group chat messages and/or private messages from Mentors, Facilitators and other Group members. Group members can see your public profile, but will not see your email address or phone number. If you do not wish people to see your posts, profile and do not wish to receive messages from other members, you should turn on your privacy settings from the ROHFIT Mobile App/Website. Whether you transmit any user content via private messaging or public group feature, you agree to abide by our community standards and conduct guidelines at all times. You further acknowledge that by providing you with the ability to distribute User Content in the discussion forums, we are acting as a passive conduit for such distribution and we are not undertaking any obligation or liability relating to any User Content or activity in any Public Forum, nor do we endorse any such User Content or activity. Although we reserve the right to monitor some, all, or no areas of the Services (including any discussion forum and Group) for adherence to the community standards and conduct guidelines set forth above and to remove, without notice, any User Content for any reason, we have no obligation to review Content prior to the Content’s posting or to delete User Content that you may find objectionable or offensive. COMPANY DISCLAIMS ANY PERCEIVED, IMPLIED OR ACTUAL DUTY TO MONITOR PUBLIC FORUMS AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR INFORMATION PROVIDED THEREON.

PUBLIC PROFILE; INFORMATION PROVIDED BY MEMBERS

In order to join a Group in ROHFIT or access similar services that provide Public Forums or interactions with other members, you may be required to keep your privacy settings off, which may make public certain identifying information (such as profile photos, etc.). In addition, members have the option to post photographs, messages, videos and other information on the Groups. ROHFIT relies on its members to provide current and accurate information, and Company does not, and cannot, investigate information contained in member public profiles. Accordingly, we must assume that information contained in each member's public profile is current and accurate. COMPANY DOES NOT REPRESENT, WARRANT OR GUARANTEE THE ACCURACY OF PUBLIC PROFILE INFORMATION, AND HEREBY DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY INFORMATION PROVIDED BY MEMBERS BY MEANS OF PUBLIC PROFILES OR OTHERWISE IN CONNECTION WITH THEIR USE OF THE SERVICES.

CONTRIBUTION LICENSE

“User Contribution” is any content, materials or information (including without limitation, any text, information, graphics, messages, photos, images, nutritional information contributed to our database and works of authorship kind), data, questions, comments, suggestions or other content, including personally identifiable information that you upload, send, email, display, perform, distribute, post or otherwise transmit to us, at our request or on your own, on, or through the Services (such as message boards, google forms), whether in connection with your use of the Services or through the use of any Third Party Websites or Third Party Services or otherwise, and whether publicly posted or privately transmitted.

By posting your Contributions to any part of the Mobile Application or making Contributions accessible to the Mobile Application by linking your account from the Mobile Application to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Mobile Application. You are solely responsible for your Contributions to the Mobile Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion,

to edit, redact, or otherwise change any Contributions;
to re-categorize any Contributions to place them in more appropriate locations on the Website; and
to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

GUIDELINES FOR REVIEWS

We may provide you areas on the Website/Mobile Application to leave reviews or ratings. When posting a review, you must comply with the following criteria:

you should have first-hand experience with the person/entity being reviewed;
your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language;
your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
your reviews should not contain references to illegal activity;
you should not be affiliated with competitors if posting negative reviews;
you should not make any conclusions as to the legality of conduct;
you may not post any false or misleading statements; and
you may not organize a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

SOCIAL MEDIA

As part of the functionality of the Website/Mobile Application, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either:

providing your Third-Party Account login information through the Website/Mobile Application; or
allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that:

we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Website/Mobile Application via your account, including without limitation any friend lists and;
we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Website/Mobile Application. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, the Social Network Content may no longer be available on and through the Website/Mobile Application. You will have the ability to disable the connection between your account on the Website/Mobile Application and your Third-Party Accounts at any time.

PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Website/Mobile Application. You can deactivate the connection between the Website/Mobile Application and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Website/Mobile Application ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

THIRD-PARTY WEBSITES AND CONTENT

The Website/Mobile Application may contain (or you may be sent via the Website) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Website/Mobile Application or any Third-Party Content posted on, available through, or installed from the Website/Mobile Application, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Website/Mobile Application and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Website/Mobile Application or relating to any applications you use or install from the Website/Mobile Application. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your use and purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

WEBSITE / MOBILE APPLICATION MANAGEMENT

We reserve the right, but not the obligation, to:

monitor the Website/Mobile Application for violations of these Terms of Use;
take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities;
in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
in our sole discretion and without limitation, notice, or liability, to remove from the Website/Mobile Application or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and
otherwise manage the Website/Mobile Application in a manner designed to protect our rights and property and to facilitate the proper functioning of the Website/Mobile Application.

