Terms & Conditions

FitNambi — Terms and Conditions of Use

Effective Date: 01 August 2024

Acceptance of Terms of Use and Other Policies

All references to “you” or “your” mean the person that accesses, uses, and/or participates in the FitNambi Platform in any manner (“Users”). If you use the FitNambi Platform on behalf of an entity, you represent and warrant that you have the authority to bind that entity. Your acceptance of the Terms of Use will be deemed an acceptance by the entity you represent and “you” and “your” herein shall refer to such entity.

These Terms of Use govern your use of our website and our FitNambi application for mobile and handheld devices (the “App”). The Website and the App are jointly referred to as the “FitNambi Platform”. The FitNambi Platform is currently owned and operated by Apexware Consultancy LLP, a company incorporated under the Companies Act, 2013 and having its registered office at 711, Kaveri Apartments, Vasant Kunj, New Delhi 110070 (“Apexware”, “we”, “us”, “our”).

By installing, downloading, or using the FitNambi Platform, and by clicking on “I have read and agree to the terms of use” you contract with Apexware Consultancy LLP and signify your acceptance to these Terms of Use and other Apexware policies (including but not limited to the Privacy Policy) as posted on the FitNambi Platform from time to time. If you do not agree to any provision here, do not access or use the Platform.

About The FitNambi Platform

FitNambi is a digital platform designed to facilitate sports and fitness activities for users and organizers across web and mobile.

For Users

• Event discovery & booking: browse, register, pay, and receive updates for events.
• Fitness tracking & insights (future): planned tools for logging workouts, challenges, and goals (implementation may differ).
• Social features (future): planned community, groups, and sharing (implementation may differ).

For Organizers

• Event creation & management: list events, schedules, registrations, and payments.
• Promotion & marketing: tools to reach relevant participants.
• Communication & coordination: notify participants and manage logistics.
• Analytics & reporting: insights into engagement and attendance.

Services Offered By FitNambi

• Event Listings and Registrations: The platform allows users to browse and register for various sports and fitness events, including but not limited to tournaments, training sessions, fitness classNamees, and community sports activities.
• Payment Processing: FitNambi facilitates secure payment processing for event registrations, ensuring that both users and organizers can conduct transactions seamlessly.
• Notifications and Reminders: Users and organizers receive timely notifications and reminders regarding upcoming events, sessions, and any changes or updates related to their activities.
• Fitness Challenges and Competitions: The platform hosts fitness challenges and competitions, encouraging users to participate, set goals, and compete with others for rewards and recognition.
• Social Networking (Future Feature): FitNambi aims to foster a social networking environment where users can connect with like-minded individuals, join fitness groups, share experiences, and motivate each other. The exact implementation of these features may differ from what is described here.
• Customizable Profiles and Dashboards: Users and organizers have access to customizable profiles and dashboards where they can manage their activities, track progress, and view relevant information.

Privacy Policy

Apexware Consultancy LLP has established a privacy policy that explains to Users how their information ("User Content") is collected and stored ("Privacy Policy"). The Privacy Policy is referenced above and hereby incorporated into the Terms of Use set forth. Your use of the FitNambi Platform is governed by the Privacy Policy.

Amendments to Terms of Use

These Terms of Use and any other document incorporated by reference are subject to modifications at any time. Apexware Consultancy LLP reserves the right to modify or change these Terms of Use and other Apexware Consultancy LLP policies at any time by posting changes on the domain of terms. You shall, at all times, be responsible for regularly reviewing the Terms of Use and the other Apexware Consultancy LLP policies and note the changes made on the FitNambi Platform. If Apexware Consultancy LLP proposes any changes to the Terms of Use, you will be informed of the same by way of a 'pop-up' which will appear on your screen. You are expected to review the revised term(s) and provide your consent. If you fail to do so, your existing registration will also stand terminated.

Use of Platform and Services

Membership Eligibility Criteria

You need not register with Apexware Consultancy LLP to simply visit and view the FitNambi Platform, but to access and participate in certain features of the FitNambi Platform, you will need to create a password-protected account ("Account"). To create an Account, you must submit your name, mobile number, and/or email address through the account registration page/screen on the FitNambi Platform and create a password. You will also have the ability to provide additional optional information, which is not required to register for an account but may be helpful to Apexware Consultancy LLP in providing you with a more customized experience when using the FitNambi Platform. You may also register for an Account using your existing Google or any such other account and log-in credentials (your "Third-Party Site Account"). An Account holder is sometimes referred to on the FitNambi Platform as "Registered User".

