Terms & Conditions

Introduction and Definitions

Welcome to The Vyb Active Private Limited ("Club"), operated in India. These Terms and Conditions ("Terms") govern your use of our website and/or mobile application ("Platform"), gym membership services, personal training, nutrition/diet consultations and pay-as-you-go sports facilities. By accessing or using our Platform, you agree to comply with and be bound by these Terms. If you do not agree with any part of these Terms, please do not use our services.

Definitions:

  • "Club" refers to Vyb Active Private Limited, including its employees, directors, affiliates, and subsidiaries.
  • "Platform" includes our website and mobile applications available on the App Store and Play Store.
  • "Member" refers to any individual who has registered and paid for a membership with the Club.
  • "Non-member" refers to any individual who uses the pay-as-you-go facilities without a membership.
  • "User" refers to both Members and Non-members accessing or using our Platform.

Eligibility

You must be at least 18 years old to use our Platform and to avail the services. By using our Platform, you represent and warrant that you meet this eligibility requirement.

License to Use

The Club grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Platform for personal, non-commercial purposes, subject to these Terms.

Acceptable Uses

You agree to use the Platform and Club facilities for lawful purposes only and in accordance with these Terms. Acceptable uses include, but are not limited to:

YOUR USE OF THE FACILITIES is upon your voluntary action. By using the facilities, you represent that you are in a health condition fit enough to perform those activities. Any activity that you carry out in the Club is of your own volition and choice. You agree to hold the Club harmless in the event of any injury, risk, or damage caused to you or others due to any activity carried out by you in the Club.

  • Subscribing to membership plans offered by the Club, including renewal or upgrades.
  • Booking and using the facilities offered by the Club such as gym, yoga, zumba, pilates and sports facilities.
  • Avail general/personal training and diet/nutrition consultation services.
  • Engaging in activities and classes offered by the Club.
  • Accessing information about the Club’s services and events.
  • Registering for paid Club services and special events.
  • Membership is personal and non-transferable. Sharing or assigning the membership is prohibited.
  • Membership cannot be paused, and must be used in continuity within the specified period.
  • Members must inform the trainer or coach of any underlying health conditions or issues that they have.
  • Members must disclose medical conditions or physical limitations to trainers.
  • Members must follow the Club’s guest policy and ensure that the guests adhere to the internal policies. Users shall be responsible and liable for the conduct of their guests and ensure that the guest is always accompanied by the User.
  • Members bringing their personal trainers must ensure adherence to Club's policies by such trainers. Users shall be responsible and liable for the conduct of their personal trainers and ensure that the personal trainer is always accompanied by the User.
  • Members must handle all the Club’s equipment with the utmost care and caution. This includes, but is not limited to, weights, machines, cardio equipment, and any other fitness-related apparatus.
  • Members must ensure that equipment is not dropped, thrown, or otherwise mishandled in a way that could cause damage or pose a safety risk.
  • Any damage to equipment or property of the Club due to negligence, improper use, or mishandling by a Members will be their responsibility, and they may be held accountable for repair or replacement costs, as per the discretion of the management of the Club.
  • Members are required to use the equipment only for its intended purpose and as per the instructions of the floor trainers.
  • The possession and/or consumption of alcohol, drugs, or any other intoxicating substance within the premises of the Club is strictly prohibited.
  • The possession of any kind of weapon, including but not limited to firearms, knives, and any other dangerous items within the premises of the Club is strictly prohibited.
  • Members must not engage in any illegal activities, including theft, fraud, or any criminal conduct within the premises of the Club.
  • Members are encouraged to report any suspicious or illegal activities to the management of the Club immediately.
  • Members can access only designated areas as per their membership plan’s/pay-as-you-go plan’s specifications.
  • Members must maintain high standards of cleanliness within the premises of the Club. This includes proper disposal of waste and ensuring personal hygiene.
  • Users are required to wear appropriate athletic attire, including closed-toe athletic shoes, while using the premises of VYB. Clothing must be suitable for physical activity and ensure personal safety.

Any violation of these Terms will lead appropriate action, including but not limited to warnings, suspension, or termination of membership, as per the discretion of the management of the Club.

