With effect from January 1 2021
- This Services under the name and style “Lazarus Sports India” (“Services”) is owned and operated and made available by Invictus Sports India Pvt Ltd, with its registered office at No. 986, 16th Cross, 5th Main Road D Group Layout, Sri Gandhada Kaval Bangalore Bangalore KA 560091 IN and includes any of our affiliates, associates, assignees or successors-in-interest as determined by us at our sole discretion and without requiring any prior notice or intimation to You (“Company”, “we” or “us” or “our”).
- Anyone below 18 (eighteen) years of age is assumed to be a child (“Child”) and requires parental consent to use the Services. The parents/legal guardian of the Child or users above 18 (eighteen) years of age are hereinafter referred to as “You” or “Your”. Any benefit derived from these Services by You shall be derived by You for the benefit of the Child.
- Overview of the Services
- Amongst various health and wellness services, we currently provide online and offline strength conditioning programs, fitness programs and mental health programs. These services include various online and offline sessions via various platforms (“Services”). These Services will be provided to You through various professional experts in their respective fields or persons who are proficient at or have the requisite knowledge and skill for providing the Services (“Trainers”).
- This Services is a platform through which You can obtain information about us, our Services. You may use the website to subscribe for the Services.
- There are currently various courses on various subjects offered by us, and depending upon the module selected by You, we grant You access to the module’s material, content, curriculum, documents and other information and data (“Curriculum”) which may be in the form of video, audio, written, graphic, recorded, photographic, or any other format as may be prescribed. Upon availing of the Services, we grant You a limited, non-transferable, non-exclusive and revocable license to access, view and use the Services, the Services and the Curriculum for non-commercial use only. Any rights not expressly granted to You herein are reserved by the Company.
- You hereby grant Your consent to us for Your use of the Services and thereby attend and participate in the classes, courses, tests, sessions and/or any other program conducted and/or organized by us for the Services availed through the website. You understand and agree that in case You miss a class or module, You shall be entitled to reschedule such class up to a maximum of 2 (two) times in a month if such class is one-on-one class. It is clarified that in case of a group class, You shall not be permitted to reschedule any missed class, unless specifically agreed by the Company.
- Any request for cancelling or rescheduling of classes shall only be considered if You send an email from your registered email-id to the concerned Trainer, requesting such reschedule / cancellation. The request will be considered on a case-to-case basis and shall be accepted or rejected at our sole discretion. If any classes are cancelled by us, we shall ensure that such classes are rescheduled accordingly and if such rescheduling is not possible, we will refund the fees paid towards the cancelled class in accordance with our refund policy, as provided under Clause 9.
- To get an understanding of our Services, You may, at the discretion of the Company, have the option of joining 1 (one) trial class which will be free of cost. You understand that You can only avail 1 (one) free trial class and that using someone else's accounts, email IDs to avail such free trail class without the prior written permission of the Company is not allowed and shall amount to a breach of the Terms. You understand and acknowledge that Your use of the free trial shall also be governed by these Terms.
- Acceptance of Terms
- Subject to these Terms and Conditions, we may offer to provide the Services, and which are selected by You, solely for Your benefit, and not for the use or benefit of any third party.
- You agree not to access any content of Services through any technology or means other than the means made available by us. If there is any particular content You wish to procure from the Services pertaining to any Service, You may place a request with us to access such content.
- You agree not to circumvent, disable or otherwise interfere with security-related features of the website or any ancillary features that prevent or restrict use or copying of any restricted information.
- Registration and Eligibility
- In order to use and avail the Services, You are required to register with us by providing personal information relating to You and covenant that You shall provide us with accurate, correct and complete registration information including but not limited to, (i) Your name, (ii) Your e-mail ID, (iii) Yours photograph, (ii) Your gender, (iii) Your birth date, (iv) Your current address, (v) Your contact details and (vi) payment information for the fees for the Services if required. You shall ensure that the requisite information provided by You to us for the Services, is absolutely true, up-to-date and correct and nothing material has been concealed, and that You agree to maintain the accuracy of such information. We will not be liable for any incident occurring due to incorrect or insufficient information provided by You.
- Please note that You must be at least 18 years old to register on the Services. If You are under 18 (eighteen) years old, You are not permitted to register on this site unless such registration is completed by a parent or legal guardian.