Use of the FitNambi Platform is available only to individuals who are capable of forming legally binding contracts under applicable law. You represent, acknowledge, and agree that you are at least 18 years of age, and that: (a) all registration information that you submit is truthful and accurate, (b) you will maintain the accuracy of such information, and (c) your use of the FitNambi Platform and Services offered by the FitNambi Platform do not violate any applicable law or regulation. Your Account may be terminated without warning if we, at our discretion, believe that you are under the age of 18 or that you are not complying with any applicable laws, rules, or regulations. Further, if you are not of the authorized age and you access the FitNambi Platform, please be aware that it shall be assumed that your usage was authorized by such a person, who is your parent or guardian and that such person has supervised your usage.

We reserve the right to suspend or terminate your Account and your access to the Services (i) if any User Content provided during the registration process or thereafter proves to be inaccurate, not current or incomplete; (ii) if it is believed that your actions may cause legal liability for you, other Users, or us; and/or (iii) if you are found to be non-compliant with these Terms of Use.

You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Account. You shall notify Apexware Consultancy LLP immediately in case of any breach of security or any unauthorized use of your Account. Similarly, you shall never use another's Account without prior consent from Apexware Consultancy LLP. You agree that you will not misrepresent yourself or represent yourself as another User of the FitNambi Platform. You hereby expressly acknowledge and agree that you will be liable for any losses, damages (whether direct or indirect) caused to you, Apexware Consultancy LLP or any others as a result of unauthorized use of your Account.

Use of the Platform

You agree, undertake, and confirm that your use of the FitNambi Platform shall be strictly governed by the following binding principles:

• You shall not host, display, upload, download, modify, publish, transmit, update or share any information which:
  • belongs to another person and which you do not have any right to
  • is grossly harmful, harassing, defamatory, obscene, pornographic, paedophilic, libellous, slanderous, criminally inciting or invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; or unlawfully threatening or unlawfully harassing including but not limited to any content which is in violation of the provisions of the Indian Penal Code, 1860;
  • is misleading or misrepresentative in any way;
  • is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • harasses or advocates harassment of another person;
  • involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
  • promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
  • infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];
  • promotes an illegal or unauthorized copy of another person's copyrighted work (see "copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
  • contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
  • provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
  • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
  • contains video, photographs, or images of another person (with a minor or an adult);
  • tries to gain unauthorized access or exceeds the scope of authorized access to the FitNambi Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the FitNambi Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
  • engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes, or the buying or selling of products related to the FitNambi Platform. Throughout these Terms of Use, Apexware Consultancy LLP's prior written consent means a communication coming from Apexware Consultancy LLP's legal department/authorized representative, specifically in response to your request, and expressly addressing and allowing the activity or conduct for which you seek authorization;
  • solicits gambling or engages in any gambling activity which is or could be construed as being illegal;
  • interferes with another User's use and enjoyment of the FitNambi Platform or any third party User and enjoyment of similar services;
  • refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the FitNambi Platform or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use;
  • infringes any patent, trademark, copyright or other intellectual property rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent;
  • violates any law for the time being in force;
  • deceives or misleads the addressee/Users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
  • 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 criminal offence or prevents investigation of any offence or is insulting any other nation;
  • is false, inaccurate or misleading;
  • directly or indirectly, offers, attempts to offer, trades or attempts to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force; or
  • creates liability for us or causes us to lose (in whole or in part) the services of our internet service provider or other suppliers.
• You shall not conduct any systematic or automated data collection activities (including scraping, data mining, data extraction, data harvesting, 'framing' (iframes), article 'spinning') on or in relation to the FitNambi Platform without express written consent from Apexware Consultancy LLP.
• You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the FitNambi Platform or any content, or in any way reproduce or circumvent the navigational structure or presentation of the FitNambi Platform or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the FitNambi Platform. We reserve our right to prohibit any such activity.
• You shall not attempt to gain unauthorized access to any portion or feature of the FitNambi Platform, or any other systems or networks connected to the FitNambi Platform or to any server, computer, network, or to any of the services offered on or through the FitNambi Platform, by hacking, "password mining" or any other illegitimate means.
• You shall not probe, scan or test the vulnerability of the FitNambi Platform or any network connected to the FitNambi Platform nor breach the security or authentication measures on the FitNambi Platform or any network connected to the FitNambi Platform. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to the FitNambi Platform, or any other Buyer, including any account on the FitNambi Platform not owned by you, to its source, or exploit the FitNambi Platform or any service or information made available or offered by or through the FitNambi Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the FitNambi Platform.
• You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us including the name 'Apexware Consultancy LLP', or otherwise engage in any conduct or action that might tarnish the image or reputation, of Apexware Consultancy LLP on the FitNambi Platform or otherwise tarnish or dilute any of Apexware Consultancy LLP's trade or service marks, trade name and/or goodwill associated with such trade or service marks, as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the FitNambi Platform or Apexware Consultancy LLP's systems or networks, or any systems or networks connected to Apexware Consultancy LLP.
• You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the FitNambi Platform or any transaction being conducted on the FitNambi Platform, or with any other person's use of the FitNambi Platform.
• You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the FitNambi Platform or any service offered on or through the FitNambi Platform. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
• You may not use the FitNambi Platform or any content on the FitNambi Platform for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity that infringes the rights of Apexware Consultancy LLP and/or others.
• You shall at all times ensure full compliance with the applicable provisions, as amended from time to time, of (a) the Information Technology Act, 2000, India and the rules thereunder; (b) all applicable domestic laws, rules, and regulations (including the provisions of any applicable exchange control laws or regulations in force); and (c) international laws, foreign exchange laws, statutes, ordinances, and regulations (including, but not limited to goods and service taxes, income tax, and local levies) regarding your use of our Service and your listing, purchase, solicitation of offers to avail our Services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
• In order to allow us to use the User Content supplied by you, without violating your rights or any laws, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights, or any other rights you have in your Information, in any media now known or not currently known, with respect to your Information. We will only use your information in accordance with these Terms of Use and the Privacy Policy applicable to use of the FitNambi Platform.
• We will monitor your messages and interaction on the FitNambi Platform and if you are indulged in any form of advertising or solicitation, we reserve the right to restrict the number of messages or emails which a User may send to other Users in any 24-hour period which we deem appropriate in its sole discretion. You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the FitNambi Platform) as necessary to satisfy any law, regulation, or valid governmental request. This may include, without limitation, disclosure of the information in connection with the investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, we can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
• We reserve the right, but have no obligation, to monitor the materials posted on the FitNambi Platform. Apexware Consultancy LLP shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, you remain solely responsible for the content of the materials you post on the FitNambi Platform and in your private messages. Please be advised that such content posted does not necessarily reflect Apexware Consultancy LLP's views. In no event shall Apexware Consultancy LLP assume or have any responsibility or liability for any content posted or for any claims, damages, or losses resulting from the use of content and/or appearance of content on the FitNambi Platform. You hereby represent and warrant that you have all necessary rights in and to all content which you provide and all information it contains and that such content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.

