Terms of Use

Last updated: 12th November 2024

These Terms of Use (“Terms”) is an agreement between You and BetterLife Horizons Private Limited ("Gabit" or “BetterLife” or "we" or "us" or “our(s)” as the context requires) governing Your access and use of Gabit’s products, software and/or services with the characteristics and features as described on www.gabit.com (“Website”) and any related mobile or software applications including the Gabit mobile application (“App”) (the Website and App and related online tools referred to collectively as the "Platform"). The Platform is owned and operated by BetterLife Horizons Private Limited, a private limited company incorporated under the Companies Act 2013 and having its registered office at 18th Floor, Tower A, Building No.5, DLF Cyber City, DLF Phase-3, Gurugram, Haryana, India, 122002.

As used herein, “You” and “Your(s)” refers to any individual, firm, company or legal entity that accesses or otherwise uses the Platform. Your use of the Platform is also subject to our Privacy Policy, which covers how we collect, use, share, and store Your personal information, as well as, any additional policies and terms provided by us to You.

Your consent

PLEASE REVIEW THESE TERMS CAREFULLY. BY ACCESSING OR USING THE PLATFORM, YOU ARE AGREEING TO COMPLY WITH AND BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE PLATFORM.

Health disclaimer and release

THIS PLATFORM MAY PROVIDE INFORMATION RELATED TO EXERCISE, FITNESS, DIET AND NUTRITION AND IS INTENDED FOR YOUR PERSONAL USE AND INFORMATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.

YOU SHOULD CONSULT WITH A PHYSICIAN BEFORE BEGINNING ANY EXERCISE, FITNESS, DIET OR NUTRITION ROUTINE INCLUDING IF YOU ARE PREGNANT OR HAVE PRE-EXISTING HEALTH CONDITIONS. NOTHING CONTAINED IN THE PLATFORM SHOULD BE CONSIDERED AS MEDICAL ADVICE OR DIAGNOSIS.

YOU ASSUME ALL RISK OF INJURIES ASSOCIATED WITH PARTICIPATION INCLUDING, BUT NOT LIMITED TO, FALLS, CONTACT WITH OTHER PARTICIPANTS, THE EFFECTS OF THE WEATHER, INCLUDING HIGH HEAT AND/OR HUMIDITY, AND ALL OTHER SUCH RISKS BEING KNOWN AND APPRECIATED BY YOU.

IF YOU HAVE NOT BEEN PHYSICALLY ACTIVE FOR MORE THAN 1 (ONE) YEAR, OR IF YOU HAVE ANY MEDICAL HISTORY THAT MAY PUT YOU AT RISK, INCLUDING, WITHOUT LIMITATION, ONE OR MORE OF THE FOLLOWING CONDITIONS, YOU MUST SEEK APPROVAL FROM A QUALIFIED HEALTH CARE PRACTITIONER PRIOR TO USING THE SERVICES: HEART DISEASE; HIGH BLOOD PRESSURE; FAMILY HISTORY OF HIGH BLOOD PRESSURE OR HEART DISEASE; CHEST PAIN CAUSED BY PREVIOUS EXERCISE; DIZZINESS OR LOSS OF CONSCIOUSNESS CAUSED BY PREVIOUS EXERCISE; BONE OR JOINT PROBLEMS; DIABETES, HIGH CHOLESTEROL, OBESITY; OR ARTHRITIS.

YOU SHOULD DISCONTINUE EXERCISE IN CASES WHERE IT CAUSES PAIN OR SEVERE DISCOMFORT, AND SHOULD CONSULT A MEDICAL EXPERT PRIOR TO RETURNING TO EXERCISE IN SUCH CASES. WE RESERVE THE RIGHT TO DENY YOU ACCESS TO THE SERVICES FOR ANY REASON OR NO REASON, INCLUDING IF WE DETERMINE, IN OUR SOLE DISCRETION, THAT YOU HAVE CERTAIN MEDICAL CONDITIONS.

YOU ACKNOWLEDGE YOUR USE OF THE PLATFORM AND THE CONTENT THEREON IS AT YOUR OWN RISK, ARE VOLUNTARILY PARTICIPATING IN THESE ACTIVITIES, INCLUDING ANY AND ALL RISKS ASSOCIATED WITH YOUR USE OF ANY WORKOUTS OR DIETARY/NUTRITIONAL ROUTINE SET OUT ON THE PLATFORM.

YOU ACKNOWLEDGE THAT THERE ARE INHERENT RISKS OF INJURY WITH ANY PHYSICAL ACTIVITY AND YOU HEREBY RELEASE BETTERLIFE AND ALL OF ITS EMPLOYEES, DIRECTORS, OFFICERS AND REPRESENTATIVES AND OTHER PARTIES INVOLVED IN THE CREATION, MAINTENANCE AND DISTRIBUTION OF THE CONTENT ON THE PLATFORM FROM ANY AND ALL LIABILITY ARISING AS A RESULT OF YOUR USE OF THE PLATFORM OR THE CONTENT THEREON, INCLUDING, WITHOUT LIMITATIONS, ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO PHYSICAL INJURY, ILLNESS, DEATH, LOSS OF PROFITS, LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE.

Your use of the Platform

The Platform includes areas that are open to all visitors and password-protected areas, such as the secured financial information areas that may be accessed only by “account owners” and other authorized users (collectively, “Authorized Users”). These Terms apply to both the public areas of the Platform and the password-protected areas of the Platform.

Certain content and products on the Platform (“Services”) that Gabit may offer or that You may wish to access or purchase will require that You first register with Gabit and create an account (“User Account”), although many Services are accessible without the requirement of a User Account. These Terms apply equally to Your access to and use of any Services without establishing a User Account as well as Your access to and/or use of the Services for which a User Account is required.

Your representations and warranties

When You access the Platform, You hereby represent and warrant that:

1. If You are an individual:
   1. You are at least 18 years of age or have reached the age of majority in the jurisdiction in which You live or reside;
   2. You are capable of entering into and performing legally binding contracts under applicable law; and
   3. all information which You provide is accurate, up to date, truthful and complete;
2. If You represent a corporate entity or a firm:
   1. You have the full right, legal power and actual authority to bind such entity to these Terms;
   2. that entity is duly organised, validly existing and in good standing under the applicable laws; and
   3. all information which You provide is accurate, up to date, truthful and complete.

You agree, undertake and confirm that Your use of the Platform shall be strictly in accordance with applicable laws.

