Terms and Conditions

General

This document is an electronic record in terms of The Information Technology Act, 2000 ( “IT Act”) and rules there under, and is published in accordance with the provisions of Rule 3 (1) under IT Act which mandates for publishing of rules and regulations, privacy policy and terms of use for access or usage of the Website. This electronic record is generated by a computer system and does not require any physical or digital signatures.

The domain name www.breathroughstudios.in (“Website”) is an e-commerce portal owned and operated by Breakthrough Studio Fitness LLP, a company incorporated under the laws of India, company identification number AAR-1935, having its registered office at #23/1, 1st Floor, Coles Road, Frazer Town, Bengaluru – 560005.

Breakthrough Studio e-commerce portal facilitates the connection of a user with a Fitness Provider who offer information of offline Fitness Services and online payment options for both offline and online Fitness services, through the Website to the users, with assured essentials and prompt services (“Services”). Reference to “you”, “Client”, “your” or “user”, whether registered or not, in these Terms of Use (as defined below) refers to the users of this Website, whether or not you access the services offered by us (“Services”) or consummate a transaction on the Website.

1. ACCEPTANCE OF THE TERMS OF USE

  1. These terms and conditions, the Privacy Policy and the Transaction Policy and such other policy or terms as may be prescribed by Breakthrough Studio (collectively these “Terms of Use”) forms a legally binding agreement between Breakthrough Studio and the user(s) of the Website, as the case may be.

  2. We request you to carefully go through these Terms of Use to understand the different features of the Services. By using the Website, you irrevocably accept all the obligations stipulated in these Terms of Use and agree to abide by them. Accessing the Website through any medium, including but not limited to services on mobile phones, is also subject to these Terms of Use. These Terms of Use supersede all previous oral and written terms and conditions (if any) for the use of the Website communicated to you.

2. MODIFICATION OF THE TERMS OF USE

Breakthrough Studio reserves the right, in its sole discretion, to change, modify, or otherwise amend these Terms of Use, and any other documents incorporated by reference herein for complying with legal and regulatory framework and for other legitimate business purposes, at any time. If at any time you find these Terms of Use unacceptable or if you do not agree to these Terms of Use, please do not use or continue to use the Website. We may revise these Terms of Use at any time without notice to you. It is your responsibility to review these Terms of Use periodically.

3. PRIVACY AND OTHER POLICIES

  1. Breakthrough Studio has established a privacy policy that explains to users how their information is collected and used (“Privacy Policy”). Your use of the Website is governed by the Privacy Policy.

  2. Breakthrough Studio or its partners may prescribe certain conditions and policies to the users in connection with the usage of its online and offline services. Details of the cancellation and refund policy, among other things are set out in the terms below.

4. LICENSE TO ACCESS

  1. Breakthrough Studio hereby grants you a non-exclusive, revocable license to use the Website on the terms and conditions as set forth in these Terms of Use, provided, however, that:

    • you will not copy, distribute, or make derivative works of the Website in any medium without prior written consent of Breakthrough Studio or its affiliates, as may be applicable;

    • you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purposes; and

    • you will otherwise act in accordance with these Terms of Use and in accordance with all applicable laws of India

2. The Website or any portion thereof (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without the prior written consent of Breakthrough Studio or its affiliates, as may be applicable.

3.You will not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Breakthrough Studio and its affiliates without their prior written consent. You will not use any meta tags or any other “hidden text” utilizing Breakthrough Studio’s or its affiliates’ names or trademarks without the prior written consent of Breakthrough Studio or its affiliates, as may be applicable. Any unauthorized use will terminate the permission or license granted by Breakthrough Studio or its affiliates, as may be applicable.

4. You will not delete or modify any content of the Website, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.

5. WEBSITE

  1. The Website are platforms that you may utilize to interact with the Partners for your transactions and service need. We are not and cannot be a party to or control in any manner any transaction between you and the Transaction Partners.