We may monitor, remove, or disclose content as required by law or to protect rights and safety.

Terms of Service

Apexware facilitates hosting of products, services, events, and arenas offered by third-party providers (“Service Providers”). We do not warrant quality, endorse offerings, or assume liability for any aspect of a Service Provider’s products/services or changes thereto.

Payments are processed via third-party gateways. Use only cards you lawfully own. We disclaim liability for unauthorized card use. Receipts are issued by Service Providers.

We do not verify Service Provider identity beyond limited checks; disputes/claims must be pursued with the organizer/provider, not with us.

Limitation of Liability for Tournament Organization

• Platform role: FitNambi provides technology (registration, scoring, dashboards, certificates). It does not organize or manage tournaments.
• Monetary liabilities: After fees/taxes/gateway charges, amounts are transferred to organizers. FitNambi is not liable for organizer expenses, refunds, or disputes.
• Organizer responsibility: Organizers bear all liabilities, including fees, vendor costs, and participant disputes; they indemnify FitNambi.
• Platform availability: Failures due to gateways or external causes beyond control do not create FitNambi liability.

End Users Terms of Use

5.1 Acceptance of Terms by End Users

By registering for events/tournaments via the Platform, you agree to these Terms & Conditions.

5.2 Role of FitNambi for End Users

• FitNambi is a technology platform connecting organizers and participants.
• Organizers are solely responsible for event quality, safety, scheduling, and execution.
• FitNambi does not verify the complete accuracy of organizer-provided information.

5.3 Payments and Refunds

• Payments are handled through third-party gateways (e.g., Razorpay).
• Collected amounts are transferred to organizers after applicable fees; platform service fees are non-refundable.
• Refund disputes must be taken up with the organizer; FitNambi does not process or guarantee refunds unless organizer policies provide for them.