- You acknowledge that Your user ID and password for the Services (LoginDetails") is for Your exclusive use only. Use or sharing of Your Login Details with another user or person is not permitted and is cause for immediate blocking of Your access to the Services, the Services and the content provided by us.
- You are solely responsible for maintaining the confidentiality of Your Login Details and for all activities that occur under it. You agree to immediately notify us if You become aware of or have reason to believe that there is any unauthorized use of Your Login Details. You also agree to take all reasonable steps to stop such unauthorized use and to cooperate with us in any investigation of such unauthorized uses. We shall not under any circumstances be held liable for any claims related to the use or misuse of Your Details due to the activities of any third party outside of our control or due to Your failure to maintain the confidentiality and security of Your Login Details.
- Registration as a user is only a one-time process and if You have been previously registered, You shall login / sign into Your account using the existing Login Details.
- Notwithstanding anything contained herein, You shall not:
- provide any false personal information to us (including a false/fraudulent Login Details) or create any account for anyone other than Yourself without such person's explicit permission;
- use the Login Details that is the name of another person with the intent to impersonate that person;
- use the Login Details that is subject to any rights of a person other than You without appropriate authorization; or
- use/generate the Login Details that may be, in our sole opinion, offensive, vulgar, obscene or otherwise unlawful.
- The subscription of the Services is not transferable, i.e., only the person on whose name the subscription is made will be eligible to avail the Services.
The Services provides educational services through various Trainers appointed by it. The Trainers are selected by us through a rigorous selection process and are trained by us to perform the Services with the highest standard of care using the Curriculum provided by us. Please note that the Curriculum provided may be subject to modifications by the Trainers.
- Recording of Classes
- We reserve the right to record any communication between You and the Trainer, us or our affiliates and our or their directors, employees, agents, partners, third party service providers, licensors or content providers (including the Trainers, tele-sales executives, customer support, customer experience executives and other persons as may be authorised by us to contact You).
- You hereby explicitly consent and grant permission to us to record, make videos, audio/sound recordings, take screenshots during the classes/ lectures that are conducted by the Trainer on the Services for (i) the purpose of improving the Services offered by the Company, (ii) quality and internal training purposes and/or (iii) such other purposes as may be informed to You from time to time.
- Payment Terms
- You explicitly agree to pay the fees for the courses/modules that You purchase. All payments shall be through the payment mechanism put in place by the Company on the Services and You shall be responsible for paying all fees and applicable taxes in a timely manner as per the mechanism associated with the module availed by You. These applicable charges are also subject to a periodic review and revisions at our sole discretion and such revisions may be intimated to You as and when required. Please note that Your network operator may also separately charge You for data and other usage.
- All payments made towards obtaining the subscription for the Services shall be made directly to us via the channels provided to You and shall not be made to the Trainers directly at any point of time. We shall not be liable for any amount advanced by You in contravention to this.
- While making payments though the payment gateways set up by us, You hereby agree to be governed and bound by the terms and conditions of the third-party payment gateway service providers, including any convenience fee levied by such service provider.
- While availing any of the payment methods made available through the Services, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
- lack of authorization for any transaction/s; or
- exceeding of the pre-set limit mutually agreed between You and the financial services providers You deal with; or
- any payment issues arising out of the transaction.
- Refunds and Cancellations
- You may be eligible for refunds for any payments made for Services within 4 (four) days of making such payments. In order for us to process Your refund, You would be required to send the concerned Trainer an email from your registered email-id, requesting the cancellation and a refund for such module. However, any such request for refunds shall be realized by us on a best effort basis.
- Please note that any refund request raised by You shall be considered by us on a case-to-case basis and may be accepted or rejected at our sole discretion and if rejected, shall not be subject to further review.
- Additional Classes
Any request for additional classes, if required by Your Child, shall be requested for by raising a request with the concerned Trainer and such request will be considered by us on a case-to-case basis and shall be accepted or rejected at our sole discretion. Such additional classes may require You to pay additional fees, which will be communicated to You within a reasonable time from raising of the support request.
- Conditions To Use
- The Services will be provided on a best-efforts basis. We will make reasonable efforts and shall endeavor that You are able to use the Services without undue disruption, interruption or delay.