  2. You acknowledge that Breakthrough Studio will not be liable for any lack or deficiency in service attributable to online or offline services booked by you. You further acknowledge that the Transaction Partner is an entity completely separate from Breakthrough Studio and Breakthrough Studio does not work as an agent or representative of the Transaction Partner.

  3. We do not make any representation or warranty as to specifics (such as quality, value, salability, etc.) of the services offered on the Website . We accept no liability for any errors or omissions, whether on behalf of ourselves, Partners or third parties. We are not responsible for any non-performance or breach of any contract entered into between you and the Transaction Partners. We cannot and do not guarantee that you or the Transaction Partners will perform any transaction concluded on the Website. We shall not and are not required to mediate or resolve any dispute or disagreement between you and the Transaction Partners.

6. CRITERIA TO USE THE WEBSITE

  1. Breakthrough Studio does not charge a fee for registration. If you do not agree to all or any or part of the Terms of Use in their entirety, you must not use this Website and should exit/logout immediately. Your continued use of the Website would imply that you consent to the usage terms. Breakthrough Studio has a right at its sole discretion to refuse to provide access to or terminate the access of any person(s) whatsoever with or without notice.

  2. Use of the Website is available only to individuals who are at least 18 (Eighteen) years old and can form legally binding contracts under applicable law in India. In case of a non-natural person, you represent that you are a company/partnership/other entity validly incorporated and registered under the applicable laws. You represent, acknowledge and agree that you are at least 18 (Eighteen) years of age, and that:

    • all registration information that you submit is truthful and accurate;

    • you will maintain the accuracy of such information; and

    • your use of the Website or any services offered through the Website do not violate any applicable law or regulation in India. Your Account may be terminated without warning if we, at our discretion, believe that you are under the age of 18 (Eighteen) or that you are not complying with any applicable laws, rules or regulations in India.

7.ACCOUNT AND REGISTRATION

  1. Breakthrough Studio offers services to you through their Website once you have registered with Breakthrough Studio by providing Breakthrough Studio with the requisite information such as an email address and password (collectively, the “Account Information”). The Website also facilitates booking for users (the “Client”) who do not intend on registering with Breakthrough Studio. The Client can select any Accommodation of their choice and proceed to book the same by providing information such as their Name, address, phone number and email address. (collectively the “Client Information”). You acknowledge that you are solely responsible for maintaining the confidentiality of the Account Information or the Client Information that you have provided to Breakthrough Studio. You agree to immediately notify Breakthrough Studio of any unauthorized use of your account by a third party and you acknowledge that Breakthrough Studio will not be liable for any direct or indirect damage caused to you as a result of such unauthorized use of Account Information or Client Information by a third party. We reserve the right to suspend or terminate your Account and your access to the Website if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.

  2. When you use the Website, you agree that you are involved in the transmission of sensitive and personal information including but not limited to Account Information and Client Information (collectively “SPI”) which falls within the ambit of the Information Technology (Reasonable Security practices and procedures and sensitive personal data or information) Rules, 2011. You consent to receiving communications from Breakthrough Studio or the Transaction Partner on a periodic basis vide these SPI transmitted by you to Breakthrough Studio. Breakthrough Studio agrees to take all necessary steps to secure and maintain the confidentiality of the SPI that you have transmitted in consonance with the Information Technology (Reasonable Security practices and procedures and sensitive personal data or information) Rules, 2011. However, you acknowledge that Breakthrough Studio will not be liable for any disclosure of your SPI as a result of an error in transmission or unauthorized actions of third parties.

  3. You may also register for an account using your existing Facebook, Twitter, Instagram, Pinterest or other platform account and log-in credentials (“Third-Party Account”).You represent that you are entitled to disclose your Third Party Account login information to us and grant us access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third party service providers. By granting us access to any Third Party Accounts, you understand that we will access, make available, and store (if applicable) any content or information that you have provided to and stored in your Third Party Account (“Third Party Account Content”) so that it is available on and through your Breakthrough Studio account. Unless otherwise specified in these Terms of Use, all Third Party Account Content, if any, will be considered to be your content for all purposes of these Terms of Use. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your Breakthrough Studio account on the Website . Please note that if a Third Party Account or associated service becomes unavailable or our access to such Third Party Account is terminated by the third party service provider, then Third Party Account Content will no longer be available on and through the Website .