5.4 Participation in Events

• Registration does not guarantee participation; organizers have final authority.
• Notifications are provided, but FitNambi is not liable for organizer communication issues.
• FitNambi is not responsible for injuries, losses, or damages during events.

5.5 User Responsibilities

• Provide accurate information; no fraudulent or unlawful activity.
• FitNambi may suspend/terminate accounts for violations or misuse.

5.6 Certificates, Rewards, and Recognition

• Digital certificates and non-monetary rewards may be provided based on event outcomes per organizer criteria.
• FitNambi is not responsible for disputes over rewards distribution.

5.7 Privacy and Data Use for End Users

• Personal data collected includes name, age, gender, contact details, and payment info.
• Data is shared with organizers for event management; not sold to third parties without consent.
• Anonymized data may be used for analytics and platform improvement.

5.8 Limitations on Liability for End Users

FitNambi is a facilitator, not a guarantor of event quality or timing. Claims must be resolved with the organizer. FitNambi’s liability, if any, is limited to the technology services provided; no liability for indirect or consequential damages.

General Terms of Use

Payments and Refunds

Payments via the Platform are non-refundable unless the Service Provider’s policy states otherwise. Service Provider changes are their responsibility, including replacement or refunds to users.

User Responsibilities

• Keep credentials confidential; we may disable access for policy breaches.
• Use is intended for select cities in India; access outside operating zones is at your own risk and responsibility.
• You bear connectivity/device costs; we are not liable for them.

Communications

You agree to receive promotional/transactional SMS and emails from Apexware or partners.

Warranties and Representations

• No guarantee of compatibility with all hardware/software; no liability for viruses or third-party actions.
• No representation that information is always accurate or reliable.
• We may suspend or withdraw access at any time without notice.

Indemnification

You agree to defend, indemnify, and hold harmless Apexware Consultancy LLP and affiliates from claims arising out of your breach of these Terms, violation of third-party rights, misuse of the Platform, misrepresentation, or content you provide.

Modification of Services and Terms

We may change features or Terms at any time without notice. The latest Terms govern your use; continued use constitutes acceptance.

Access to the Platform, Accuracy, and Security

We strive for availability but do not warrant uninterrupted or error-free access. Compatibility and accuracy are not guaranteed; access may be suspended or withdrawn.

Relationship with Operators (Mobile Access)

• Not associated with Apple, Google, or other operators.
• Operator terms apply in addition to these Terms.
• Licenses are non-transferable; we provide maintenance/support as required by law.
• We, not Operators, address claims or IP issues related to the app.

Disclaimers

• The Platform may be under constant upgrades; delays/omissions/inaccuracies may occur.
• We disclaim liabilities for unauthorized card use and third-party services.
• You must assess other users/service providers independently.
• Services involve inherent risks; we are a booking/technology platform only.
• We are not liable for direct/indirect/consequential damages arising from third-party services; any goodwill refund is at our sole discretion and capped at the booking amount.
• Nothing herein limits liability where unlawful to do so (e.g., death/personal injury due to negligence; fraud).
• Nothing herein constitutes legal, financial, or medical advice.

Breach of Terms

We may terminate or deactivate accounts without notice for violations. You agree to indemnify us against losses arising from your breach.

Effect of Termination

Upon termination, your rights cease immediately; we may retain residual data for analysis/archival. We are not obligated to return submitted content. Certain clauses survive termination.

Intellectual Property

We own or control IP in the Platform and content. You may print or download extracts for personal/internal organizational use only, without modification and with accompanying text. No republication or commercial use without a license.

Treatment of User Content

We process User Content per our Privacy Policy

Third-Party Content

We are not responsible for other users’ compliance. External links lead to sites with different terms/policies; we may disable links but are not obligated to do so.

Severability

If any term is illegal/invalid/unenforceable in a jurisdiction, it is severed to the extent necessary; the remainder continues in full force.

Assignment

We may assign/transfer/subcontract our obligations at any time. You may not assign/transfer/subcontract yours.

Governing Law and Dispute Resolution

These Terms are governed by the laws of India. Disputes are subject to the exclusive jurisdiction of courts at New Delhi, India.

Final Acknowledgment

By using the FitNambi Platform, you acknowledge that you have read, understood, and agreed to these Terms & Conditions. Failure to comply may result in suspension or termination.

Contact Us

Email: info@fitnambi.com