- Once You create an account on the Services, You may receive updates, promotional materials and other information we may send with regards to the Service, or new services we may offer. You hereby consent to receiving all such commercial communications from us. You may opt out of receiving any, or all, of these commercial communications from us by raising a support request as provided for on the Services or following the instructions provided in any email and/or text we send.
- Intellectual Property
- All trademarks, information, content, marks, texts, video, software and material (including the Curriculum) on the Services and Services are the intellectual property of the Company. You covenant not to reproduce whether in whole or party of the aforementioned intellectual property of the Company, except with the prior written consent of the Company.
- You hereby explicitly consent that any audio, video or any other recordings of the classes conducted as part of the Services shall be the sole property of the Company. You undertake to use the Services and the Company’s intellectual property only for the purposes specified in these Terms.
- Rules and Conduct
- As a condition of use, You covenant not to use the Service for any purpose that is prohibited by these Terms and Conditions and by the applicable laws of India in force. You are responsible for all of Your activity in connection with the Service.
- By way of examples, and not as a limitation, You shall not take any action that:
- infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty or obligations of confidentiality;
- You know is false, misleading, untruthful or inaccurate;
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, promotes bigotry, discrimination or violence, or is otherwise inappropriate as solely determined by us in its sole discretion;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
- involves sharing any link or data that contains software viruses or any other computer codes, files, worms, logic bombs or programs that are designed or intended to disrupt, disable, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any of our system, data, password or other information or any third party;
- impersonates any person or entity, including any of our employee or representative;
- includes anyone's identification documents or sensitive financial information; or
- You shall not (directly or indirectly):
- interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service;
- bypass any measures we may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service);
- modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, republish, repurpose, sell, trade, or in any way exploit the Service or the Curriculum, except as expressly authorized by us;
- decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any hardware, or source code or underlying ideas or algorithms of any part of the Service (including without limitation any application or widget), except to the limited extent applicable laws specifically prohibit such restriction;
- copy, rent, lease, distribute, or otherwise transfer any of the rights that You receive hereunder;
- delete or modify any content of the Services, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that You do not own or have express permission to modify;
- use the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms and Conditions, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into any Services or any operating system;
- not make false or malicious statements against the Services or us; or
- otherwise take any action in violation of our guidelines and policies.
- By using the Services, You represent and warrant that You have the legal capacity to consent to the acceptance of these Terms and Conditions.
- We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms and Conditions, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect our rights, property or safety, our users/ subscribers and the public.
To the extent permitted by law, You agree to indemnify the Company, its officers, directors and employees from and against any losses, damages, costs, expenses and claims arising out of (i) Your use of the Services; (ii) any breach of these Terms and Conditions by You; (iii) or (v) violation of any applicable law by You.
We may terminate Your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and deletion of all information associated with Your membership or Your subscription. If You wish to terminate Your account, You may do so by initiating a support request as provided for on the Services. Subject to Clause 9 herein, any fees paid hereunder are non-refundable. All provisions of these Terms and Conditions which by their nature survive termination shall survive termination, including, without limitation, intellectual property ownership provisions (Clause 12), warranty disclaimers (Clause 17), indemnity (Clause 15) and limitations of liability (Clause 17).
- Warranty Disclaimer and Limitation of Liability
- Save to the extent required by law, we have no special relationship with or fiduciary duty to You. You acknowledge that we have no control over, and no duty to take any action regarding: what effects the Services may have on Your Child or how Your Child may interpret or benefit from the Services.
- We make best efforts to ensure that the information and the training facilitated by the Trainers on the Services is accurate and is as per the Curriculum, but this does not guarantee or warrant to its accuracy, adequacy, correctness, validity, completeness, or suitability for any purpose, and accepts no responsibility with respect to the information and coaching given by the Trainer on the Services.
- We undertake the review of the Curriculum delivered to the Trainers; however, the Company does always not guarantee the quality of lessons delivered to the Child. At any instance of live interactive classes, if the Trainer uses any sexual or abusive language or depicts any forced sexual acts, or pornographic images or does any unethical, unlawful or immoral act, then in such cases, please immediately inform us of such event. We will make all efforts to take any and all necessary actions as per the applicable law. However, we explicitly disclaim any liability or responsibility in the event of such a circumstance.