  4. Without prejudice to the foregoing, you agree that Breakthrough Studio shall not be held liable or responsible for ‘phishing attacks’ on you. You agree that you shall not use/access this Website from unsecure computers, unsecure communication links, unsecure mobile phones. You may accept or decline the cookies when you access the Website. It is the user’s responsibility to set his browser to alert him to accept or to reject cookies.

  5. You agree, acknowledge and confirm that before placing any order, you shall check the Service description and price carefully and by placing an order, you agree to be bound by the Terms of Use as provided in the Website.Breakthrough Studio shall not be liable for any deficiency in the performance of services or any other form of direct or indirect damage as a result of the Transaction Partner’s actions or omissions as a result of your reservation provided by the Transaction Partner.

8. PAYMENT OPTIONS

  1. You agree and acknowledge that you will have to make a payment for the services availed by way of your use of the Website to book/reserve a specific Fitness service vide the payment option provided by Breakthrough Studio on the Website. You hereby agree and understand that you will have to pay via the payment mode provided on the Website pursuant to which your requested reservation will be confirmed.

  2. We offer the following payment option to you on the Website:

    • Where payment is made by you through the Website and collected by Breakthrough Studio on behalf of the Transaction Partners, you can make online payments using either your credit card, debit card, net banking, digital wallets or other payment options as made available by Breakthrough Studio from time to time;

    • Where payment is made by you directly to the Transaction Partners directly, you can complete the booking/reservation on the Website and then make payments to the Transaction Partner by cash, card or other modes, as per the terms and conditions of the Transaction Partners.

  3. We/Transaction Partners will collect the total amount in accordance with these Terms of Use or the Transaction Partners’ terms of use, as applicable, and the pricing terms set forth in the applicable listing of the services for the particular Transaction Partner. Please note that we cannot control any amount that may be charged to you by your bank or other payment facilitator related to collection of the total amount, and we disclaim all liability in this regard.

  4. Breakthrough Studio employs third party payment gateways or electronic wallets to receive payments from you. Breakthrough Studio is not responsible for delays or erroneous transaction execution or cancellation of reservation due to payment issues. Breakthrough Studio takes utmost care to enable a smooth functioning of third party gateways or electronic wallets to process payments, but does not control their systems, processes, technology and work flows and hence cannot be held responsible for any fault at the end of these payment gateways or electronic wallets.

  5. The user authorizes Breakthrough Studio to process any and all transactions initiated through the use of any of your SPI, digital certificate, passwords or pass phrases. You agree and acknowledge that the transactions may call for and require additional verification of or information from you which may also fall within the ambit of SPI and you undertake to provide complete, correct and proper information. You shall be solely responsible for maintaining the confidentiality of the SPI, digital certificate, passwords and pass phrases assigned to you. You must immediately notify Breakthrough Studio of any unauthorized use of your SPI, digital certificate, and passwords or pass phrases. You shall be responsible for any unauthorized activities, charges or liabilities made on or through your SPI, digital certificate, passwords or pass phrase. In no event shall Breakthrough Studio be liable to the user for the unauthorized use or misuse of your SPI, digital certificate, passwords or pass phrase or security authentication option.

  6. In a credit or debit card transaction, you must use your own credit or debit card towards which you have a full right and authority to validly use such Credit or Debit Card for making a payment to Breakthrough Studio. Breakthrough Studio shall not be liable for any credit or debit card fraud. The liability of using a card fraudulently will be on the user and the onus to ‘prove otherwise’ shall also be exclusively on the user.

9. PROMO CODE

  1. “Promo Code” is a code, consisting of letters or numbers or both that you can enter into a promotional box on the Website checkout page to obtain a discount on your booking/reservation, such as a percentage off the order or other discount.

