TERMS AND CONDITIONS (PERSONAL TRAINING)

Welcome to ELV8 (the “Platform”), an e-commerce platform operated by ELV8 Fitness Private Limited (“ELV8”, “Company”, “we,” “us” or “our”). ELV8’ registered office is located at 15 Kakad Kunj, Saibaba Nagar, Borivali West, Mumbai 400092

This document is an electronic record in terms of Information Technology Act, 2000 and 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 and Conditions for access or usage of Platform through ELV8  (hereinafter referred to as “”) and Website – [www.elv8.fit] (hereinafter referred to as “Website”) and our related Website, Application, Services, Products,Devices and content (together with the  and Website, collectively referred to as “Services”).

AGREEMENT TO TERMS

User Agreement: These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you” or “user” or “client”) and ELV8, concerning your access to and use of the Website and ELV8  as well as any other media form, media channel, mobile website or  related, linked, or otherwise connected thereto (collectively, the “Website and ”). ELV8 may have subsidiaries and affiliated legal entities around the world (“Subsidiaries and Affiliates”), providing the Services to you on behalf of ELV8. 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 , you have read, understood, and agree to be bound by all of these Terms and Conditions.

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

Changes to Terms & Conditions: Supplemental terms and conditions or documents that may be posted on the Website from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms and Conditions 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 and Conditions by your continued use of the Website or using any of the Services after the date such revised Terms and Conditions become effective.

The information provided on the Website 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 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 enroll with a coach 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 ELV8, or otherwise submit Personal Data through the Services (e.g., 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/WebsiteServices, 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 (in case of minors). 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 various Products and services from us. An illustrative list of such Products and services is listed below. We reserve the right to amend, discontinue, withdraw, or cease our service offerings at any time.

1. a) Personal Training Coaching: a session/subscription based offering which allows users to access existing media and content relating to Personal Training, and book real-time sessions relating to Personal Training.
2. b) Nutrition and Fitness Coaching: a session/subscription based offering which allows users to access existing media and content relating to nutrition and fitness.
3. c) Equipments: an online shop which allows users to subscribe to equipments either manufactured by ELV8 or sourced from third party (“Products”)
4. d) ELV8 e-commerce platform: a platform “https://elv8.fit/product-category/equipment/” where users can browse and purchase or subscribe to fitness equipment.

HEALTH DISCLAIMER

In consideration of being allowed to participate in the Personal Training, Nutrition and Fitness Services offered by ELV8 and to use its Personal Training, Nutrition and Fitness Services, in addition to the payment of any fee or charge, you do hereby waive, release and forever discharge and hold harmless ELV8 and its coaches, consultants, officers, agents, and employees from any and all responsibility, liability, cost and expenses, including injuries or damages, resulting from your participation in any activities, or your use of any Personal Training, Nutrition and Fitness services. 

You do also hereby release ELV8, its coaches, consultants, officers, agents and employees from any responsibility or liability for any injury, damage or disorder (physical, metabolic, or otherwise) to you, or in any way arising out of or connected with your participation in any activities with ELV8.

You understand and you are aware that strength, flexibility, and aerobic exercise, including the use of equipment are a potentially hazardous activity. You also understand that fitness activities involve a risk of loss of personal property, serious injury and even death, and that you are voluntarily participating in these activities and using equipment and machinery with knowledge of the risk involved. You hereby agree to expressly assume and accept any and all risks of loss of personal property, serious injury or death related to said fitness activities. In addition, You certify that you are 18 years of age or older. You do hereby further declare yourself to be physically sound and suffering from no condition, impairment, disease, infirmity or other illness that would affect nutrient metabolism or prevent your participation or use of equipment or machinery except as hereinafter stated.