- We will not be held responsible for any unethical, illegal acts performed by the Child on the advice of Trainer, and it shall be the Your responsibility to closely monitor the activities of Your Child while accessing the Services.
- You understand and acknowledge that Your subscription or use of the Services does not in any way guarantee the achievement of any specified percentage of marks in any examinations or passing of any exams.
- In no event shall we be liable for any direct, indirect, incidental, special or consequential damages, or damages for loss of profits, revenue, data or data use, incurred by You, whether in an action in contract or tort, arising from Your access to, or use of, the Services or any content provided on or through the Services.
- The Company facilitates educational information on an "as is" basis and is liable only to provide its Services with reasonable skill and care.
- Our liability for any and all claims in the aggregate, arising out of or related to Your use of the Services, shall not under any circumstances exceed the amounts actually paid by You to us towards our Services.
- We do not warrant that the operation of the Service will be uninterrupted or error-free. We will not be liable in any amount for failure to perform any obligation under these Terms, if such failure is caused by the occurrence of any unforeseen contingency beyond our reasonable control including but not limited to internet outages, communications outages, fire, flood, war, pandemics or acts of God.
- Further, we will not be liable or responsible for:
- any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions or any financial loss that is caused due to the use of the Services;
- the Services not meeting Your individual requirements or the Services containing defects or errors or deficiencies, as the Services has not been developed specifically for You. It is Your responsibility to ensure that You use and utilize the Services if the facilities and functions of the Services meet Your requirements;
- any loss or damage caused by a distributed denial-of-service, viruses attack, or other technologically harmful material that may infect Your device, data or other proprietary material due to Your use of the Services.
- additionally, by utilizing the Services, You understand, acknowledge and agree that internet transmissions are never completely private or secure and that any message or information You send using our Services may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
- Governing Law
- A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
- These Terms and Conditions shall be governed by and construed in accordance with the laws of India. For all purposes of these Terms and Conditions, the Parties’ consent to exclusive jurisdiction of courts located in Bangalore, India. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of these Terms and Conditions, including without limitation, this section.
If any provision of these Terms and Conditions is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms and Conditions will otherwise remain in full force and effect and enforceable. The failure of either party to exercise, in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms and Conditions to be binding, we must provide You with written notice of such waiver through one of our authorized representatives.
- Modification of Terms and Conditions
We reserve the right, at our sole discretion, to modify or replace any of these Terms and Conditions, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) or its usage at any time by posting a notice or by sending You notice through our Service or via email/contact details provided as Login Details. We may also impose limits on certain features and services or restrict Your access to parts or all of the Services without notice or liability. It is Your responsibility to check these Terms and Conditions periodically for changes. Your continued subscription and use of the Services following the posting of any changes to these Terms and Conditions shall constitute as an acceptance of those changes.
- Links To Third Party Services And Advertisements
- We retain the unfettered right to display any advertisements on the website and through the services. Further, the Services may include links to third party advertisements and other Services / applications, whose terms and privacy practices may differ from those of ours. You are advised to use Your discretion while visiting such Services/applications or while providing any personal information on such Services/ applications, or while purchasing of any products or services on such Services/applications.
- The inclusion of a link does not imply any endorsement by us of such third-party website, the website’s provider, the information on the third-party Services, or the quality of products or services provided on such website. You hereby agree and acknowledge that any access of such websites / applications shall be at your sole risk, and we shall not be liable for any losses sustained by You in this regard.
- Unless otherwise specified in these Term and Conditions, all notices hereunder will be in writing and will be deemed to have been duly given when received or when receipt is electronically confirmed, if transmitted by or e-mail.
- In respect of these Terms and Conditions and Your use of these Services, nothing in these Terms and Conditions shall be deemed to grant any rights or benefits to any person, other than us and You, or entitle any third party to enforce any provision hereof, and it is agreed that we do not intend that any provision of these Terms and Conditions should be enforceable by a third party as per any applicable law.
- Should You have questions about these Terms and Conditions or information collection, use and disclosure practices in relation to the Services, You may contact our Grievance Officer at: