Terms of service

Terms and conditions

This website https://www.dermaworkout.com/en/ (the “site”) and any related applications owned and operated by Dermaworkout (“we”, “us” or “our”). Your use of the site, any related applications and all products, services or features provided on or through the site are governed by the terms and conditions mentioned below ( “terms”). by accessing or using the site, you agree to be bound by these terms and confirm that your use is and will be in accordance with these terms. These terms are subject to change. hence, you are requested to review these terms from time to time to understand what exact terms and conditions apply to your use of the site, any related applications and all products and services provided on or through the site, at any given point of time. Your continued use of the site following any revisions to these terms will mean that you accept and agree to the revised terms existing at the time of such use, whether or not you have read or reviewed the revisions

1. Eligibility

You must be at least 18 years old in order to transact and place orders for purchase of products/services on the site. the site is not intended to be used by children under the age of 18 years or by any other persons who are not competent to contract under the indian contract act, 1872 or other applicable law, without the authorization and supervision of their parent/legal guardian. by using the site, you confirm that you are either 18 years of age or more and are otherwise competent to contract under applicable law. If you are under 18 years old or otherwise incompetent to contract, then (i) you may not use the site except under the authorization and supervision of your parent or legal guardian who agrees to be bound by these terms, and (ii) you may not place an order for making purchases on the site; however, your parent or legal guardian may place orders and make purchases on your behalf provided they themselves are registered users as set forth below.

2.Your account, profile & security

While you may browse and freely navigate the site without being required to register, in order to transact and place orders on the site or through any apps that may be offered by us, users will need to register and login to the site or the app. You will receive a username/login id and password for your account upon completing the registration process, or alternatively you can choose to login through an existing account with a third party service such as google or facebook by providing necessary permissions. As part of the registration process on the site, we may collect certain personal information about you such as your name including first and last name, email address, mobile phone number and contact details, postal code, demographic profile (like your age, gender, occupation, education, address etc.) and information about your access and visit to the site. the personal information / data provided to us by you during the course of use of the site will be treated in accordance with our privacy policy https://www.dermaworkout.com/en/page/privacy-policy and applicable laws and regulations. Please refer to our privacy policy to understand how we use your personal information. You are responsible for maintaining the confidentiality of your user credentials i.e., username/login id and password and preventing unauthorized access into your account/profile. further, you shall be responsible for all activities that occur under your account/login id/username.

You agree to:

immediately notify us of any actual or suspected unauthorized access/use or breach of your password or account; and
exit/sign out from your account at the end of each session.

You agree that we will not be responsible for any loss or damage arising from your failure to comply with these terms including the abovementioned account security requirements. Also, if we detect a breach or suspected breach of the security of your account, we may require you to change your password, temporarily or permanently block or suspend your account without any liability to us.To the maximum extent permitted by applicable law, we reserve the right to refuse to sell products or make available services and/or terminate accounts and your access to, or use of, the site without prior notice if we believe, in our sole and absolute discretion, that you have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these terms or otherwise acted unethically in any manner whatsoever.

3.Products and Services

The products and services made available through the site and any related applications are intended for your personal and non-commercial use and consumption only. you hereby agree and undertake that you will not sell or re-sell the products purchased/received from us, including any samples.while it is our endeavour to provide accurate and complete information about our products, including their pricing and availability, we cannot guarantee that errors will not occur. this website, all content, information (including the prices), software, products, services and related graphics are provided as is, without warranty of any kind. we do not represent or warrant that the product description, colour, information or other content of the site or its products and services are accurate, complete, reliable or error-free. the site may contain typographical errors or inaccuracies and the product pictures are only indicative and may not exactly match the actual product. prices and product availability are subject to change without prior notice and at our sole discretion. You are responsible for reading the product description, including ingredients of the products and confirming that the products are suitable for your use before purchase or use thereof. We shall not be liable for any damages in case the product purchased is not suitable for your use or otherwise as a result of non-availability, non-delivery or cancellation of product ordered. In the event of a price or availability change after your placement of an order, we will notify you and your order will either be cancelled if the change results in the product no longer being available or you will have the option to either cancel your order or continue your purchase at the new price/availability status/delivery timeline. If we need to cancel your order after payment has been processed, we will refund your payment accordingly.