And You also agree that if you are suffering from any ailment or any medical condition you have to inform and produce relevant documents to ELV8 before beginning any fat loss effort regimen, physical activities or any other plans that may be referenced, discussed or offered under the Services. You do hereby acknowledge that ELV8 has recommended to you to obtain a physician’s approval for your participation in an exercise/fitness activity or in the use of exercise equipment and machinery. You also acknowledge that ELV8 has recommended that you have a yearly or more frequent physical examination and consultation with your physician as to physical activity, exercise and use of exercise and training equipment so that you might have his/her recommendations concerning these fitness activities and use of equipment. You acknowledge that you have either had a physical examination and been given your physician’s permission to participate, or that you have decided to participate in activity and use of equipment, machinery, and programs designed by ELV8 without the approval of your physician and do hereby assume all responsibility for your participation and activities, and utilization of equipment and machinery in your activities.

ELV8 DOES NOT PROVIDE PROFESSIONAL MEDICAL SERVICES OR ADVICE. THE SERVICES PROVIDED BY THE COACHES/TRAINING SPECIALISTS AND AVAILABLE ON THE WEBSITE AND DO NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS MEDICAL ADVICE OR OPINION. NO DOCTOR-PATIENT RELATIONSHIP IS CREATED. USE OF THE SERVICES IS NOT FOR MEDICAL EMERGENCIES. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CONSULT YOUR DOCTOR.

YOUR USE OF THE SERVICES DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND ANY OF THE ELV8 PARTIES (INCLUDING, WITHOUT LIMITATION, COACHES) OR ANY OF ELV8 SERVICE USERS).

The Nutrition/Training Plans provided by the coaches/training specialists and available on ELV8 are not meant to treat or manage any health condition. Always consult with your healthcare provider prior to adjusting your current style of eating or beginning any new Nutrition and/or training plan. You understand that you are agreeing to the terms of the Company i.e ELV8 having known that beforehand and understand that not following the instructions and structured Nutrition Plans entirely and regularly will not produce 100% results.

LIFE COACHING DISCLAIMER:You are solely responsible for creating and implementing your own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the use of the Services and Your interactions with the Coach. As such, You agree that the Coach is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any services provided by the Coach. You understand coaching is not therapy and does not substitute for therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease.

You acknowledge that coaching does not involve the diagnosis or treatment of mental disorders as defined by the Indian Psychiatric Society Association and that coaching is not to be used as a substitute for counseling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, medical or other qualified professionals and that it is the Your exclusive responsibility to seek such independent professional guidance as needed. If You are currently under the care of a mental health professional, it is recommended that You promptly inform the mental health care provider of the nature and extent of the coaching relationship agreed upon by You and the Coach.

You understand that in order to enhance the coaching relationship, You agree to communicate honestly, be open to feedback and assistance and create the time and energy to participate fully in the program.

INTELLECTUAL PROPERTY RIGHTS

ELV8, ELV8.FIT, ELV8.SHOP are registered Trademarks of ELV8 Fitness Private Limited. Unless otherwise indicated, the Website 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 (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 “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Website 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, you are granted a limited license to access and use the Website 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, the Content and the Marks.

Our commercial partners, suppliers, advertisers, sponsors, licensors, contractors 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, you represent and warrant that:

1. all registration information you submit will be true, accurate, current, and complete.
2. you will maintain the accuracy of such information and promptly update such registration information as necessary;
3. you have the legal capacity and you agree to comply with these Terms and Conditions;
4. you are not a minor in the jurisdiction in which you reside;
5. you will not access the Website through automated or non-human means, whether through a bot, script or otherwise;
6. you will not use the Website for any illegal or unauthorized purpose; and
7. your use of the Website 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 (or any portion thereof).

USER REGISTRATION

You may be required to register with the Website. 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. 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. We may change prices at any time. All payments shall be in Indian National Rupees.

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.

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.

Accountability Group Subscription :Accountability Group 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. The Subscription will automatically restart as soon as valid payment details are provided. 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

If you are not satisfied with our services then you can ask for a coach 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. 

Coach change may only be provided in the same tier as that of the enrolled coach, at the discretion of ELV8.

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 endeavors except those that are specifically endorsed or approved by us.