We care about data privacy and security. Please review our Privacy Policy at:
[_________________]. By using the Website/Mobile Application, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Website/Mobile Application is hosted in [Region – India] as per the Guidelines under the Information Technology Act, 2000 as well as the Digital Personal Data Protection Act, 2023. If you access the Website/Mobile Application from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in India, then through your continued use of the Website/Mobile Application, you are transferring your data to India, and you expressly consent to have your data transferred to and processed and stored in India. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. If we receive actual knowledge that anyone under the age of 18 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Website/Mobile Application as quickly as is reasonably practicable.

We respect the intellectual property rights of others. If you believe that any material available on or through the Website/Mobile Application infringes upon any Intellectual Property you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to Indian Copyright laws you may be held liable for damages if you make material misrepresentations in a Notification by making false copyright claims. Thus, if you are not sure that material located on or linked to by the Website/Mobile Application infringes your copyright, you should consider first contacting an attorney. We may terminate your ROHFIT account if you repeatedly infringe the intellectual property rights of others.

TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Website/Mobile Application.

WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITION, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE/MOBILE APPLICATION (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE AND MOBILE APPLICATION OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Website/Mobile Application at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Website/Mobile Application. We also reserve the right to modify or discontinue all or part of the Website/Mobile Application without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Website/Mobile Application.

We cannot guarantee the Website/Mobile Application will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Website/Mobile Application, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Website/Mobile Application at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Website/Mobile Application during any downtime or discontinuance of the Website/Mobile Application. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Website/Mobile Application or to supply any corrections, updates, or releases in connection therewith.

GOVERNING LAW

These Terms of Use and your use of the Website/Mobile Application shall be governed by and shall be construed in accordance with the laws of India. All disputes relating to this Agreement shall be settled in the courts located at Pune, Maharashtra.

Any cause of action arising out of a User’s use of Services must be commenced within 30 (thirty) days after:

when such cause of action accrues; or
such User becomes aware of the facts giving rise to the cause of action, whichever is later, else, such cause of action shall be permanently barred.

CORRECTIONS

There may be information on the Website/Mobile Application that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Website/Mobile Application at any time, without prior notice.

DISCLAIMER

THE WEBSITE/MOBILE APPLICATION IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE WEBSITE/MOBILE APPLICATION AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE/MOBILE APPLICATION AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE/MOBILE APPLICATION’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE WEBSITE/MOBILE APPLICATION AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY: ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE/MOBILE APPLICATION, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE/MOBILE APPLICATION BY ANY THIRD PARTY, AND/OR ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE/MOBILE APPLICATION. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE/MOBILE APPLICATION, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE WEBSITE/MOBILE APPLICATION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:

your Contributions;
use of the Website/Mobile Application;
breach of these Terms of Use;
any breach of your representations and warranties set forth in these Terms of Use;
your violation of the rights of a third party, including but not limited to intellectual property rights; or
any overt harmful act toward any other user of the Website/Mobile Application with whom you connected via the Website/Mobile Application. Notwithstanding the foregoing, 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, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

USER DATA

We will maintain certain data that you transmit to the Website/Mobile Application for the purpose of managing the performance of the Website/Mobile Application, as well as data relating to your use of the Website/Mobile Application. Although we encrypt and perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Website/Mobile Application. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Website/Mobile Application, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Website/Mobile Application, satisfy any legal requirement that such communication be in writing.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE WEBSITE/MOBILE APPLICATION.

You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by ROHFIT on the Website/Mobile Application or in respect to the Website/Mobile Application constitute the entire agreement and understanding between you and the Company. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Website/Mobile Application. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

COMPLAINTS AND GRIEVANCES

If you would like to receive further information regarding the use of the Platform, or become aware of a violation of these Terms of Use, or objectionable content on the Platform, or otherwise have a complaint or grievance you would like resolved, please contact us at:

ROHFIT

Building No 5, 143, 1st Floor, Akshay Building, Andheri Kurla Road, Mittal Industrial Estate, Andheri East, Mumbai, Maharashtra 400059 Mumbai, India

[therohfit@gmail.com]

You may also reach out to our Grievance Redressal Officer, whose details are below:

______Any Grievance Redressal Officer_________

We will handle your request per our Grievance Redressal Policy. We urge you to provide a detailed description of the information, violation, objectionable content, or your complaint/grievance, to allow us to effectively resolve your request. We make our best efforts to resolve grievances within 30 days of receiving a complaint, or within the timelines stipulated under applicable law.

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