Restrictions on Use

You further represent, warrant and assure that You shall not engage in any activity, host, display, upload, modify, publish, transmit, store, update or share any information or content that:

1. belongs to another person and to which You do not have any right;
2. is defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
3. is harmful to children;
4. infringes any patent, trademark, copyright or other proprietary rights;
5. violates any law for the time being in force;
6. deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
7. impersonates another person or entity;
8. Accesses or uses the account of another customer without permission;
9. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation;
10. contains software virus, trojans, spyware or any other computer code, file or program that are malicious or designed to interrupt, destroy or limit the functionality of any computer resource;
11. any act amounting to a criminal offence under the Information Technology Act, 2000 (and any amendments). Such breach will be immediately reported to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing Your identity to them;
12. attempt to gain unauthorized access to our Platform, the server on which our Platform is stored or any server, computer or database connected to our site.
13. violates our guidelines and policies;
14. constitutes a form of deceptive advertising;
15. Asserts or implies that Your Content is in any way sponsored or endorsed by us;
16. is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person

Your User Account

To establish a User Account, You may be required to provide Gabit with certain personal information, including without limitation, Your first and last name, e-mail address, and phone numbers (including cell phone numbers), that may be used to identify You as an authorized user of the Service. You agree that You will supply accurate information to Gabit when requested, and that You will update that information promptly if it changes. Gabit reserves all rights to pursue legal action against all persons who misrepresent personal information or who are otherwise untruthful about their identity, and to suspend or cancel User Accounts registered with inaccurate or incomplete information.

1. Login Information. During the registration process, or in connection with certain features or products that may be available through the Services, You may be required to select a username and a password (collectively, “Login Information”). For ensuring ease of access and User’s benefit, certain features, Services or products that may be available through the Platform may come with automatic registration or log in requirement. It is important that You remember Your Login Information and that You keep Your Login Information in a safe and secure offline location. You may not share or transfer Your User Account or the Login Information with anyone other than as expressly set forth in this Agreement. You are responsible for protecting the confidentiality of the Login Information, and You will be responsible for all use of Your User Account accessed with Your Login Information, including purchases, whether or not authorized by You. Any unauthorized access, use, distribution or transfer of Your User Account or Login Information may result in suspension, termination, or cancellation of Your User Account and Your access to and use of the Services.
2. Security of Your User Account and Login Information. In the event that You become aware of or suspect unauthorized use of Your User Account or Login Information or any other breach of security, You agree to immediately notify Gabit of such use pursuant to the Notice provision below, and ensure that You secure Your User Account, Login Information and computer from unauthorized access and use. Once we are notified of any unauthorized use or breach of security, we will attempt to reset Your Login Information, which may require You to provide us with a new username or password. In accordance with our Privacy Policy, we have implemented technical, administrative and physical security measures to help safeguard and prevent unauthorized access, use or disclosure of Your personal information. Although we use reasonable efforts to safeguard the security of Your personal information, transmissions made on or through the Internet and personal information stored on our servers or the servers of Third Party Providers that we may use are vulnerable to attack and cannot be guaranteed to be secure. In addition, submissions made via email are not protected by encryption and are vulnerable to interception during transmission. Gabit hereby disclaims any liability for security breaches, access to or disclosure of Your personal information or the unavailability of the Services or any delay or failure to perform resulting from any causes whatsoever.

Ownership of Platform and Content

All rights, title and interests to the Platform, including all of the software and code that comprise and operate the Platform, and all of the text, photographs, images, illustrations, graphics, audio, video and audio-video clips, and other materials provided through the Platform (collectively, “Content”) are owned, or licensed, by Gabit. The Platform is protected under trademark, service mark, trade dress, copyright, patent, trade secret and other intellectual property laws. In addition, the entire Content of the Platform is, and shall be deemed to be, owned by Gabit including the copyright in the selection, coordination, arrangement and enhancement of the Content of the Platform.

We hereby grant You a limited, revocable, non-transferable and non-exclusive license to download and print copies of any portion of the Content on this Platform to which You have properly gained access, but only for Your own personal, non-commercial use, and only if You do not remove, modify or obscure any copyright, trademark, or other proprietary notices from the Content You download. The foregoing license is subject to these Terms and does not include the right to use any data mining, robots or similar data gathering or extraction methods. This license is revocable at any time without notice and with or without cause. You may not and You may not permit others to copy, distribute, perform or display publicly, prepare derivative works based on, broadcast, exploit or use any part of the Content on this Platform except as expressly provided in these Terms without our prior written permission. Nothing in these Terms shall be construed as transferring any right, title or interest in the Platform or its Content to You or anyone else, except the limited license to use the Platform and its Content on the Terms expressly set forth herein.

License to User Content

This Platform enables you to input personal notes, goals, upload pictures, images, selfies, submit content and log certain information into the Platform (“User Content”) in line with these Terms. As between you and Gabit, you shall continue to own the User Content. You hereby grant to Gabit an irrevocable, perpetual, royalty-free, fully paid-up worldwide non-exclusive license to use, modify, edit, reproduce, copy, publish, sublicense, publicly perform, publicly display, index, comment upon, republish and distribute the User Content and any derivative works of the User Content that result from modification by or for Gabit in any media. For example, we may use the above license grant to the User Content to provide you with access to specific tools, products or service or in conjunction with any other products and services of Gabit, for marketing, advertising, publicity, or any other commercial or lawful purpose or otherwise subject to our Privacy Policy.

Third-Party content

Some of the information, articles and other materials available through the Platform are provided to Gabit by third parties. Wherever practical, in our opinion, the source of these third-party materials is identified. These third-party materials are provided for Your interest and convenience only. Gabit does not endorse these materials or the vendors who supply them to us, nor does Gabit warrant or represent that these materials are current, accurate, complete or reliable.

Trademarks

The trademarks and service marks used or displayed on the Platform (“Trademarks”) are registered and unregistered trademarks of members of Gabit, its affiliates, or third parties. You may not use any Trademarks displayed on the Platform without the prior express written permission of Gabit or the trademark owner.

Links to third-party Web applications

The Platform may contain links to other web applications owned by third parties (such as, advertisers, affiliate partners, strategic partners, or others). We are not responsible for examining or evaluating, and we do not warrant the products or offerings of, any of these businesses or individuals, or the accuracy of the content of their web applications. We do not assume any responsibility or liability for the actions, product, and content of any such web applications. Before You use any third party web applications, You should review the applicable terms of use and policies.. The inclusion of a link in the Platform does not imply our endorsement of such third party web applications.. If You decide to access any such linked web applications, You do so at Your own risk.

Links to other BetterLife Web Apps

The Platform may contain links to other web Apps owned by BetterLife or our affiliates. Different web Apps are used for different purposes and therefore may have different terms of use and privacy policies. These Terms (and the Online Privacy Policy referenced above) apply only to the Platform. Before You use any other Web App, You should review the applicable terms of use and policies for that web App.

Disclaimers

You acknowledge that the information on the Platform is provided “as is” and for general information only. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. If You have any concerns or questions about Your health, You should always consult with a physician or other health-care professional. Do not disregard, avoid or delay obtaining medical or health related advice from Your health-care professional because of something You may have read on the Platform.. The use of any information provided on the Platform is solely at Your own risk. You understand the nature of Services may involve physical activity and You assume all risk of physical injury, whether minor, severe or otherwise resulting from it and You shall at all times be responsible for Your own safety and wellbeing.