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

1. Systematically retrieve data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
2. Make any unauthorized use of the Website, 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 pretenses.
3. Use a buying agent or purchasing agent to make purchases on the Website.
4. Use the Website to advertise or offer to sell goods and services.
5. Circumvent, disable, or otherwise interfere with security-related features of the Website, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Website and/or the Content contained therein.
6. Engage in unauthorized framing of or linking to the Website.
7. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
8. Make improper use of our support services or submit false reports of abuse or misconduct.
9. 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.
10. Interfere with, disrupt, or create an undue burden on the Website or the networks or services connected to the Website.
11. Attempt to impersonate another user or person or use the username of another user.
12. Sell or otherwise transfer your profile.
13. Use any information obtained from the Website in order to harass, abuse, or harm another person.
14. “Stalk” or otherwise harass another user or employee of the Services.
15. Access or attempt to access another user’s account without his or her consent.
16. Use the Website as part of any effort to compete with us or otherwise use the Website and/or the Content for any revenue-generating endeavor or commercial enterprise.
17. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website.
18. Attempt to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website.
19. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Website to you.
20. Delete the copyright or other proprietary rights notice from any Content.
21. Copy or adapt the Website software, including but not limited to Flash, PHP, HTML, JavaScript, Angular or any other code.
22. 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 or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Website.
23. 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”).
24. 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, or using or launching any unauthorized script or other software.
25. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Website.
26. Use the Website 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 Coaches and/or other users on ELV8) 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, ELV8 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 ELV8. 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 ELV8 to help protect against it. Anyone found in violation of this Harassment Policy will be banned immediately from the ELV8 community and the users ELV8 Account will be terminated.

Do not:

1. Repeatedly contact a single person despite that person’s clear desire and action to prevent that contact.
2. Repeatedly contact large numbers of people with no prior solicitation.
3. Make Posts, Comments or Send messages that contain:
   a. Cursing aimed at an individual or group of individuals in
   > the thread.
   b. Calls for death, serious disease or disability, or physical harm
   > aimed at an individual or group of individuals in the thread.
   c. trolling and bullying, or is intended to harass, harm, hurt,
   > scare, distress, embarrass or upset people.
   d. 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.
4. 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.
5. Target anyone maliciously, including public figures, by
6. Attacking them based on their status as a victim of sexual assault or sexual exploitation.
   a. Threatening any participant in public discourse with violence in
   > an attempt to intimidate or silence them.
   b. Calling for self-injury or suicide of a specific person, or
   > group of people.
7. Target victims or survivors of violent tragedies by name or by image, with claims that they are
8. Lying about being a victim of an event.
   a. Acting/pretending to be a victim of an event.
   b. Otherwise paid or employed to mislead people about their role in
   > the event.
9. Target a minor with:
   a. Claims about sexual activity or sexually transmitted disease(s).
   b. Content has been photoshopped to include threats of violence
   > either in text or image (for example, adding bullseye, dart, > gun to head).
   c. Calls for death or serious disease or disability.
   d. Statements of intent to commit violence or low severity harm in
   > an attempt to silence someone.
10. 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.

THIRD-PARTY WEBSITES AND CONTENT

The Website 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 or any Third-Party Content posted on, available through, or installed from the Website, 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 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 and Conditions 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 or relating to any applications you use or install from the Website. 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.

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:
Sahil Salhotra
admin@elv8.fit
+91-9820466983

TERMS AND CONDITIONS (EQUIPMENTS)

TERM
This Agreement shall commence on the date the products are delivered to the Customer and remain in full force and effect until the fixed period [equivalent to the tenure of the contract that is agreed by the Customer while booking the Product(s)] expires and the Products is returned to ELV8, unless terminated earlier or extended.