4.Shipping/Delivery

Our orders are shipped and delivered on all days of the week (monday through sunday, excluding major holidays). We currently ship only within india and our customers do not have to pay any additional shipping cost irrespective of the number of items purchased. we just request you to anticipate 3-5 business days for order delivery.

5.Returns and Refunds

Should you ever buy anything from us that is delivered in damaged condition, you may return those products to the original point of purchase within 24 hours of delivery. If your purchase was made through our site, please place a return request under the "my orders" section within 24 hours. You are entitled for a full 100% refund, if any of the products are found to be damaged at the time of delivery provided you initiate a return request within 24hrs of delivery as set forth above. All approved refunds will be processed to the original mode of payment within 2-3 weeks of notification.

6.Intellectual property and permitted use

Dermaworkout, its suppliers and licensors expressly reserve all intellectual property rights in all text, names, logos, marks, programs, products, processes, information, technology, content and other materials, which appear on this site. No license under any of our or any third party's intellectual property rights is granted to you. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, , the site, its contents or any related software. The compilation of all content on this site is the exclusive property of Dermaworkout and is also protected by Indian and international copyright law. You undertake and agree that you shall not attempt to gain unauthorized access to any portion or feature of the site, or any other systems or networks connected to the site or to any server, computer, network, or to any of the services offered on or through the site, by hacking, password "mining" or any other illegitimate means.in the use of the site, you agree not to post, upload, publish, or share any information that infringes upon another person’s intellectual property rights, is harmful to minors, or otherwise objectionable, i.e., harassing, blasphemous, defamatory, obscene, invasive of another’s privacy; nor will you impersonate another person or provide false identity or other information.

7.Promotional Campaigns

From time to time, Dermaworkout may run promotional campaigns, which may include but not be limited to, complimentary offerings such as registration for, and use of, the services of a personal trainer for a limited period of time. The following terms apply to such promotional campaigns:

Promotional offers expire on the date stated in your offer (if any). They are non-transferable and may not be sold, bartered, auctioned, traded or exchanged.
Promotional offers may be restricted to a specific provider or merchant partner, per the terms of the offer. The provider or merchant partner may however be subject to change at any time (including after your purchase has occurred), at our sole discretion, without Dermaworkout incurring any liability towards you.
Offer may be revoked at any time without notice. Further, offer will be deemed void where prohibited by law.
Your use of the promo code, credit or registration for any complimentary services constitutes your acceptance of the applicable offer terms and conditions.
You acknowledge and specifically agree that Dermaworkout and its trainers are not medical practitioners or registered dieticians. We have no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise or diet on a medical condition. We strongly recommend that prior to commencing any exercise or personal training regime that you consult a medical practitioner and/or qualified dietitian first.
You acknowledge that when participating in any exercise or training program offered to you as a complimentary service, there is the possibility of physical injury, development of any medical conditions, worsening/aggravating of medical conditions or any other negative impact on you or your health or physical state/condition, and you assume full risk and responsibility for the same. You assume the risk of your participation in any activity, class, program, instruction, or event, including but not limited to weightlifting, HIIT (High Intensity Interval Training) or other similar workouts, walking, jogging, running, aerobic activities, aquatic activities, tennis, basketball, volleyball, racquetball, or any other sporting, exercise, or recreational endeavour. You further agree that any registration for, or use of, the services of a personal trainer or participation in any activity or exercise as set forth above, is being done voluntarily by you, after consultation with a medical practitioner as required, and at your own risk. Dermaworkout, its affiliates and their respective officers, directors, agents and employees, partners (including but not limited to your personal trainer) are hereby released from, and will be indemnified against, any and all costs, damages, fees and expenses (including reasonable attorney's fees) arising from any claim, demand or action made or filed by you, anyone claiming through or under you or any other third party, resulting from or related to your participation in any promotional offer including in any complimentary training sessions that you register for, or use, purely at your own will and with full understanding and acceptance of all attendant risks which you have been made aware of.

