TERMS OF USE

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of a computer resource.

THESE TERMS OF USE (THE "TERMS OF USE") ARE ISSUED BY HELTHOFIT PRIVATE LIMITED AND ITS DIRECTLY AND INDIRECTLY HELD COMPANIES (HEREINAFTER, “PAYBYCAL”). THEY APPLY TO ALL WEBSITES, BLOGGING SITES, MOBILE APPLICATIONS AND OTHER ONLINE DIALOGUE PLATFORMS OWNED OR MANAGED BY OR ON BEHALF OF PAYBYCAL UNDER THE URL WWW.PAYBYCAL.COM

By accessing the Paybycal Website/Mobile Application and any page thereof, you agree to be bound by these terms of use and to comply with any applicable laws and regulations. If you do not agree to these Terms of Use, do not proceed to further pages of the Paybycal.

Paybycal reserves the right to vary or amend these Terms of Use at any time and Paybycal is under no obligation to inform you about such variations or amendments. The most recent version of the Terms of Use will govern the services on Paybycal Website/Mobile Application and will always be available on the Paybycal Website/Mobile Application. By continuing to access or use this Paybycal Website/Mobile Application after any changes become effective, you agree to be bound by the revised Terms of Use. Please visit these Terms of Use on a regular basis to ensure that you have read the latest version. These Terms of Use were updated the last time on the date indicated at the end of the Terms of Use.

The headings used for each of the paragraphs of these Terms of Use do not affect its interpretation. For the purpose of these Terms of Use, “Content” means any text, written work, software, database, format, graphic, image, photo, video clip, podcast, listing or any other information or material which appears on or forms part of a Paybycal Website/Mobile Application.

Company Information and Mobile application Operation

Paybycal is established with the intent of providing reward system for completing set target according to fitness goal set by user itself along with an e-commerce. The user can create his profile by adding his details and choosing his preferences, with the help of applications algorithm it provides a set target to achieve his fitness goals. There are various tools to track, log with exercises and nutrition. Users get rewarded with silver calcoin (virtual coin, 1 calcoin is equivalent to 1INR) and these coins can be redeemed in discounts while purchasing products from store or purchasing plans from the experts only on Paybycal App.
 

CALCOIN TERMS AND CONDITIONS

1. You may avail the services of the Calcoin upon successful registration and creation of an Account on the Paybycal App or Website. You are bound by these terms and conditions of the Calcoin System.

2. By signing up, you agree that you have read and understood the Terms and Conditions that govern the Calcoin System, and give consent to the Company to contact you for events, promotions, product information and discount. This will override the registry on NDNC/DND.

3. Users can benefit from the Calcoin System by availing the services on the Paybycal App or Website.

4. The Calcoin System is open to users of Paybycal worldwide above 18 years of age only.

5. Calcoin System is for individuals only - it is not open to corporates or companies.

6. Enrolment must be in the applicant's full name and mobile number is mandatory. Only one enrollment per individual will be acknowledged.

7. Calcoin balance is not transferable. The person named database must be present at the time of purchase to be eligible for Calcoin available as per the System.

8. Misuse of Calcoin or other System benefits may result in termination of membership or withdrawal of benefits at the sole discretion of Company

9. No accumulation or redemption of Calcoin will be permissible if, on relevant date, the Paybycal Account has been deleted or is liable to be deleted or if the account of the User is a defaulted account or if there is any breach of any clause of these Terms and Conditions.

10. Company reserves the right to refuse Calcoin System to an applicant without assigning any reason whatsoever.

11. Company may suspend or terminate the Refer and Earn program or any user's ability to participate in the program at any time for any reason at their sole discretion.

12. Usage conditions of Calcoin may change at the discretion of Company, at any point in time.

13. The Company reserves the right to amend these terms and conditions at any time without any prior notice. Modifications of these terms will be effective from the time they are updated in the Terms and Conditions section.