PAYMENT
ELV8 shall raise the invoice on the1st day of every month and the due date for payment shall be the 5th day of the month.
Customer shall pay the rental charge as per the invoice raised and mailed to the Customer’s registered email address.
Payment made beyond the Due Date shall incur a late fee. Late fees shall be levied on the rental due amount only. The late fee of 10% shall be applied on the 6th day on an everyday basis of the month on the pending amount. The Customer shall make all payments to ELV8 only.
ELV8 shall not be liable for any payment made to any broker/third party by the Customer. The Customer does not make payments to ELV8 or does not return the Products and is not traceable, in addition to any other right of ELV8, the Customer agrees that ELV8 shall have the right to reach out to the Customer’s relatives, friends, employer, offices and shall inform them about the Customer’s default. The Customer hereby agrees that, ELV8 shall not be liable for any inconvenience or loss caused to the Customer for such action by ELV8.

​

SECURITY DEPOSIT
In addition to the monthly rental, the Customer shall pay a refundable security deposit (“Security Deposit”). The Security Deposit shall not carry any interest for the entire tenure.
The Security Deposit shall be refunded to the Customer on the termination and after taking delivery of all the Products from the possession of the Customer. Once the final quality check is performed on all the Products, and in case no damage is found, the Security Deposit shall be refunded.
ELV8 shall refund the Security Deposit to the account from which initial the Security Deposit was paid by the Customer, in case the Customer wishes to get the refund to any other account, the Customer shall provide the details of the account to ELV8 via e-mail from the registered email address of the Customer and, prior to the pickup of the Products.
In case any damage is found in any Product, ELV8 shall have the right to deduct the charges for the damages or monthly dues from the Security Deposit paid by the Customer and shall refund the remaining amount to the Customer. In case of default in the payment of monthly rentals (including late fee), ELV8 shall have the right to deduct such rental dues from the Security Deposit and may at its sole discretion refund or forfeit the remaining balance of the Security Deposit.
The Security Deposit shall not include any monthly rental. The Customer cannot request for the monthly invoice dues to be adjusted from the Security Deposit.

ORDER CONFIRMATION
The order raised by the Customer shall be processed subject to successful verification of the KYC and serviceability of the Customer. In case the KYC verification is not successful, or the location is not serviceable by ELV8 , ELV8  reserves the right to reject the Customer’s order any time prior to delivery, at its sole discretion without assigning any reason even after successful KYC or serviceability of the location. In the event the order is rejected by ELV8 , the Security Deposit paid by the Customer shall be refunded to the Customer .The Customer authorizes ELV8 to verify all the details provided by him/her.

DAMAGE
The Customer hereby agrees that any damage caused to the Product or theft (including disappearance) or loss, shall be liable towards repair and replacement cost of the Product. In the event, the Product is stolen or damaged beyond repair; the Customer shall be liable to pay ELV8 the market price of the Product. Minor scratches and chipping (depending on size) to Gym equipments shall be considered as normal wear and tear. The extent of damage will be ascertained by comparing against the quality control document signed by the Customer and the photographs taken on delivery and return pickup day. ELV8 shall ascertain the extent of the damage and applicable penalty for such damage on the receipt of the Products from the Customer. In the event, it is found that in any Product, any substandard parts are used, or repair carried out by any person not authorized by ELV8, then a penalty may be levied as per the policy of ELV8 Any removal, alteration, disfiguring or cover up any numbers, lettering, or insignia displayed on any Product shall be considered as a damage to the Product and shall be chargeable against the Customer. A damage claim report shall be sent to the Customer’s registered e-mail address. A quality check report stating the damages if any or a clearance sheet will be created and a copy of the same will be provided to the Customer immediately.

INSPECTION
ELV8 reserves the right to inspect the Product delivered to the Customer during the term of the Agreement. ELV8 shall provide reasonable prior intimation to the Customer regarding the visit for inspection of its representative to avoid any Inconvenience to the Customer. The Customer shall ensure that the representative of ELV8 is provided with proper access to all the Products/premises for inspection.