YOU MUST NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING MEDICAL TREATMENT AS RESULT OF ANY INFORMATION YOU HAVE SEEN ON OR ACCESSED THROUGH THE PLATFORM. IF YOU HAVE ANY SPECIFIC QUESTIONS ABOUT ANY MEDICAL ISSUE YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER PROFESSIONAL HEALTHCARE PROVIDER. IF YOU THINK YOU MAY BE SUFFERING FROM ANY MEDICAL CONDITION YOU SHOULD SEEK IMMEDIATE MEDICAL ATTENTION.

YOU ASSUME FULL RESPONSIBILITY FOR ANY AND ALL DAMAGES, INJURIES, OR LOSSES THAT YOU MAY SUSTAIN OR INCUR, IF ANY, WHILE ATTENDING OR PARTICIPATING IN ANY HEALTH PROGRAMME, EXERCISE ROUTINE OR PHYSICAL ACTIVITY. YOU HEREBY WAIVE ALL CLAIMS AGAINST GABIT, ITS DIRECTORS, ITS OFFICIALS AND EMPLOYEES, FOR ANY AND ALL CLAIMS FOR INJURIES OR DAMAGES THAT YOU MIGHT SUSTAIN.

Disclaimer of warranties

Your use of the Platform and all of the Content and Services made available through this Platform, is at Your sole risk. The Content and services made available through the Platform, are provided by the third parties and Gabit has not provided any representations or warranties of any kind whatsoever in this respect. To the fullest extent permitted by law, Gabit, Its Affiliates and their respective directors, officers, employees, agents, licensors and service providers, expressly disclaim all representations and warranties of any kind whatsoever, whether express, implied, or statutory, with respect to the Content and Services made available through the Platform; Your use of the Platform; or any web applications to which the Platform is linked. Without limiting the generality of the foregoing, Gabit, its affiliates and their respective directors, officers, employees, agents, licensors and service providers disclaim all representations and warranties w.r.t. Content, Products or Services proposed to be sold, or offered to be sold, or purchased or inquired through the Platform (a) of merchantability, fitness for a particular purpose, title and non-infringement; (b) arising from course of dealing or course of performance; (c) that the Content and Services is accurate, complete, current, relevant or reliable; (d) quality, value, salability; (e) that Your use of the Platform will be uninterrupted or error-free; (f) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the services through the actions of any third party (g) any unauthorized access to or use of our servers and/or any and all personal information stored therein, and/or any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the services. Any material downloaded or otherwise obtained through the use of the services is done at Your own discretion and risk and You will be solely responsible for any damage to Your computer system or other device or loss of data that results from the download of any such material.

Gabit disclaims any responsibility or liability to the fullest extent permitted by applicable law, whether in contract, tort (including, without limitation, negligence), or otherwise, for any loss or damage arising from any reliance on or the use of the Platform in any way. Gabit shall in no way be responsible or liable for customer satisfaction, and any guarantee or warranty in relation to the products or services will be the responsibility of the seller/service provider. Gabit disclaims all warranties or representations regarding the compatibility or security of the Platform or our systems with Your device.

Limitation of liability

UNDER NO CIRCUMSTANCES, SHALL GABIT, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, LICENSORS, SERVICE PROVIDERS ETC, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL LOSSES OR DAMAGES, INCLUDING LOSS OF PROFITS, REVENUES, SAVINGS, DATA OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH (A) THE USE OF OR INABILITY TO USE THE PLATFORM, CONTENT, PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THE PLATFORM; (B) ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE; (C) RELIANCE BY YOU THAT THE CONTENT AND SERVICES IS ACCURATE, COMPLETE, CURRENT, RELEVANT OR RELIABLE; (D) QUALITY, VALUE, SALABILITY; (E) THAT YOUR USE OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE; (F) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES THROUGH THE ACTIONS OF ANY THIRD PARTY (G) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, AND/OR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.

EACH OF THE FOREGOING LIMITATIONS OF LIABILITY APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE OR OTHER TORT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF AN AUTHORIZED REPRESENTATIVE OF GABIT OR ONE OF ITS AFFILIATES, LICENSORS OR SERVICE PROVIDERS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.

IN NO EVENT SHALL GABIT’S LIABILITY TO YOU EXCEED THE AMOUNT RECEIVED BY GABIT FROM YOU FOR ANY SERVICES OR PRODUCTS THROUGH THE PLATFORM UNDER THE APPLICABLE ORDER ID.

Indemnity

You agree to defend, indemnify and hold harmless Gabit, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) Your use of and access to the Content, Service and Platform; (ii) Your violation of any of the Terms; (iii) Your violation of any third party right, including without limitation, any copyright, property, or privacy right; or (iv) any claim that Your User Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and Your use of the Service and Platform.

In-App purchase terms

Some applications offered by way of the Services or otherwise referenced on the Gabit website may include the ability to make purchases within the application itself (also referred to as “in-app purchases”). This can include the ability to purchase additional content, products or access additional features without having to leave the application. The device on which You are accessing such applications may include settings that prevent access to certain features or content, which may allow You to turn off the ability to make in-app purchases. Please review Your settings on Your device or seek advice from Your data carrier or the manufacturer of Your device on how to change Your settings or enable restrictions. While some of the content accessible through the Gabit Services are free to access and view, some content are not free and can only be accessed and viewed after the applicable payment is made.

We may manage, regulate, control, modify or eliminate in-app purchases at any time, with or without notice. We shall have no liability to You or any third party in the event that Gabit exercises any such rights.

The transfer of merchandise including any products and services made available through in-app purchases (“Merchandise”) is prohibited by You except where expressly authorized in the Service. Other than as expressly authorized in the Service, You shall not sell, redeem or otherwise transfer Merchandise to any person or entity, including but not limited to Gabit, another user or any third party.

All purchases of Merchandise made through the service are final and non-refundable.

Pricing

We strive to provide accurate product and pricing information, however errors may occur. We cannot confirm the price of the Merchandise until You make the order. If a product / service is listed at an incorrect price or with incorrect information due to any technical error, we shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product/ service, unless the product has already been delivered or the service has already been availed by You. In the event that an item is wrongly priced, we may, at our discretion, either contact You for instructions or cancel Your order and notify You of such cancellation. In the event, we are unable to deliver the product to You on time or at all, You will be notified by an e-mail and Your order will be automatically cancelled due to unavailability of the product or at Your instructions due to failure to deliver the product on the expected time of delivery by our delivery partners. We shall not be liable to pay for any damages in such an event owing to cancellation of the order or delay in delivery.

In the event that we accept Your order the same shall be debited to Your credit card/ debit card account and duly notified to You by email that the payment has been processed. The payment may be processed prior to dispatch of the product that You have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed to Your credit / debit card account. You agree to pay all fees and applicable taxes incurred by You or anyone using a user account registered to You. We may revise the pricing for the goods and services offered through the service at any time. We may also revise and cease to make available any product/ services at anytime.