  2. We/Transaction Partner have the right to refuse the usage of any Promo Code at any point of time. Promo Codes which have expired cannot be used on the Website. We/Transaction Partner can at any time ask you for the proof of having received the Promo Code. Promo Codes can be used only on specific bookings/reservations as deemed fit by us/Transaction Partner.

  3. Promo Codes, at our/Transaction Partners’ discretion, are applicable on certain Services, on specific bookings/reservations, or on specific dates and occasions. Unless otherwise specified, Promo Codes cannot be clubbed with any other special offer running on the Website.

  4. For a payment received after the expiry of the Promo Code the discount will not be applicable on such booking/reservation.

10. REPRESENTATIONS AND WARRANTIES

By using the Website, you represent and warrant that:

  1. You are 18 years of age or older and that your use of the Website and / or Services shall not violate any applicable law or regulation.

  2. All registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information.

  3. Your use of this Website shall be subjected to the following restrictions:

    • you may not modify any content of the Website, including but not limited to, any public display, description, performance, sale, rental and pricing of the Services;

    • you may not decompile, reverse engineer, or disassemble the content; or

    • you may not remove any copyright, trademark registration, or other proprietary notices from the Website. You further agree not to access or use this Website in any manner that may be harmful to the operation of this Website or its content.

  4. You will not:

    • advertise or sell the Services (whether or not for profit), for commercial purposes of any kind; or

    • use the Website and / or Services in any way that is unlawful, or harms Breakthrough Studio or any other person or entity, as determined by Breakthrough Studio at its sole discretion.

  5. You will not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Website and / or Services or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of the Website and / or Services.

  6. You will not engage in any form of antisocial, disrupting, or destructive acts, including “flaming,””spamming,””flooding,””trolling,” and “phishing” as those terms are commonly understood and used on the Internet.

  7. You will not delete or modify any content of the Website and / or Services, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.

  8. Breakthrough Studio cannot and will not assure that other users are or will be complying with the foregoing rules or any other provisions of these Terms of Use, and, as between you and Breakthrough Studio, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

  9. All information, content and material contained in the Website and / or Services are Breakthrough Studio’s intellectual property. All trademarks, services marks, trade names, and trade dress are proprietary to Breakthrough Studio. No information, content or material from the Website and / or Services may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without Breakthrough Studio’s express written permission.

  10. You acknowledge that when you access a link that leaves the Website, the site you will enter into is not controlled by Breakthrough Studio and different terms of use and privacy policies may apply. By accessing links to other sites, you acknowledge that Breakthrough Studio is not responsible for those sites. Breakthrough Studio reserves the right to disable links from third-party sites to the Website, although Breakthrough Studio is under no obligation to do so.

  11. You expressly understand and agree: (i) that Breakthrough Studio does not warrant that the functions contained in content, information and materials on the Website, including, without limitation any third party sites or services linked to the Website will be uninterrupted, timely or error-free; (ii) that the defects will be rectified; (iii) that the Website or the servers that make such content, information and materials available are free of viruses or other harmful components; (iv) that the quality of the Website and service would meet your expectations; or (v) Any material downloaded or otherwise obtained through the Website are accessed at your own risk, and you will be solely responsible for any damage or loss of data that results from such download to your computer system.

11. DISCLAIMER OF WARRANTY

BREAKTHROUGH STUDIO PROVIDES ACCESS TO THE WEBSITE ON AN “AS IS” BASIS AND HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF FITNESS FOR PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT OR TITLE. THE USER ACKNOWLEDGES THAT BREAKTHROUGH STUDIO HAS NOT REPRESENTED OR WARRANTED THAT THE USE OF THE WEBSITE WILL BE UNINTERRUPTED, ERROR FREE OR WITHOUT DELAY.

Breakthrough Studio shall have no liability to the user for any interruption or delay, to access the Website irrespective of the cause.

12. INDEMNIFICATION

You agree to indemnify and hold harmless Breakthrough Studio, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party claims, losses, liability, damages, or costs (including reasonable attorney fees and costs) arising from your access to or use of Services, violation of these Terms of Use, or infringement, or infringement by any other user of his/her/its account, of any intellectual property or other right of any person or entity. Breakthrough Studio will notify you promptly of any such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

13. LIMITATION OF LIABILITY

  1. In no event, shall Breakthrough Studio, or any of its directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website  or the content, materials and functions related thereto, the Services, user’s provision of information via the Website, lost business, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:

    1. provision of or failure to provide all or any service by Transaction Partners to users contacted or managed through the Website;

    2. any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the Website;

    3. any unauthorized access to or alteration of your transmissions of SPI; or

    4. any other matter relating to the Website or the Service.

  2. In no event shall the total aggregate liability of the Protected Entities to a user for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from these Terms of Use or a user’s use of the Website or the Services exceed the total price actually paid by such user for booking/reserving a Service through the Website.

14. INTELLECTUAL PROPERTY

  1. All information, content and material contained in the Website and / or Services including but not limited to trademarks, copyrights, patents and designs and all other forms of proprietary and non-proprietary information provided by you or Breakthrough Studio in facilitating the services is the sole intellectual property of Breakthrough Studio. All trademarks, services marks, trade names, and trade dress are proprietary to Breakthrough Studio. No information, content or material from the Website and / or Services may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without Breakthrough Studio’s express written permission.

  2. You also provide a royalty-free, perpetual, irrevocable, nonexclusive right and license for Breakthrough Studio to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on such content without additional approval or consideration in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you waive any claim to the contrary over all feedback, comments, ideas or suggestions or any other content provided by you to Breakthrough Studio by way of this Website.

15. SEVERABILITY

Each paragraph, clause, sub-clause and provision of these Terms of Use shall be severable from each other and if for any reason, any paragraph, clause, sub-clause or provision is invalid or unenforceable, such invalidity or enforceability shall not prejudice or in any way affect the validity or enforceability of any other paragraph, clause, sub-clause or provision, which shall be read and construed so as to give thereto, the full effect thereof, subject only to any contrary provision of the law to the effect that where this provision of these Terms of Use or any paragraph, clause, sub-clause or provision hereof would be but for the provisions of this paragraph read and construed as being void or ineffective it shall nevertheless be a valid term and condition, paragraph, clause, sub-clause or provision, as the case may be, to the full extent to which it is not contrary to any provision of the law.

16. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms of Use are governed by the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to these Terms of Use, shall be subject to the jurisdiction of the courts at Mumbai.

17. WAIVER

Any failure of Breakthrough Studio to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.

18. THIRD PARTY LINKS

The Website may contain links belonging to third parties and the user acknowledges that Breakthrough Studio does not endorse any of these third party links or the services or goods provided by way of these links. Breakthrough Studio will not be liable for the nature of the content provided on any of these third party links or the privacy practices followed by these third parties. Breakthrough Studio does not provide any warranty with regard to the materials posted on such third party websites or the services offered by them and disclaims all responsibility for the quality of the services offered by any of these linked sited. You acknowledge that it is upon your own risk that you view the contents of any linked site listed in the Website.

19. THIRD PARTY CONTROL

The flow of data over the internet depends in large part on the performance of connections and services provided by third parties. Failure of such third parties to perform their services correctly can disrupt internet sessions, thereby interrupting the Services. Breakthrough Studio cannot guarantee such events will not occur, and disclaims any and all liability, claims or losses resulting from or relating to such events.

20. REFUNDS / CANCELLATIONS

Payments towards our services are non-refundable. However, any requests for refunds if applicable under extenuating circumstances would need to be requested in writing and would be at the discretion of Breakthrough Studio Fitness LLP. Refunds can take 7-10 working days to be credited back to the source account.

21. GRIEVANCE REDRESSAL

If you believe that your rights have been violated by any Services or have any other grievance due to use of the Website, the name and contact details of the Grievance Officer to redress the same is provided below:

Name: Sherene Vijayakumar

Email Address:
shey@breakthroughstudio.in
Breakthrough Studio, 
#23/1, 1st Floor,
Coles Road,
Frazer Town,
Bengaluru – 560005