DELIVERY
On confirmation of the order by the Customer, ELV8 shall deliver the Products to the location specified by the Customer.
The cost of the delivery shall be borne by customer .The Customer shall be present at the location at the time of delivery agreed
between ELV8 and the Customer. In case the Customer is unavailable at the time of delivery the Customer shall appoint a
representative (give an authorization letter) for taking delivery of the Products and the same shall be communicated to ELV8 prior to the delivery. The representative shall provide a copy of his/her ID proof and authorization letter from the Customer to the delivery personnel assigned by ELV8 . In case the Customer is not present or has not assigned a representative for taking delivery, at the location and a second delivery attempt is required, ELV8 shall charge an extra delivery cost to the Customer.
ELV8 shall inspect the quality and ensure that the Products are working and in usable condition before the delivery of the Products to the Customer. The Customer or its appointed representative shall inspect the Products for any damage and quality
during the time of delivery. In case any Product is damaged during transit or unfit for use, ELV8 shall replace the same at its own cost and in case a replacement is not required, such damage shall be noted in the delivery receipt and a photo of the same shall be taken for record. In case any claim of damage is brought against the Product after the acceptance of delivery by the Customer, ELV8 shall not be responsible towards replacing the Product and shall levy a damage to be ascertained as per the damage policy below. The Customer shall ensure the entry of delivery vehicle inside the premises where the delivery location is situated and ensure that prior permission is obtained for the use of elevator of the building, for delivery of the Products to the location.

OWNERSHIP
ELV8 and / or its business partners shall at all times during the term of this Agreement, retain title to and / or be the beneficial owners of the Products delivered to the Customer, pursuant to the Agreement. Nothing in this Agreement shall be construed as a transfer of ownership of the Products to the Customer. The Customer shall give immediate notice to ELV8 if any of the Product is about to become liable or is threatened with seizure and the Customer shall indemnify ELV8 against all loss and damage caused by such action against its Products

INDEMNIFICATION
The Customer shall indemnify, defend and hold ELV8 harmless from and against any claim, demand, cause of action or loss or liability for any Product damage or personal injury arising from the Customer’s use of the Product by any cause,except to the extent such is caused by ELV8 negligence or willful misconduct.
The provisions of this clause shall survive the termination of this Agreement with respect to any claim or liability accruing before such termination. In no event shall ELV8 be liable for any direct, indirect, special or consequential loss or damage arising out of Customer’s use of the Products.

TERMINATION
In the event,the Customer does not wish to extend the rental period beyond the Agreement date, the Agreement shall terminate on the last day of the rental term.
ELV8 shall have the right to terminate this Agreement immediately in the following events; 

1. default of payment of rental dues or any other payment dues by the Customer ;or 

1. breach of any of the terms of this Agreement. 

Consequences of termination: 

1. ELV8 shall have the right to take possession of the Products delivered to the Customer immediately;
   b. Any payment pending from the Customer shall become payable immediately to ELV8
   c. The Security Deposit paid by the Customer shall be refunded to the Customer post the damage assessment of the Products, as per clause of this Agreement.    
   d. In case of termination due to non-payment of rental dues, the dues shallbe cut from the Security Deposit and the rest to be returned to the customer with a prior notice.

EARLY CLOSURE
In case the customer wishes to close/end the contract before the term/tenure ends, an early termination fees shall be borne by the customer.
Customer should inform ELV8, a week before they wish to end the tenure.
Rentals are charged according to the tenure, so if a customer has rented a specific product for 3 months, then their monthly rental will be lower as compared to the customer who has rented the product for just 1 month.
In such a case of early closure, the customer will be charged a months rental of the product as an early cancellation fee.
The early termination fees will decided by ELV8 depending on the customers tenure

COMBO OFFERS
Combo offers are only only applicable for 2 months and 3 months
Shipping charges are to be beared by the customer
Any one free item can be selected while taking a 2 month combo
Any two free item can be selected while taking a 3 month combo
The security deposit for the free item in the combo are to be paid by the customer, while the rental charges are not applicable only on the freebies
All the items in the combo shall be returned back to the rightful owner, i.e “ELV8” after the tenure is over.
All the items given at no rental charges (excluding protein bars) shall be returned back to the rightful owner, i.e “ELV8” after the tenure is over.