Prohibited Behaviors

You agree not to:

  • Use the Platform for any unlawful purpose or to solicit others to perform or participate in any unlawful acts.
  • Violate any international, national, regional, or state regulations, rules, laws, or local ordinances.
  • Infringe upon or violate our intellectual property rights or the intellectual property rights of others.
  • Harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
  • Spread false or misleading or defamatory information about the Club or other Users.
  • Upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Platform or related services.
  • Collect or track or disclose the personal information of others.
  • Spam, phish, pharm, pretext, spider, crawl, or scrape the Platform.
  • Interfere with or circumvent the security features of the Platform.
  • Verbal abuse, including the use of offensive language, derogatory remarks, or threats.
  • Physical aggression towards staff or fellow Members. Bullying, harassment, or discrimination based on race, gender, religion, sexual orientation, or any other characteristic.
  • Any disruptive, disrespectful, or harmful behavior that creates hostile environment for others in the Club.

Termination and Account Suspension

The Club reserves the right to terminate or suspend your account and access to the Platform without prior notice or liability for any reason, including if you breach these Terms. Upon termination, your right to use the Platform and the Club will immediately cease.

Intellectual Property Protection

All intellectual property rights content, features, and functionality on the Platform and of the Club, including but not limited to text, graphics, logos, programmes, formats, sub formats, images, and software, whether registered or unregistered, subsisting under the laws of India and all analogous rights subsisting in the laws of each and every jurisdiction in the world, that are owned by the Club, shall remain the sole and exclusive property of the Club.

User-Generated Content

Users may post, submit, or share content, including but not limited to reviews, comments, and photos ("User-Generated Content") provided that it is not defamatory in nature or causes reputational damage to the Club. By submitting User-Generated Content, you grant the Club a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in any media.

Payment Clauses

Membership Fees: Membership fees must be paid in advance in accordance with the membership plan selected at the time of registration and upgrade or downgrade at the time of each membership renewal. Fees are non-refundable except as stated and as required by law.

Pay-as-You-Go Fees: Non-members must pay for each use of the sports facilities at the rates specified on the Platform. Payment is required prior to use.

Payment Methods:

  1. Payments can be made through accepted methods as specified on the Platform.
  2. All payments made through Razorpay from our App, including memberships, are non-cancellable and non-transferable.

Members

  1. Cancellation up to 48 hours prior to the scheduled slot, Members have the option to either:
    1. Cancel and receive a 50% refund of tokens, or
    2. Reschedule within one (1) week from the originally scheduled slot, subject to availability.
  2. Cancellation up to 24 hours prior to the scheduled slot, Members will not receive any refund, and no rescheduling option will be available.
  3. If the booking is cancelled before 48 hours to the scheduled slot, no penalty will be applied.

Non-members

  1. Cancellation up to 48 hours prior to the scheduled slot, Non-members have the option to
    1. Reschedule within one (1) week from the originally scheduled slot, subject to availability.
    2. No refund will be provided.
  2. Cancellation up to 24 hours prior to the scheduled slot, Non-members will not receive any refund, and no rescheduling option will be available.

Privacy Policy Information

Your use of the Platform and Club's facility is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information. By using the Platform, you consent to the collection and use of your information as outlined in the Privacy Policy.

INDEMNIFICATION

You agree to indemnify, defend and hold the Club harmless from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including attorney fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Club that arise out of, result from, or may be payable by virtue of, any breach or non-performance of obligation to be performed by you pursuant to these Terms. Further, you agree to hold the Club harmless against any claims made by any third party due to, or arising out of, or in connection with, your use of the Platform or the Club, any misrepresentation with respect to the data or information provided by you, your violation of the Terms or your violation of any rights of another, including any intellectual property rights.

Limitation of Liability

To the fullest extent permitted by law, the Club shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:

  • Your access to or use of or inability to access or use the Platform;
  • Any conduct or content of any third party on the Platform;
  • Any content obtained from the Platform;
  • Unauthorized access, use, or alteration of your transmissions or content;
  • For any lost or stolen personal belongings at the Club;
  • Any injuries arising from the use of the Club facilities.

In any event, the liability of the Club shall be limited to the refund of the amount paid by you to the Club for membership/pay-as-you-go facility in the immediately preceding time interval.

Disclaimers and Warranties

The Platform and all services provided by the Club are offered "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and availability. The Club does not warrant that the Platform will be uninterrupted, secure, or error-free.

Governing Laws

These Terms shall be governed and construed in accordance with the laws of India, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in Hyderabad, Telangana, India for the resolution of any disputes.

AMENDEMMENT TO THE TERMS

The Club reserves the right to modify or replace these Terms at any time. We will provide notice of any changes by posting the new Terms on the Platform. Your continued use of the Platform following the posting of any changes constitutes acceptance of those changes.

Contact Information

If you have any questions about these Terms, please contact us at: sales@vybactive.in

VYB Active Private Limited

Gate 6, Elixir Tower, Level 2 & 3, Knowledge City Road,
Madhapur, Hyderabad, Telangana-500081.