Payments

All payments for any Merchandise purchased through the Platform, shall be made by using the payment gateway linked with the Platform. By initiating the payment through any of the possible modes, You hereby represent and warrant that You have the authority to use such payment mode and have sufficient funds to complete the services. By providing such details, You represent, warrant, and covenant that: (1) You are legally authorized to provide such details; (2) You are legally authorized to perform payments using such details; and (3) such action does not violate the terms and conditions applicable to Your use of such details or applicable law.

You agree and acknowledge that we may use the services of a third-party payment gateway provider for the purpose of collection of fees, payments, purchase price for the products or services. You must provide the third party payment provider with valid payment information (Visa, MasterCard, or other issuer accepted by the payment provider). The said third party payment gateway provider may collect certain personal and financial information such as credit card details, name, address, phone number and You have no objection to this data being collected, stored and processed and You consent to sharing this data for this purpose.

You acknowledge and agree that we do not operate, own, or control the payment gateway and only facilitate the third-party payment gateway for processing of payment. You agree and acknowledge that if any information is required to be disclosed by any order of a court or regulatory authority of competent jurisdiction may be disclosed to such court or regulatory authority to the extent specified in the order. You agree that we shall not be liable or responsible for the activities or consequences due to misuse of any information that occurs as a result.

It is Your responsibility to promptly provide us with any contact or billing information changes or updates (including phone number, email address). We do not validate credit card information required by the customer's payment provider to secure payment.

Any billing or order related discrepancies (such as items, quantity, billing address etc.) need to be notified to us within fifteen (15) days of the payment. If it is not brought to our attention within fifteen (15) days, You agree to waive Your right to dispute such discrepancies.

Cancellation Policy

Skincare products

Gabit’s cancellation policy allows you to cancel any skincare products purchased on our platform as long as it is in the “Order placed” state and as long as the cancellation option is available on the app, website, or mobile site. You can track your order status under the ‘Orders’ section of your profile on our platform or via the link sent to your mobile phone.

You can initiate a cancellation request by following these steps:

• Navigate to the ‘Orders’ section of your profile and find the order you wish to cancel
• Click on the ‘For cancellations, click here’ button on the order listing or order details page
• Next, in the pop-up, confirm the item and the quantity you want to cancel (in case you ordered more than one)
• Click the ‘Yes, cancel’ button
• Select the reason for cancellation and click on ‘Cancel item’

This policy applies to items purchased on sale as well.

Upon successful cancellation, we process the refund within 24-48 business hours. Any amount due will be credited to the original payment mode used for the transaction.

Subscriptions

We currently do not offer subscription cancellations or refunds.

Gabit Smart Ring

Gabit’s cancellation policy allows you to cancel your Gabit Smart Ring order under the following conditions:

• Before Sizing Kit dispatch: You may cancel your order anytime as long as the Gabit Ring Sizing Kit (or “Ring Sizing Kit”) is in the “Order placed” state, at no cost.
• After Sizing Kit dispatch, before Smart Ring dispatch: If you cancel your order after the Ring Sizing Kit has been dispatched but before the Smart Ring itself has been dispatched, a fee of ₹500 will be deducted from the amount paid by you and the rest would be refunded.
• After Ring dispatch: Cancellations are not permitted once the Gabit Smart Ring has been dispatched.

You can track your order status under the ‘Orders’ section of your profile on our platform or via the link sent to your mobile phone.

You can initiate a cancellation request by reaching out to our team. Upon successful cancellation, we process the refund within 24-48 business hours. Any amount due will be credited to the original payment mode used for the transaction.

Gabit CGM

Gabit’s cancellation policy allows you to cancel your Gabit CGM order under the following conditions:

• Before dispatch: You may cancel your order anytime as long as the Gabit CGM is in the “Order placed” state. There will be no cost associated with the cancellation, and the full amount paid will be refunded.
• After dispatch: Cancellations are not permitted once the Gabit CGM has been dispatched from our warehouse.
• Orders containing multiple CGM devices: If your order contains multiple CGM devices, only full cancellations are allowed. Partial cancellations of the order are not permitted.

You can track your order status under the 'Orders' section of your profile on our platform or via the link sent to your mobile phone.

You can initiate a cancellation request by reaching out to our team. Upon successful cancellation, we process the refund within 24-48 business hours. Any amount due will be credited to the original payment mode used for the transaction.

Gabit Smart Scale

Gabit’s cancellation policy allows you to cancel your Gabit Smart Scale order under the following conditions:

• Before Smart Scale dispatch: You may cancel your order anytime as long as the Gabit Smart Scale is in the “Order placed” state. There will be no cost associated with the cancellation, and the full amount paid will be refunded.
• After Smart Scale dispatch: Cancellations are not permitted once the Gabit Smart Scale has been dispatched from our warehouse.

You can track your order status under the ‘Orders’ section of your profile on our platform or via the link sent to your mobile phone.

You can initiate a cancellation request by reaching out to our team. Upon successful cancellation, we process the refund within 24-48 business hours. Any amount due will be credited to the original payment mode used for the transaction

Return policy

Skincare products

Gabit's return policy allows you to return skincare products purchased on Gabit for any reason within the specified return period (check the product details page for the return period).

To ensure a successful return pick-up, please do not use the product and preserve the products in its unused, original condition, with tags and packaging intact. Please retain the following artifacts:

• Original invoice/sale receipt
• Brand outer box & packaging
• MRP/ Price tags
• Labels
• Freebies

Returns will not be accepted under the following conditions:

• The product is used
• The product is returned without original packaging, including price tags, labels, original packing, freebies, and other accessories, or if the original packaging is damaged
• The serial number is tampered with
• The product is altered
• The return request is initiated after the specified return period
• The product is a free gift provided by us

Please note that any free gift included in the order must be returned along with the originally delivered product.

You can initiate a return request by following these steps:

• Navigate to the ‘Orders’ section of your profile and find the order you wish to return
• Click on the ‘Return’ button on the order listing or order details page
• Next, confirm the item and the quantity you want to return (in case you ordered more than one)
• Click the ‘Yes, return’ button
• Select the reason for the return and click on Return item’

In case of returns, we process the refund within 24-48 business hours of receiving the product.

Subscriptions

We currently do not offer returns or refunds on subscriptions.

If you wish to switch from your current subscription to a new one, only upgrades to a higher-value subscription are allowed. The expected refund amount for the remaining days of the original subscription will be calculated on a pro-rata basis and deducted from the total chargeable amount of the new subscription being purchased.

Please carefully review the prices of both the original and new subscriptions before purchasing the new subscription.

Gabit Smart Ring

There is no return or refund possible for the Gabit Smart Ring.

For size or color changes, exchange requests are accepted only if requested within 5 days of delivery. The product must be unused, unpaired, and in its original condition with all packaging and accessories intact.

If the product or package delivered has any physical damage, missing parts, or differs from what was ordered based on the product description on our platform, or is defective, you must contact us within 48 hours from the time of delivery to report the physical damage, missing, or wrong product.

To ensure a successful return pick-up, please keep the products in their unused, original condition, along with:

• Original invoice/sale receipt
• Brand outer box
• MRP tags
• User manual
• Warranty card
• Original accessories in manufacturer packaging

We will accept the return request for such products subject to the terms of this policy. Returns will not be accepted if:

• The product belongs to a non-returnable product category as outlined above.
• You fail to report the damaged, defective, or incorrect product within the return period

For products under the warranty period, we will first inspect the product. If a manufacturing defect is verified, we will repair or replace the product within 90 days of verification and notify you accordingly.

Gabit CGM

There is no return or refund possible for the Gabit CGM.

If the product or package delivered has any physical damage, missing parts, or differs from what was ordered based on the product description on our platform, or is defective, you must contact us within 48 hours from the time of delivery to report the physical damage, missing, or wrong product.

To ensure a successful return pick-up, please keep the products in their unused, original condition, along with:

• Original invoice/sale receipt
• Brand outer box
• MRP tags
• User manual
• Warranty card
• Original accessories in manufacturer packaging

We will accept the return request for such products subject to the terms of this policy. Returns will not be accepted if:

• You placed the order for the wrong product model, color, or an incorrect product
• The product belongs to a non-returnable product category as outlined above.
• You fail to report the damaged, defective, or incorrect product within the return period

Gabit Smart Scale

There is no return or refund possible for the Gabit Smart Scale.

If the product or package delivered has any physical damage, missing parts, or differs from what was ordered based on the product description on our platform, or is defective, you must contact us within 48 hours from the time of delivery to report the physical damage, missing, or wrong product.

To ensure a successful return pick-up, please keep the products in their unused, original condition, along with:

• Original invoice/sale receipt
• Brand outer box
• MRP tags
• User manual
• Warranty card
• Original accessories in manufacturer packaging

We will accept the return request for such products subject to the terms of this policy. Returns will not be accepted if:

• You placed the order for the wrong product model, color, or an incorrect product
• The product belongs to a non-returnable product category as outlined above.
• You fail to report the damaged, defective, or incorrect product within the return period

For products under the warranty period, we will first inspect the product. If a manufacturing defect is verified, we will repair or replace the product within 90 days of verification and notify you accordingly.

Refund policy

Cancellations

Upon successful cancellation, we process the refund within 24-48 business hours. Any amount due will be credited to the original payment mode used for the transaction.

Returns

In case of returns, we process the refund within 24-48 business hours of receiving the product.

Refund timeline

Credit/ Debit cards

• The refund will be processed to the same account from which the payment was made
• It may take an additional 5-7 business days for the amount to reflect in your account

Netbanking

• The refund will be processed to the same account from which the payment was made
• It may take an additional 5-7 business days for the amount to reflect in your account

Cash on delivery

• We will initiate a bank transfer against the refund amount based on the billing details shared by you
• It may take an additional 5-7 business days for the amount to reflect in your account

Warranty

Gabit Smart Ring

The Gabit Smart Ring comes with a 12-month warranty, applicable from the date of purchase. This warranty covers manufacturing defects on the hardware.

• For any manufacturing defects, we will inspect and either repair or replace the product within 90 days from the verification of the warranty claim.
• The warranty is valid only in the country where the product was purchased.
• This warranty only covers manufacturing defects. It does not cover damage resulting from:
  • Normal wear and tear
  • Usage other than the normal intended use of the product
  • Unauthorized repair or alteration
  • Misuse or accidents, however caused
  • Connection to a device not suitable for use
  • Spillage of food or liquids
  • Improper modification of the product

Gabit Smart Scale

The Gabit Smart Scale comes with a 12-month warranty, applicable from the date of purchase. This warranty covers manufacturing defects on the hardware.

• For any manufacturing defects, we will inspect and either repair or replace the product within 90 days from the verification of the warranty claim.
• The warranty is valid only in the country where the product was purchased.
• This warranty only covers manufacturing defects. It does not cover damage resulting from:
  • Normal wear and tear
  • Usage other than the normal intended use of the product
  • Unauthorized repair or alteration
  • Misuse or accidents, however caused
  • Connection to a device not suitable for use
  • Spillage of food or liquids
  • Improper modification of the product

Shipping

Packaging

Our products are meticulously packaged using high-quality materials and techniques to ensure the safe delivery of our products to your doorstep.

Shipping

For orders with multiple products, delivery may be made in multiple shipments.

Delivery typically takes between 2 to 7 business days from the date of order placement, depending on the location.

The estimated shipping and delivery timelines are available on the order details page upon placement of the order. Please note that the estimated delivery times are indicative and there may be unforeseeable delays beyond our control. In such cases, we will strive to notify you by email.

If we are unable to deliver the product within the estimated delivery date, you will have the right either to cancel the order or wait for the product to be delivered.

Your order may be cancelled due to unavailability of the ordered product or at your instructions if the product cannot be delivered within the expected delivery time.

The company shall not be liable for any damage or loss either direct or indirect owing to such cancellation of the order or delay in delivery.

Tracking

Upon dispatch, you will receive an email with the tracking number and courier company details. Orders may be tracked by clicking the ‘Orders’ option under ‘Ordering’ section in your user profile. The order status can be tracked after 24 hours from the time of dispatch.

Health and Fitness Plans

These health and fitness plans (“Subscription Plans”) form part of the overall Services that Gabit may offer to you via the Platform which You may wish to access or purchase through Your User Account. These additional Terms apply equally to Your access to and use of any Services without establishing a User Account as well as Your access to and/or use of the Services for which a User Account is required.

We may offer you the following Services:

1. Consultations: Our current Subscription Plans as per the package chosen offer teleconsultations with health coaches, nutritionists and registered medical practitioner. A registered medical practitioner may include a doctor registered with Medical Council of India or healthcare providers including an individual, organization or hospital (“Medical Practitioner”) as part of the Plans.

   The teleconsultation facility with Medical Practitioners (“Teleconsultation”) is intended to supplement your journey to getting healthy and fit by providing you access to a Medical Practitioner who can advise you from a clinical standpoint. We do not offer such Services on standalone basis and are only offered as part of a Subscription Plan.

   Please note that prescribing medications via Teleconsultation is at the professional discretion of the Medical Practitioner. If at any point the Medical Practitioner is of the opinion that the Teleconsultation is beyond the scope of telemedicine or requires a physical consultation and/or diagnostic tests, then the decision of the Medical Practitioner shall be final in that respect and We bear no responsibility for the same.

   As part of the Teleconsultation, You understand and acknowledge that You may need to disclose your health information, medical history including any reports and data generated by Us on the Platform (“Health Record”) to the Medical Practitioner and any persons employed or engaged by Us for providing You the Services including but not limited to health coaches, nutritionists. You consent that your Health Records may be accessed by our employees, coaches, nutritionists and third-party service providers who we may engage for providing you the Services.

   All Health Records shall be stored, used and disclosed only in the manner stipulated under our Privacy Policy and You can choose to withdraw Your consent at any time in the manner provided under the Privacy Policy. Your hereby consent that We may share/notify Your Health Records to You through SMS / Email/ WhatsApp or any other such messaging service we deem fit.

   If you are below 18 years of age, please approach your parent/guardian so that you can access these Services. In case of any minors or other users who cannot contractually consent to the Services and are part of/accessing the Services via Your User Account, tele consultation would be allowed only if the minor or such other user is consulting along-with an adult or caregiver (as applicable) whose identity needs to be ascertained and that their prior consent has been taken by You for sharing their Health Records.

   If you are the parent/legal guardian of a child that is below 18 years of age, by allowing your child to use Your User Account to access the Services, you agree to take responsibility for: (i) your child’s actions in their use of the Platform; (ii) any charges associated with your child’s use of the Platform and (iii) their compliance with these Terms. You must be present and accompany your child during any teleconsultation with health and fitness coaches, nutritionists or with a Medical Practitioner.

   If You have initiated the telemedicine consultation on our Platform, then Your consent is implied. We may use third party digital applications to which You may be redirected through our Platform or offline for accessing the video consultation and You agree to abide by the terms of use of such third party service provider pertaining to that video consultation application.

   You agree that the Medical Practitioner may need to verify and confirm the patient’s identity by name, age, address, email ID, phone number, registered ID or any other identification as may be deemed to be appropriate. Once your request is accepted, the Platform may provide Your information to the Medical Practitioner, including Your name and identification number. You agree to provide proof of identity (which includes a valid photo identification as applicable) and such information as requested by the Medical Practitioner to verify your identity at the start of or at any time during the video consultation. You acknowledge that you may be denied the Teleconsultation if you refuse to provide proof of identity or assume a false identity. The Medical Practitioner reserves the right to decline any request for video consultation through the Platform in its absolute discretion.

   A doctor patient relationship is created once You have shared any Health Record with the Medical Practitioner and such relationship shall exist between you and such Medical Practitioner. Once the teleconsultation is over, a prescription shall be issued by the Medical Practitioner and shared with you promptly.

2. Devices: These Subscription Plans may also include provision of certain devices such as Glucometer for checking Your blood glucose levels. You may be required to monitor your blood glucose levels and upload those readings accurately on to the Platform to supplement your Health Records which will help our coaches, nutritionists and Medical Practitioners provide You with advice.

Teleconsultations

If you are using the video consultation functionality, you acknowledge and agree that:

1. You may arrange and schedule video consultations with Medical Practitioners via the Platform as part of your Subscription Plan;
2. All requests for video consultation shall be subject to the availability of slots in the consultation and upon the Medical Practitioner’s acceptance in his/her sole discretion for such slot. Each consultation accepted by a Medical Practitioner shall constitute a separate agreement between the Medical Practitioner and you, to which We are not a party to;
3. Each Medical Practitioner is responsible for his/her advice rendered to you and compliance with the requirements of his/her profession and medical license;
4. Gabit is merely a provider of the Platform, and other supporting services, and does not provide or engage in healthcare. We shall not be liable for any referrals made by a Medical Practitioner via the Platform to any third parties, including but not limited to specialists or laboratories. Gabit does not take on any duty of care to you;
5. You shall ensure that the internet connection to which your device is connected is of sufficient quality and strength to host a video consultation, otherwise video and/or audio quality may suffer and we bear no responsibility for quality of the consultation;
6. You acknowledge that there are inherent limitations to video consultations and that in respect of certain medical situations, physical consultations may be a more appropriate medium for medical evaluation, diagnosis and/or consultation and is beyond the scope of the Teleconsultation contemplated for the Services. Such medical situations include, but are not limited to: (i) situations requiring urgent care or emergency conditions (e.g. breathlessness, severe or persistent pains, cardiac arrest); or (ii) any condition requiring a diagnosis and further investigations including but not limited to laboratory tests, and imaging modalities;
7. The Services for Teleconsultation are intended to be provided to users in India and the Medical Practitioners are not qualified/licensed to consult/treat users outside India;
8. Gabit does not direct or control the Medical Practitioner generally or in the Medical Practitioner’s performance specifically, including in connection with the Medical Practitioner’s provision of advice or the Medical Practitioner’s acts or omissions;
9. Any opinions, advice or information expressed by the Medical Practitioner are those of the Medical Practitioner alone and they do not reflect the opinions of Gabit;
10. You are responsible for the correctness and accuracy of the particulars, statements and images including your symptoms, health history, photographs, laboratory test results or diagnostic images furnished/uploaded by you on the Platform to the Medical Practitioner;
11. You shall comply with any advice by any Medical Practitioner to consult a doctor or other healthcare professional in person or seek emergency or other treatment;
12. You shall (i) comply with any instructions given in relation to any prescription provided to you including, in particular, route, timing and dosages; (ii) promptly report any side effects of any prescription to a doctor; (iii) check the labels of the medication prescribed to verify the medication matches the prescription before consuming the medication delivered; (iv) protect anything prescribed to you and not permit any other person access to the prescribed medication; and (v) not use any prescription after its expiry date.
13. You shall not record in any media your interactions with the Medical Practitioners through the Platform;
14. You shall not conduct yourself in an inappropriate manner when interacting with the Medical Practitioner, or display/upload any inappropriate or medically-irrelevant images to the Platform. Any such conduct may result in the termination of your User Account and/or deletion of the images from the Platform.

LifeBits

Gabit offers its users loyalty points (“LifeBits” or “Lifebits”) for their regular and continuous use of the Gabit Platform. These loyalty points are provided for performing various actions on the Gabit Platform, and the number of LifeBits earned may vary for each action. The LifeBits are rewarded purely for the regular use of the Gabit Platform and the Gabit Platform does not permit any purchase or accrual of LifeBits in any other way. LifeBits may be redeemed by users to participate in various rewards/offers that are run by the Gabit Platform from time to time.

Participation in the LifeBits program

• Gabit awards each user with a pre-designated number of LifeBits for their regular and continuous use of the Gabit Platform.
• The LifeBits awarded to the user are at the sole discretion of Gabit.
• Gabit does not permit any user to purchase any LifeBits using real-world money.
• The LifeBits program does not include betting or wagering of real-world money.
• Participation in the LifeBits program is completely voluntary. Users may choose to not participate in the LifeBits program.
• Users must not participate in the LifeBits program if they are specifically prohibited from participating by state, municipal, or other local area body laws within such jurisdictions.

Use of LifeBits

• For purchasing products on Gabit, the user may either (i) pay the full price as listed on Gabit for such products; or (ii) avail a lower price by redeeming offers by utilising LifeBits.
• b. The number of LifeBits needed to redeem an offer on each specific product shall be decided by Gabit. Gabit, in its sole discretion, may choose to alter the number of LifeBits needed to redeem an offer on any product at any point of time.

Disclaimers

• The LifeBits are offered to the Users on an “as is” basis and without warranty or condition. The LifeBits program may not be uninterrupted or error-free. Users waive all claims against Gabit.
• Reward of LifeBits by Gabit shall be final, binding, and not subject to any dispute settlement procedures.
• Gabit reserves the right to deactivate or delete the User account, and all related information on it, and forfeit all LifeBits from any User, in the event of misuse of the program, fraud, or suspicious transaction/activity on Gabit.
• All Gabit products and services listed are subject to availability at the time of purchase

Community Guidelines

Our online community is a place where we want our members to feel welcome. You can participate in active discussions including sharing success stories to knowing more about health, food and nutrition, fitness, healthy skin and much more. We have therefore established the following guidelines (“Community Guidelines”) which we request all of you to follow. Use of our Platform and Services is subject to these Community Guidelines, Terms of Use and Privacy policy.

These Community Guidelines apply to any text, photograph, video, post, communication, music, audio/sound recording, artwork, ratings, reviews or other materials or information that you post on the Platform.

Please keep in mind that our message boards are public, and when you make something publicly available on the internet, it becomes practically impossible to take down all copies of it in the future. We are not responsible for any actions taken by third-parties with respect to such published content. If you need help removing your posts from the public sections of our Platform, please contact us at help@gabit.com.

We encourage you to interact by engaging with the community and discussing relevant topics keeping in mind the following simple rules:

1. Please be mindful when sharing any post by adhering to the following:
   1. Post only information that you are comfortable with others seeing and knowing about you.
   2. Ensure your post is original and created by you.
   3. Ensure you are currently a bona fide user of our Platform if mentioned in your post and your post reflects your true and honest opinion of and current experience with the Platform and any of our services and products.
   4. Always be courteous and use good manners at all times.
   5. Strive to be supportive and aware of other people’s feelings.
   6. Be respectful of differing opinions. Topics are often sensitive and can lead to healthy debate. Personal attacks of any nature will not be tolerated.
2. The following content is NOT acceptable:
   1. Use of any obscene language or profanity and similar photos, texts or content.
   2. Posting advertisements or promoting products and services of third parties.
   3. Posting copyrighted material, emails and other privileged information without prior written permission from the author.
   4. Posting content that infringes third party intellectual property rights.
   5. Impersonating any person or entity, or falsely state or misrepresent your relationship with a person or entity.
   6. Posting your personal contact information such as phone numbers, addresses and email addresses, or other private information such as social insurance numbers. Same applies to any other person’s information.
   7. Posts that are repetitive and/or disruptive to the community.
   8. Posts containing proprietary, confidential, sensitive or non-public information about, or related to Gabit or any other person or company.
   9. Links to videos or content not owned by Gabit.
   10. Your post is made without any prior payment or promise of payment having been made to you or the expectation by you of any payment.

Your privilege to access and use the Platform including your ability to contribute to discussions on any Gabit public message board, social media, any area, site, group, instant messaging, chat or forum (“Public Forums”) including but not limited to communicating with coaches and/or other users on Gabit depends on your compliance with the community standards and conduct guidelines set forth above. We may revoke your privileges to access and use the Platform and/or take any other appropriate measures to enforce these Community Guidelines and conduct if violations are brought to our attention. Further, if you fail to adhere to our Community Guidelines, Terms of Use and Privacy Policy, we may terminate, in our sole discretion, your use of, or participation in, any Public Forum, the Platform or any Services.

You agree and understand that you are fully responsible for any content that you post on any Public Forums and that your remarks, information, feedback or other content posted or made available on any such Public Forums, if deemed defamatory or otherwise legally actionable may lead to a claim for damages suffered by other members or third parties. As per section 79 of the Information Technology Amendment Act, 2008, Gabit 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 by You on the Platform.

Moderation and Reporting Posts

The Platform is moderated by us. However, we might or might not be able to screen community activity before it goes live and all posts to the community can show up right away. If you see a post that you feel violates our guidelines, you can help us by reporting a post right away. Our goal is to get to reports as soon as possible and we may reach out to your for more information regarding the report. We monitor site content to check for information that could be harmful. We also watch for anyone misusing or breaking the conditions outlined in the Community Guidelines. Solely at our discretion, we may edit or remove content or block members that violate the Terms and Community Guidelines.

Views expressed in this community are solely the views of the members and do not represent professional recommendations, policy or advice of Gabit.

Public Profile

In order to join a community group in Gabit or access similar services that provide Public Forums or interactions with other members, You may be required to keep your privacy settings off, which may make certain identifying information (such as profile photos, etc.) public to other users. In addition, members have the option to post photographs, messages, videos and other information on Gabit Public Forums. You are requested to provide current and accurate information. We do not and cannot review or investigate information contained in member public profiles. Accordingly, we assume that any information contained in Your public profile is current and accurate.

BETTERLIFE DOES NOT REPRESENT, WARRANT OR GUARANTEE THE ACCURACY OF PUBLIC PROFILE INFORMATION, AND HEREBY DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY INFORMATION PROVIDED BY MEMBERS BY MEANS OF PUBLIC PROFILES OR OTHERWISE IN CONNECTION WITH THEIR USE OF THE PLATFORM OR SERVICES.

Anti-Harassment Policy

At Gabit, we are committed to providing an inclusive, safe and respectful digital environment for all users. We take all online harassment incidents very seriously and are committed to promoting online safety and welfare. Any member of the community who feels that they have been the subject of harassment on our Platform so that they can access appropriate support and ensure that all reports are addressed seriously and fairly.

We do not tolerate any form of harassment which leads to creating an intimidating, hostile, degrading, humiliating or offensive environment for any individual or group and such harassment includes, but is not limited to the following examples:

1. Any form of cyberbullying which includes any threats to harm physically, emotionally or otherwise; to intimidate or spread rumours or troll individuals and groups by making deliberately offensive, inflammatory or provocative comments online; encouraging a person, minor or group to self-harm.
2. Any form of cyber stalking to stalk or harass an individual, a group, or an organization.
3. Dissemination of an individual’s personal information, any form of sexual remarks; hate incident about a person or group’s religion, race, sexual orientation, transgender identity and / or disability.
4. Denigration of an individual or group of individuals so as to belittle or disparage them or targeting anyone maliciously based on their status as a victim of sexual assault/sexual exploitation/ victim of any tragedy.
5. Any form of communication, post or otherwise which is non-consensual including taking intimate or sexual images; the non-consensual sharing or posting intimate or sexual images and / or threats made to share intimate or sexual images.
6. Digital attacks by using fake identity to gain unauthorized access to personal computer information through legitimate access identification.
7. Purposely preventing an individual or group from taking part in any activity.

We take all reports of harassment seriously and investigate them promptly. Any user found to be in violation of this policy will be banned immediately from the Gabit community, and their Gabit account will be terminated. We also reserve our right to report any such harassment or any acts perceived to be a crime to local law enforcement authorities.

Reporting Harassment

If you experience or witness any form of harassment on our Platform or at any Gabit event, classes or activities, please report it immediately by using the report feature on the platform or by dropping us a mail at help@gabit.com. We will take appropriate action to address the situation promptly.

Thank you for helping us to create a safe and respectful community for all Gabit users.

Changes to these Terms

As we add new features and functionality to the Platform, we may need to update or revise these Terms. We therefore reserve the right to update or revise these Terms, at any time and without prior notice, by posting the revised version on the Platform. These changes will be effective as of the date we post the revised version on the Platform.

Your use of the Platform following any such change constitutes Your consent to the terms of the revised Terms. For this reason, it is important to review these Terms regularly.

You may access the current version of these Terms at any time on our Website or App homepage.

Your Feedback and Submissions

We welcome Your comments, feedback, suggestions, submissions, posts, ideas and other communications regarding the Platform and the information and services we make available through the Platform (collectively, “Feedback”). The Feedback You provide to us through the Platform will be and remain our exclusive property. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title and interests in Your Feedback, including all copyrights and other intellectual property rights in Your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback You submit for any purpose whatsoever, without restriction and without compensating You in any way. For this reason, we ask that You not send us any Feedback that You do not wish to assign to us.

Chat Support

The Chat Support has been provided to help You with any and all Platform related queries. You shall not use abusive and derogatory language and/or post any objectionable information that is unlawful, threatening, defamatory, or obscene while using the chat functionality. In the event You use abusive language and/or post objectionable information, we reserve the right to suspend the chat support service and/or block Your access and usage of the Platform, at any time with or without any notice. Gabit or its executives are not responsible for any delay caused in attending to or replying to the queries via chat. We may store any communications with You for future reference and You may not have the right to access such information at any future date.

Termination

We may terminate Your access or use of the Platform at any time if:

• You have violated these Terms in any way whatsoever; or
• We determine in our sole discretion that You have used the Platform in a prohibited manner or otherwise do not comply with any of the provisions of these Terms; or
• You have violated any applicable law or if any governmental or regulatory authority requires us to do so; or
• You have defaulted in performance of Your obligations towards the other contracting party who has contracted with You for sale, purchase or supply of any product or services; or
• You have used the Platform in violation of the applicable laws; or
• Information provided by You on the App is found to be incorrect, untrue, misleading etc.; or
• You have violated any of our guidelines or policies; or
• On receipt of regular complaints or adverse feedback against You. We reserve the right to determine what shall constitute regular complaints or adverse feedback; or
• You are found to be involved in activities that may have adverse impact on the reputation of Gabit or that may put us in a bad light.

Force Majeure

Gabit shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Gabit, including without limitation, any failure to perform hereunder due to unforeseen circumstances, such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, earthquakes, tornados, hurricanes, pandemics, accidents, strikes, internet interruption, denial of service attack, hacking or shortages of transportation facilities, fuel, energy, labor or materials.

Modification and discontinuation

We reserve the right to discontinue or modify this App at any time without prior notice.

Linking

You may link our Website, provided You do so in a way that is legal and fair. You acknowledge and agree that You will not link the Website, App, Services to any site containing any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information or that violates any intellectual property, proprietary, privacy, or publicity rights, but You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by You. Our Website, App or Services must not be framed on any other site, nor may You create a link to any part of our site other than the home page of our Website.

Any violation of this provision may, in our sole discretion, result in termination of Your use of and access to the Platform and Services effective immediately.

These linked sites are under no way in control of Gabit and we shall not be held responsible for the contents of any linked sites, including without limitation to any link contained in the linked site or any changes or updates to linked site. We shall not be held responsible for any transmission whatsoever received by You from any linked site. The Website/ App provides links to You only as a convenience and the inclusion of any link does not imply endorsement by us or any association with its operators or owners. You are requested to verify the accuracy of all information on Your own before relying on such information.

Waiver

Our failure at any time to require performance of any provision of these Terms or to exercise any right provided for herein or under law shall not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by any of us of any breach of any provision of these Terms or of any right provided for herein shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms.

Severability

If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms shall remain in full force and effect.

Governing law and Dispute Resolution

This Agreement shall be governed and construed in accordance with the laws of India. Any dispute or claim arising out of, or relating to, either party’s performance under this Agreement or the interpretation, validity, or enforceability of this Agreement, shall, at the first instance, upon the written request of either party to the other party, be attempted to be resolved amicably through mutual negotiation. In this regard, both parties shall nominate a suitably authorized and competent person/persons for participating in this process and Parties shall meet in good faith and attempt to resolve such claims or issues. In case the parties fail to arrive at an amicable settlement within a period of 30 (Thirty) days from the date of receipt by a party of the written request by the other party seeking initiation of settlement talks in terms of sub clause (b) above, any and all outstanding issues/disputes/claims shall be referred to Arbitration before a Sole Arbitrator in terms of the provisions set out below. At the instance of either party to the other in writing, both parties shall mutually agree upon and jointly appoint a sole arbitrator. In case the Parties fail to reach a consensus on the choice of arbitrator within 30 days from the date of receipt of a written request in this regard, the Sole Arbitrator shall be appointed by the Court of competent jurisdiction at the instance of either party. It is clarified that in this case, the Court of competent jurisdiction will be the Delhi High Court. The seat of arbitration shall be New Delhi and the Courts at Delhi shall have exclusive supervisory jurisdiction. Additionally, the venue of Arbitration shall also be at New Delhi. The Arbitration proceeding shall be in English and governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The costs of arbitration procedure shall be borne equally by the parties. The parties hereto shall submit to the Arbitrator’s award and the award shall be enforceable in any competent court of law. It is clarified, for good measure, that the courts at New Delhi shall exercise sole and exclusive supervisory jurisdiction over any dispute arising in respect of this Agreement

Entire agreement

These Terms, as supplemented or amended by any applicable Privacy Notices, contain the entire understanding and agreement between You and us with respect to this App and supersede all previous communications, negotiations and agreements, whether oral, written, or electronic between You and us with respect thereto.

Questions about these Terms

If You have any questions regarding these Terms, please

Write to us at: care@gabit.com

Grievance Office

Please find below the details of the grievance officer:

Name: Shaurya Joshi
Designation: Grievance officer
Email: shaurya.joshi@gabit.com
Address: 18th floor, Building No. 5, Tower A, DLF Cyber City, DLF Phase 3, Gurgaon HR - 122002, India
Time: 10:00 AM to 5:00 PM