8.limitation of liability and Indemnification

You agree that we shall not be liable for any failure or delays caused by force majeure circumstances, including but not limited to weather conditions, fire, flood, strike, hurricane, industrial dispute, war, hostilities, political unrest, riots, civil commotion, inevitable accidents, lockdowns, movement restrictions and other government regulations, acts of god etc. We shall also not be responsible for any loss or damage if we are compelled to discontinue or take down the site or any related apps in order to comply with any government rule, law or regulation, or for any other unavoidable reason beyond our control notwithstanding anything to the contrary contained in these terms under any circumstances whatsoever, we shall not be liable for lost profits or any incidental, ancillary, direct, indirect, special or consequential damages including but not limited to on account of injury or death, and whether or not based in contract or any other theory of liability. You hereby agree to indemnify and hold harmless Dermaworkout, its affiliates and their respective officers, directors, agents and employees from and against all costs, damages, fees and expenses (including reasonable attorney's fees) arising from any claim, demand or action made or filed by any third party or penalty imposed due to, resulting from or related to your actions or inactions, which may result in any loss or liability to us or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under these terms or arising out of the your violation of any applicable laws and regulations including but not limited to those relating to intellectual property rights, privacy, defamation etc.. You agree that no claims or action arising out of, or related to, the use of the site or these terms may be brought by you more than one (1) year after the cause of action relating to such claim or action arose. further no claim for refund or exchange or return can by brought beyond the time period mentioned in these terms (or otherwise on the site) for this purpose

9.Governing law and jurisdiction

These terms shall be governed by, and interpreted in accordance with, the laws of india. any disputes arising from the interpretation, validity and/or execution of these terms shall be shall be referred to a sole arbitrator who will be appointed mutually by the parties and his/her decision shall be final and binding on the parties hereto. If parties cannot agree on a sole arbitrator, the arbitration will be by a panel of three arbitrators with each party appointing one arbitrator and such chosen arbitrators shall appoint the third arbitrator. The above arbitration shall be in accordance with the arbitration and conciliation act, 1996 as amended from time to time. the seat and venue of arbitration shall be held chennai, india.

Personal Training Liability Waiver and Release

I [First Name] [ Last Name] hereby affirm that I am voluntarily registering to participate in personal training sessions (“Training) with a Dermaworkout business partner, with full knowledge, understanding and acceptance of all associated risks that I have been made aware of.

In full consideration, and with full knowledge, of the risk of injury or any other possible adverse or negative impact on me, my health, medical or physical state or condition, while participating in the Training, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily execute this waiver and release of liability in favour of the Dermaworkout Indemnitees (defined below), and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Training, against Dermaworkout, its affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, business partners (including but not limited to personal trainers) (hereinafter “Dermaworkout Indemnitees”), for any kind of risks related to traveling to and from as well as participating the Training, which may include, but are not limited to, physical or phycological injury, pain, suffering, illness, disfigurement, temporary or permanent disability or any other negative impact on health due to any pre-existing medical condition (whether known or unknown and whether disclosed or undisclosed), economic or emotional loss, and/or death.

I agree to indemnify and hold harmless Dermaworkout Indemnitees from and against all costs, damages, fees and expenses (including reasonable attorney's fees) arising from any claim, demand or action made or filed by me, anyone claiming through or under me or any other third party, resulting from or related to my participation in any promotional offer including in any complimentary training sessions that I have registered for, or used, purely out of my own free will and with full understanding and acceptance of all attendant risks which I have been made aware of. The foregoing indemnification and release apply to any and all claims including but not limited to, claims arising out of, or related to, any physical or phycological injury, pain, suffering, illness, disfigurement, temporary or permanent disability or any other negative impact on health due to any pre-existing medical condition (whether known or unknown and whether disclosed or undisclosed), economic or emotional loss, and/or death.

I acknowledge that I have carefully read this form and fully understand that it is a release of liability, express assumption of risk and an indemnity agreement. I am aware and agree that by executing this waiver and release, I am giving up any right to bring a legal action or assert a claim against Dermaworkout Indemnitees for any reason including but not limited to trainer’s actions, or for any product used while receiving personal training from trainer. I expressly agree to release and discharge the Dermaworkout Indemnitees from any and all claims or causes of action and I agree to voluntarily give up or waive any right that I (or my personal representatives, heirs, executors, administrators, agents, and assigns), may otherwise have to bring a legal action for personal injury or property damage.

By clicking the “I agree” button I hereby confirm that I have read and understood the above waiver and release and I have voluntarily signed the same.