14. A product purchased by redemption of Calcoin from Paybycal Store is governed by and subject to the applicable Seller policies, including applicable exchange and shipping policies. You agree that we are not agents of any Seller and that the Sellers operate independently and are not under our control. Accordingly, your participation in offers or promotions of, or correspondence with, any Seller is solely between you and that Seller. We do not assume any liability, obligation or responsibility for any part of such correspondence, offer or promotion, including, without limitation, the withdrawal or modification of any such offer or promotion. Company is not responsible for changes to, or discontinuance of, any Seller, or Seller withdrawal from the Program, or for any effect on accrual of Calcoin caused by such changes, discontinuance or withdrawal
 

Earning Calcoin

1. A user can earn Silver Calcoin by-

a. completing 8000 Steps on Paybycal.

b. completing Calorie Intake Target on Paybycal.

c. completing Calorie Burn Target on Paybycal.

d. Body Weight update on Paybycal.

e. referring and registering new users on Paybycal.

f. leaving a review of the Paybycal Mobile Application on Google Play Store or Apple App Store.

2. Gold Calcoin can be purchased by users in Paybycal App only. (1 gold calcoin is equivalent to 1INR)

3. Silver Calcoin are rewards awarded to users of the app which can be redeemed for product discounts listed on Paybycal Store.

4. Cashback are rewarded in Gold Calcoin on adding Money to wallet and completing purchases through wallet on Paybycal App.

5. The receipt of Calcoin or it’s redemption by the end user should not be linked to money paid for the purchase of services on the Platform. The Company hereby clarifies that Calcoin are being granted by us at our discretion only.

6. By referring Paybycal to your friends, both user and users’ friend will receive 500 Silver Calcoin each upon successful registration by users’ friend on Paybycal. Users’ friend must not have installed the Paybycal app on any of their devices before. The Email ID and/or phone number through which the friend signs up with Paybycal app, must not have been used for signing up with Paybycal earlier. The mobile number provided by the friend to receive the OTP must not have been used to sign up earlier. The device on which the user’s friend downloads the Paybycal app should not be rooted or jail-broken. Paybycal app should not be installed using App runtime for Chrome, emulators or simulators.

7. If your friends use someone else's referral link, the person whose link was used first to download the Paybycal App would get benefits, even though you had referred them first. The first link used to install the app by your friend would be considered for the referral Calcion. The Company reserves all rights to change the amounts conferred under the Refer and Earn program at any point in time.

8. Calcoin cannot be transferred to your bank account. Additionally, Calcoin across multiple accounts cannot be combined into a single account. Calcoin cannot be exchanged for cash.

9. Users can refer to any number of people.

10. Calcoin earned by a user will be credited to his/her account within the next 24 hours.

11. On redemption, the Calcoin so redeemed would be automatically subtracted from the accumulated Calcoin in your Paybycal wallet.

12. Calcoin can only be earned through the use of Paybycal App or Website.

13. No two offers or discounts available can be clubbed together unless specified otherwise.

14. Your unique referral links/code should only be used for personal and non-commercial purposes. You cannot distribute/publish your unique referral link/code where there is no reasonable basis for believing that most of the recipients are personal friends (such as coupon websites, forums, Wikipedia etc.).

15. Calcoin earned as a result of fraudulent activities will be revoked and deemed invalid.

16. In case the Calcoin are not credited to your account, please write to support@paybycal.com

Paybycal Store Terms

1. All Products listed for sale at the Paybycal Store are subject to availability and supplier restrictions at the time of purchase. The Products listed in the Paybycal Store are subject to change without any prior notice.

2. Products listed on Paybycal Store are meant for end-consumers only (and not resale). We may refuse to service your order if we suspect that you are buying Products for resale.

3. Company may cancel or refuse your order, or limit the quantity of Products stated in your order, at its sole discretion. Company may also require further information from you before confirming or processing your order.

4. The price of Products is displayed in Indian Rupees. It may exclude delivery charges, postage and handling charges, conveyance charges, and/or applicable taxes. However, the total price of Products (including voluntary and involuntary charges) will be shown to you and your consent will be taken before confirming any order.

5. We endeavour to deliver purchased Products to you as soon as possible, as per the indicative delivery schedule shown on our Mobile Application/Website. However, the actual delivery times may vary, and depend on many factors beyond our control (like area/PIN code of delivery, processing of shipments by our logistics vendors, availability of transport services, or any other factors not within our control). We assume no liability if Products are delivered after the indicative delivery schedule.

6. Title in Products bought from the Paybycal Store will pass to you upon delivery of the Products to our transport carrier. However, the risk of loss or damage to Products will pass to you upon delivery of the Products at your submitted address.

7. Company does not accept liability for damage to persons or property whatsoever caused in relation to Products bought by Paybycal Users through Paybycal Store.

8. Company will not be liable or responsible for the Products offered through the Paybycal Store and Company gives no warranty (whether express or implied) or representation either express or implied with respect to type, quality or fitness of goods acquired or their suitability for any purpose, whatsoever.

9. If a Product delivered to you has obvious damage upon receipt, or is not the Product you ordered, you can request an exchange/replacement from Company, as long as you make your request within 7 working days of the date of receipt of the Product. We may contact you to confirm Product damage or to identify the product delivered to you, before confirming exchange/replacement. Please ensure that you retain products in condition The product packaging, price tags, supporting accessories and information booklets/brochure to allow us to process an exchange/replacement.

10. You are responsible to determine if the Product you purchase is compatible with other equipment (if such other equipment is required). You acknowledge that an absence of compatibility is not a defect in the Product permitting you to exchange/return it.

11. Any images displayed on the Paybycal Store for Products are for illustrative purposes only. Characteristics of actual Products may vary.

You may be required to purchase or pay a fee to access some of our services. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Website/Mobile Application. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We bill you through an online billing account for purchases made via the Website/Mobile Application. GST will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in Indian National Rupees.

You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase.

We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Website/Mobile Application. We use advanced encryption technology, consistent with industry practice, to protect your payment information. All payments on the Platform are processed through secure and trusted payment gateways, managed by leading banks or service providers. We understand that banks use the 3D secure password service for online transactions, adding another security layer.

Any accepted refunds/chargebacks will be routed back to the payer in his wallet on Paybycal.

Services and Solutions

Paybycal makes no guarantee, representation or warranty that all activities described on Paybycal Website/Mobile Application are appropriate or suitable to your health. Therefore, please read carefully the description on the Paybycal Site and mobile application or request further information about the relevant activity.

In consideration of being allowed to participate in the activities and structured diet programs provided in articles offered by Paybycal, and to use its structured diet programs and training schedule, you do hereby waive, release and forever discharge and hold harmless Paybycal and its consultants, officers, agents, and employees from any and all responsibility, liability, cost and expenses, including injuries or damages, resulting from my participation in any activities, or use of any structured diet programs designed by Paybycal. You do also hereby release Paybycal its consultants, officers, agents and employees from any responsibility or liability for any injury, damage or disorder (physical, metabolic, or otherwise) or in any way arising out of or connected with my participation in any activities with Paybycal.

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

And you also agree that if you are suffering from any ailment or any medical condition you have to inform and produce relevant documents to Paybycal prior to using the application yourself. You do hereby acknowledge that Paybycal has recommended you to obtain a physician’s approval for your participation in an exercise/fitness activity or in the use of exercise equipment and machinery. You also acknowledge that Paybycal has recommended that you have a yearly or more frequent physical examination and consultation with your physician as to physical activity, exercise and use of exercise and training equipment so that you might have his/her recommendations concerning these fitness activities and use of equipment. You acknowledge that you have either had a physical examination and been given your physician’s permission to participate, or that you have decided to participate in activity and use of equipment, machinery, and programs provided in articles by Paybycal without the approval of your physician and do hereby assume all responsibility for your participation and activities, and utilization of equipment and machinery in your activities.

Paybycal diet/training articles are not meant to treat or manage any health condition. Always consult with your healthcare provider prior to adjusting your current style of eating or beginning any new diet and/or training plan. You understand that you are agreeing to the terms of the Company i.e., Paybycal having known that beforehand and understand that not following the instructions and structured diet programs given in Paybycal articles or made by yourself or your coach and nutritionist entirely and regularly given will not produce 100% result.

User Registration

User may be required to register with the Website/Mobile Application. User agrees to keep his password confidential and will be responsible for all use of his account and password. Paybycal reserve the right to remove, reclaim, or change a username that would be selected by user if Paybycal determine, in its sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

Conduct of User

1. User may post their reviews, ratings or comments and submit suggestions, ideas, questions, or other information, so long as the Contents are not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and do not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam". User shall not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the Contents. However, user acknowledge that Paybycal does not pre-screen the Content, but that Paybycal and its designees shall have the right (but not the obligation) in their sole discretion to accept, refuse, move, or remove any Contents that are available via the website or social media platform.

2. User understands that all Contents, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that the user, and not Paybycal, is entirely responsible for all Content that the user has provided Paybycal with in order to upload, post, transmit or otherwise make available via the website or social media platform.

3. User expressly agree not to use the Website/Mobile Application to: (i) harm any user in any manner either directly or indirectly; (ii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Contents transmitted through the website; (iii) act in a manner that negatively affects other user's ability to engage in real time exchanges or "stalk" or in any other manner harass another user; (iv) interfere with or disrupt the website or servers or networks connected to the website, or disobey any requirements, procedures, policies or regulations of networks connected to the website; (v) upload or transmit any material that is deemed derogatory with respect to the name, services or Contents relating to or provided by Paybycal; (vi) intentionally or unintentionally violate any applicable local, state, national or international laws;

4. By using the Website/Mobile Application, user represent and warrant that: (i) All registration information that user submit will be true, accurate, current, and complete; (ii) User will maintain the accuracy of such information and promptly update such registration information as necessary; (iii) User have the legal capacity and user agree to comply with these Terms and Conditions; (iv) User is not a minor in the jurisdiction in which he resides; (v) User will not access the Website/Mobile Application through automated or non-human means, whether through a bot, script or otherwise;

5. If user provide any information that is untrue, inaccurate, not current, or incomplete, Paybycal has the right to suspend or terminate user account and refuse any and all current or future use of the Website/Mobile Application (or any portion thereof).

Eligibility

You must be at least 18 to enrol with an Expert on the Platform. If you are below the ages of 18 (“Minor”), you may use our Services only with the supervision and consent of a parent or guardian. No individual under these age limits may use our Services, provide any Personal Data to Paybycal or otherwise submit Personal Data through the Services (e.g., a name, address, telephone number, or email address). As a minor if You wish to use Our Products or Services, such use shall be made available to You by Your legal guardian or parents, who has agreed to these Terms. In the event a minor utilizes the Application/Website/Services, it is assumed that he/she has obtained the consent of the legal guardian or parents and such use is made available by the legal guardian or parents. The Company will not be responsible for any consequence that arises as a result of misuse of any kind of Our Website or any of Our Products or Services that may occur by virtue of any person including a minor registering for the Services/Products provided. By using the Products or Services You warrant that all the data provided by You is accurate and complete and that the Minor using the Website has obtained the consent of parent/legal guardian (in case of minors). The Company reserves the right to terminate Your account and / or refuse to provide You with access to the Products or Services if it is discovered that You are under the age of 18 (eighteen) years and the consent to use the Products or Services is not made by Your parent/legal guardian or any information provided by You is inaccurate. You acknowledge that the Company does not have the responsibility to ensure that You conform to the aforesaid eligibility criteria. It shall be Your sole responsibility to ensure that You meet the required qualification. Any persons under the age of 18 (eighteen) should seek the consent of their parents/legal guardians before providing any Information about themselves or their parents and other family members on the Website.

Third Party Statements and Quotes

The Website/Mobile Application may include statements and quotes of third parties, including service providers, relating to Paybycal and its business operations. Such statements and quotes are generally labeled as information provided by third parties. Paybycal does not and is under no obligation to verify the content of third-party statements or quotes on the website/mobile application. The liability of Paybycal for the accuracy or completeness of such third-party statements and quotes shall be excluded to the extent permitted by applicable law, rules and regulations.

Prohibited Activities

User should not access or use the Website/Mobile Application for any purpose other than that for which Paybycal make the Website/Mobile Application available. The Website/Mobile Application may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Paybycal.

As a user of the Website/Mobile Application, you agree not to:

1. Retrieve data or other content from the Website/Mobile Application to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from Paybycal.

2. Make any unauthorized use of the Website/Mobile Application, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

3. Use a buying agent or purchasing agent to make purchases on the Website/Mobile Application.

4. Use the Website/Mobile Application to advertise or offer to sell goods and services.

5. Circumvent, disable, or otherwise interfere with security-related features of the Website/Mobile Application, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Website/Mobile Application and/or the Content contained therein.

6. Engage in unauthorized framing of or linking to the Website/Mobile Application.

7. Trick, defraud, or mislead Paybycal and other users, especially in any attempt to learn sensitive account information such as user passwords.

8. Make improper use of Paybycal support services or submit false reports of abuse or misconduct.

9. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

10. Interfere with, disrupt, or create an undue burden on the Website/Mobile Application or the networks or services connected to the Website/Mobile Application.

11. Sell or otherwise transfer your profile.

12. Use any information obtained from the Website/Mobile Application in order to harass, abuse, or harm another person.

13. Use the Website/Mobile Application as part of any effort to compete with Paybycal or otherwise use the Website/Mobile Application and/or the Content for any revenue-generating endeavor or commercial enterprise.

14. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website/Mobile Application.

15. Attempt to bypass any measures of the Website/Mobile Application designed to prevent or restrict access to the Website/Mobile Application, or any portion of the Website/Mobile Application.

16. Harass, annoy, intimidate, or threaten any of Paybycal employees or agents engaged in providing any portion of the Website/Mobile Application to you.

17. Delete the copyright or other proprietary rights notice from any Content.

18. Copy or adapt the Website/Mobile Application’s software, including but not limited to Flash, PHP, HTML, JavaScript, Angular or any other code.

19. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Website/Mobile Application or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Website/Mobile Application.

20. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).

21. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Website/Mobile Application, or using or launching any unauthorized script or other software.

22. Disparage, tarnish, or otherwise harm, in the opinion of the Website/Mobile Application.

23. Use the Website/Mobile Application in a manner inconsistent with any applicable laws or regulations.
 

Limitation of Liability

In consideration of being allowed to participate in the activities and structured diet programs offered on articles by Paybycal, and to use its structured diet programs and training schedule, you or any third party do hereby waive, release and forever discharge and hold harmless Paybycal. and its directors, consultants, officers, agents, and employees from any and all responsibility, liability, cost and expenses, including injuries or any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages, resulting from your participation in any activities, or your use of any structured diet programs offered on articles provided by Paybycal. You do also hereby release Paybycal its directors, consultants, officers, agents and employees from any responsibility or liability for any injury, damage or disorder (physical, metabolic, or otherwise) to yourself, or in any way arising out of or connected with your participation in any activities with Paybycal.

You understand and you are aware that strength, flexibility, and aerobic exercise, including the use of equipment are a potentially hazardous activity. You also understand that fitness activities involve a risk of injury and even death, and that you are voluntarily participating in these activities and using equipment and machinery with knowledge of the risk involved. You hereby agree to expressly assume and accept any and all risks of injury or death related to said fitness activities. In addition, you certify that you are not minor, that is to say, you are 18 years of age or older. You do hereby further declare yourself to be physically sound and suffering from no condition, impairment, disease, infirmity or other illness that would affect nutrient metabolism or prevent your participation or use of equipment or machinery except as hereinafter stated.

And You also agree that if you are suffering from any ailment or any medical condition you have to inform and produce relevant documents to Paybycal prior to signing of any document or agreement. You do hereby acknowledge that Paybycal has recommended you to obtain a physician’s approval for your participation in an exercise/fitness activity or in the use of exercise equipment and machinery. You also acknowledge that Paybycal has recommended that you have a yearly or more frequent physical examination and consultation with your physician as to physical activity, exercise and use of exercise and training equipment so that you might have his/her recommendations concerning these fitness activities and use of equipment. You acknowledge that you have either had a physical examination and been given your physician’s permission to participate, or that you have decided to participate in activity and use of equipment, machinery, and programs provided in Paybycal articles without the approval of your physician and do hereby assume all responsibility for your participation and activities, and utilization of equipment and machinery in your activities

Paybycal diet/training programs are not meant to treat or manage any health condition. Always consult with your healthcare provider prior to adjusting your current style of eating or beginning any new diet and/or training plan. You understand that you are agreeing to the terms of the Company i.e., HELTHOFIT PVT LTD, having known that beforehand and understand that not following the instructions and structured diet programs in the articles provided entirely and regularly given by Paybycal will not produce 100% result.

IN NO EVENT WILL PAYBYCAL OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE WEBSITE/MOBILE APPLICATION, EVEN IF PAYBYCAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Limitation of Warranties

Content contained on the Website/Mobile Application is provided “as is” and “as available”. Paybycal and third-party Content providers give no guarantee, representation, warranty or condition, express or implied, statutory or otherwise, as to condition, satisfactory quality, performance, fitness for purpose, non-infringement, merchantability or otherwise in respect of Paybycal Website/Mobile Application or their Content. Without limiting the foregoing, Paybycal and third-party Content providers do not guarantee, represent or warrant the accuracy, timeliness, completeness, reliability or availability of the Website/Mobile Application or the information or results obtained from them (whether based on manual access, subscriptions, or otherwise), or that the Website/Mobile Application or downloads (e.g., PDF, pictures, podcasts, videos) from the Website/Mobile Application are virus-free or error-free. All such guarantees, representations, warranties and conditions are excluded, except to the extent that their exclusion is not permitted by applicable laws, rules and regulations.

Paybycal and other Service Providers (without limiting the foregoing) disclaim all guarantees, representations, warranties and conditions with respect to the operation of the Platform and related App for Paybycal, express or implied, including, but not limited to, the implied guarantees, representations, warranties or conditions of merchantability, fitness for particular purpose and the non-infringement. Paybycal and the Service Provider disclaim all guarantees, representations, warranties or conditions that the Platform and related App are not interrupted or error free.

Contributions to PAYBYCAL

You may provide Content to the Website/Mobile Application by using relevant functionalities on Paybycal, by logging-in, blogs, message boards, online forums, by e-mail or otherwise ("Contributions"). Furthermore, Paybycal may invite users to provide Contributions in own- or third-party surveys or polls and on a particular issue raised. If you provide Contributions to Paybycal, Paybycal is entitled, but not in any way obliged, to use and make available all or parts of your unmodified or modified Contributions on the Website/Mobile Application. Paybycal will not mention your name or contact details, unless you have agreed and you have logged in with an identified account. If you provide Contributions to Paybycal, you grant Paybycal all necessary rights, if any, or license to use, reproduce, distribute, modify, and publicly display your Contributions on the Website/Mobile Application for an unlimited period of time.

By submitting a Contribution, you guarantee, represent and warrant that the Contribution complies with applicable laws, rules and regulations and in particular:

• Is legal, decent and truthful and not defamatory, unreliable, misleading or otherwise objectionable;
• That you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize Paybycal to exploit, such Contribution in all manners contemplated by these Terms of Use;
• Does not harm others, in particular minors, or infringe their personal rights.
• Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
• Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
• Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
• Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
• Your Contributions do not violate any Central or State law concerning child pornography, or otherwise intended to protect the health or well-being of minors.

Users must not provide Contributions which:

• Contain a virus, so-called Trojan Horse, or any other program that could damage data;
• Amount to advertising material or unsolicited (so-called "spam") material;
• Contain inaccurate warnings of viruses, defects or similar material;
• Solicit or requests participation in any lottery, snowball system, chain letter, pyramid game or similar activity.

You hereby agree to indemnify, defend, and hold Paybycal harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by Paybycal in connection with any claim arising out of any breach by you of these Terms of Use or claims arising from your use of the Website/Mobile Application. You shall use your best efforts to cooperate with Paybycal in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Paybycal may deny you access to the Website/Mobile Application at any time, in particular if you breach any of the above provisions.

Intellectual Property Rights

You may not allocate, distribute, or reproduce in any way any copyrighted material, Designs, trademarks or other Intellectual proprietary Information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Paybycal Website/Mobile Application to terminate user privileges who once infringes the copyright rights of others upon receipt of prompt notification to the Website/Mobile Application by the copyright owner or the copyright owner's legal agent/Advisor. Without limiting the foregoing, if you believe that your work has been copied and posted on the Paybycal services in a way that constitutes copyright infringement, please provide us with the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. a description of the copyrighted work that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the website;
4. your address, telephone number, and email address;
5. a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Association / Links to Third Party

Paybycal Website/Mobile Application may contain links to third party websites "Linked Sites" ("Affiliates" / "Third Party Websites"). These Linked Sites are not under the control of www.helthofit.com and the Website/Mobile Application is not responsible for the products of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked website. Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Website/Mobile Application or any Third-Party Content posted on, available through, or installed from the Website/Mobile Application, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Paybycal Website/Mobile Application is not responsible for web casting or any other form of transmission received from any Linked website nor is responsible if the Linked Site is not working appropriately. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by Paybycal. If you decide to leave the Website/Mobile Application and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms and Conditions no longer govern. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

Mobile Application License

Use License

If you access Paybycal via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms and Conditions.
You shall not: 1. decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application;
2. make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application;
3. violate any applicable laws, rules, or regulations in connection with your access or use of the application;
4. remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application;
5. use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
6. make the application available over a network or other environmental permitting access or use by multiple devices or users at the same time;
7. use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application;
8. use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or
9. use any proprietary information or any of Paybycal interfaces or other intellectual property of Paybycal in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (“App Distributor”) to access the Website/Mobile Application:

1. the license granted to you for Paybycal mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service;
2. Paybycal is responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this agreement.
3. Application license contained in these Terms and Conditions or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application;
4. In the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application;
5. You represent and warrant that: (a) you are not located in a country that is subject to an Indian government embargo, or that has been designated by the Indian government as a “terrorist supporting” country and (b) you are not listed on any Indian government list of prohibited or restricted parties;
6. You must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and
7. You acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms and Conditions, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms and Conditions against you as a third-party beneficiary thereof.

Website / Mobile Application Management

Paybycal reserves the right, but not the obligation, to:

1. monitor the Website/Mobile Application for violations of these Terms and Conditions;
2. take appropriate legal action against anyone who, in the sole discretion of Paybycal, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities;
3. Paybycal, in its sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
4. Paybycal, in its sole discretion and without limitation, notice, or liability, to remove from the Website/Mobile Application or otherwise disable all files and content that are excessive in size or are in any way burdensome to systems of Paybycal; and
5. otherwise manage the Website/Mobile Application in a manner designed to protect rights and property of Paybycal and to facilitate the proper functioning of the Website/Mobile Application.

Guidelines for Reviews

Paybycal may provide you areas on the Website/Mobile Application to leave reviews or ratings. When posting a review, you must comply with the following criteria:

1. you should have firsthand experience with the person/entity being reviewed;
2. your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language;
3. your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
4. your reviews should not contain references to illegal activity;
5. you should not be affiliated with competitors if posting negative reviews;
6. you should not make any conclusions as to the legality of conduct;
7. you may not post any false or misleading statements; and
8. you may not organize a campaign encouraging others to post reviews, whether positive or negative.

Paybycal may accept, reject, or remove reviews in its sole discretion. Paybycal have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by Paybycal, and do not necessarily represent its opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to Paybycal a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sub licensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

Privacy

You should carefully read our full Privacy Policy before deciding to become a User as it is hereby incorporated into this Agreement by reference and governs our treatment of any information, including personally identifiable information you submit to Paybycal. Please note that certain information, statements, data, and content (such as photographs) which you may submit to the Website/Mobile Application, or groups, or are likely to, reveal your gender, ethnic origin, nationality, age, and/or other personal information about you. You acknowledge that your submission of any information, statements, data, and content to us is voluntary on your part.

Disclaimer

DO NOT RELY ON PAYBYCAL WEBSITE/MOBILE APPLICATION, ANY INFORMATION THEREIN, OR ITS CONTINUATION. PAYBYCAL PROVIDE THE PLATFORM AND INFORMATION ABOUT ITS SERVICES WHICH ARE ON “AS IS” AND “AS AVAILABLE” BASIS. WEBSITE/MOBILE APPLICATION DOES NOT CONTROL OR VET USER GENERATED CONTENT FOR ACCURACY. PAYBYCAL DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, HELTHOFIT DISCLAIMS ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NON-INFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY THE WEBSITE OR ANYTHING RELATED TO THE WEBSITE, YOU MAY CLOSE YOUR ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH “TERMINATION” CLAUSE OF THIS AGREEMENT AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.

PAYBYCAL IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGE (SUCH AS INMAILS, POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH THE WEBSITE TO ANYONE. IN ADDITION, PAYBYCAL NEITHER WARRANT NOR REPRESENT USE OF USER FOR THE SERVICES AND WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO HELTHOFIT.

THE WEBSITE DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, ALTFIT DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.

THE WEBSITE DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. PAYBYCAL DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, IT DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE WEBSITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.

Termination

This Agreement shall remain in full force and effect while you use the Website/Mobile Application. However, the Website/Mobile Application reserves the right to terminate access to certain areas or features of the Website/Mobile Application at any time for any reason, with or without notice. 

Paybycal also reserves the universal right to deny access to particular users to any/all of its services/activities/training program/content without any prior notice/explanation in order to protect the interests of the website and/or other visitors to the Website/Mobile Application. Paybycal reserves the right to limit, deny or create different access to the Website/Mobile Application and its features with respect to different user(s), or to change any of the features or introduce new features without prior notice. The website withholds the right to temporary or permanent termination of any user for any of the following reasons:

(a)  If it concludes that the user(s) have provided any false information in connection with the member account to the website, or are engaged in fraudulent or illegal activities. 
(b) The user(s) breach any provisions of the terms and conditions of use agreement and/or Agreement of website.
 (c) Utilize the Website/Mobile Application to send spam messages or repeatedly publish the same product or service information.
 (d) Post any material to members that are not related to international trade or business cooperation.
(e) Impersonate or unlawfully use other companies name to post information or conduct business of any form.
(f) Any unauthorized access, use, modification, or control of the website data base, network or related services

Indemnification

You agree to defend, indemnify, and hold Paybycal harmless, including its subsidiaries, affiliates, and all of Paybycal respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
1.    your Contributions;
2.    use of the Website/Mobile Application;
3.    breach of these Terms and Conditions;
4.    any breach of your representations and warranties set forth in these Terms and Conditions; 
5.    your violation of the rights of a third party, including but not limited to intellectual property rights; or
6.    any overt harmful act toward any other user of the Website/Mobile Application with whom you connected via the Website/Mobile Application. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Paybycal, and you agree to cooperate, at your expense, with Paybycal defense of such claims. Paybycal will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
 

Electronic Communications, Transactions, And Signatures

Visiting the Website/Mobile Application, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Website/Mobile Application, satisfy any legal requirement that such communication be in writing.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY PAYBYCAL OR VIA THE WEBSITE/MOBILE APPLICATION.

You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

User Data

Paybycal will maintain certain data that you transmit to the Website/Mobile Application for the purpose of managing the performance of the Website/Mobile Application, as well as data relating to your use of the Website/Mobile Application. Although we encrypt and perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Website/Mobile Application. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

General provisions

If a provision of these Terms of Use is or becomes illegal, invalid or unenforceable in any country, that will not affect the legality, validity or enforceability in that country of any other provision or in other jurisdictions of that or any other provisions of these Terms of Use.

Certain pages or areas on the Website/Mobile Application may contain additional terms, conditions, disclosures or disclaimers (“Additional Terms”). In the event of a conflict between these Terms of Use and the Additional Terms, the Additional Terms will govern for those pages or areas.

Rights of Paybycal under these Terms of Use may be exercised as often as necessary. They are cumulative and not exclusive of rights or remedies provided by law, rules and regulations. They may be waived only in writing and specifically. Delay in the exercise or non-exercise of any such right is not a waiver of that right. An express or implied waiver of any of the provisions or of any breach of or default in performing any of the provisions of these Terms of Use will not constitute a continuing waiver and that waiver will not prevent the waiving party from subsequently enforcing any of the provisions of these Terms of Use not waived or from acting on any subsequent breach of or default by the other party under any of the provisions of these Terms of Use.
Any notice or other communication given under or in connection with these Terms of Use will be in English. All other documents provided under or in connection with these Terms of Use will be in English. A document in another language must be accompanied by a certified English translation. In such a situation the English translation will prevail, unless the document is a statutory or other official document.

Compliance with Laws

You are responsible for complying with all applicable laws, rules and regulations, all third-party rights and all Paybycal policies. You shall not use the website in a manner that violates such laws, rules and regulations, third parties' rights or any Paybycal policies or in a manner that is deceptive, unethical, false or misleading. For avoidance of doubt, you shall not distribute or provide access to applications you develop in contravention of Indian laws.

This Agreement shall be governed by and construed in accordance with Indian Law and you hereby submit to the exclusive jurisdiction of the Mumbai, Maharashtra, India Courts.

Non-Waiver

Any forbearance or failure by Paybycal to enforce a provision to which you are subject shall not affect our right to require such performance at any subsequent time, nor shall the waiver or forbearance by Paybycal of any breach of any provisions of the agreement herein be taken to be or held to be a waiver of the provision or provisions itself or themselves.

Statute of Limitations

User and Paybycal agree that any cause of action arising out of or related to these Services must commence within one (1) month after the cause of action arose; otherwise, such cause of action is permanently barred. If you do not agree with any of our Terms of Uses mentioned above, please do not read the material on any of our pages or do not accept Paybycal services. 

Paybycal Website/Mobile Application includes content relating to Helthofit Pvt Ltd and its businesses. www.paybycal.com is provided by Helthofit Pvt Ltd having registered office at BLD NO 17, Flat No 102, Rose Nagar CHS, Naigaon West, Palghar 401207.
 

Date Last Modified
These Terms of Use were last modified August 24, 2022.