Terms & Conditions

This website www.thepivothealth.com is operated by Virtus Growth Labs Private Limited Growth. Throughout the Website, the terms "Company", "Virtus", "Pivot", "Pivot Health", "we", "us" or "our" refer to Virtus Growth Labs Private Limited Growth. The Company offers this website ("Website" or "site") to individuals accessing the Website or using our Services ("customer", "Client", "You", "user", "User" or "your", "you"), including all information, tools and services available from this Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our Website or making an account or enrolling in Programs or booking an appointment or purchasing something from us, you engage in our "Service" (or "Services") and agree to be legally bound by the following terms and conditions ("Terms and Conditions", "Terms", "Agreement" "Terms of Service"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the Website, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this Agreement, then you may not access the website or use any Service (s). If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools, which are added to, the current website or store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.

1. Acceptance

This document is an electronic record that is generated by a computer system and does not require any physical or digital signatures. The provision of the Services to you by the Company is subject to these Terms and Conditions. Without limiting the foregoing, the Company shall be under no obligation to provide any services that the Company has not expressly agreed to provide under these Terms and Conditions in writing.

2. Eligibility

1. You must be 18 years or older to use this Website. By visiting our Website, you represent and warrant to us that you are 18 years of age or older. If you are under the age of 18 or applicable legal age in your jurisdiction, you can use the Service only in conjunction with, and under the supervision of, your parent and/or guardian who has agreed to the Terms and Conditions.
2. You are legally competent to enter into an agreement, and otherwise competent to receive the Services. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Website.
3. You have not been previously suspended or removed by us.
4. We reserve the right to terminate your membership and/or refuse to provide you with access to the Website if we discover that you are under the age of 18 years or otherwise.
5. You represent that you have requisite power and authority to enter into these Terms and Conditions under applicable laws.
6. If you are not a Resident Indian, you may access and use the Website only to the extent that the laws of India and those of your country permit you to do so. Further, your use of the Services is based on the understanding and agreement that by accessing and using the Services, you are not violating the local laws in India and/or your country.
7. We reserve the right to refuse Service to anyone for any reason at any time.

3. Our Services

Through the Website, we provide you following services ("Services"), except as specifically provided in the Terms and Conditions, all Services provided by the Company shall be subject to the terms and conditions provided in the Terms and Conditions:

a) Health and Wellness Programs

• We provide various kinds of programs on health, wellness, lifestyle correction strategies, exercise counseling and fitness programming, rejuvenation and condition management ("Program(s)") that form a part of our Services; you can access these Program (s) and information about the Program (s) on our Website.

b) Consultancy

• We provide consultancy services. The Consultancy services can only be availed by booking an appointment and for booking an appointment you are required to pay fees for the consultancy service, on successful completion of the payment for consultancy, we shall confirm your appointment with us on Terms and Conditions herein.
• You will receive a confirmation of appointment for a consultation with us, on the Website and / or via SMS and / or email and / or an online communication or messaging service. We reserve the right to reschedule or cancel an appointment without any prior notice. The time provided for consultation to you is indicative and actual consultation time may change depending on our discretion. You are not allowed to cancel or reschedule an appointment for consultancy at any time and in any case. You are not entitled to any refund or compensation on cancellation of appointment.

c) Blogs, Videos and Articles

• We publish blogs, videos and articles and other formats on health and wellness on our Website, you may read such blogs for information purposes only. Such blogs shall never be construed as an advice in any way.
• Such blogs, videos and articles and other formats are published on a particular date and may not be updated from time to time. We are not responsible for such old information which is not updated.
• We also take articles, research, videos and documents from third party sources. We not responsible if the above information made available on the Website is not accurate, complete or updated. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions. Any reliance on the material on this Website is at your own risk. Material available on this Website shall not be construed as an advice or consultation in any way. We publish information on our Website for information purposes only.

We reserve the right, but are not obligated, to limit the Services we provide to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of Services that we offer/ number of people we enrol in a Program. All descriptions of Services and pricing are subject to change at any time without notice, at the sole discretion of the Company. We reserve the right to discontinue any Service at any time. We reserve the right to refuse service to anyone for any reason at any time. Any offer for any Service made on this Website shall be considered as void, if it is prohibited by any applicable law in future. We do not warrant that the quality of any Service obtained by you will meet your expectations.

Creating and Maintaining Account

1. Users may need to register on the Website or fill a form in order to use the Website or the Services provided through the Website. In order to register, you are required to provide certain personal details including but not limited to your name, phone number, email address, birth date, gender, etc.
2. Each user login (as and when applicable) shall only be used by the person who registered for. You shall not impersonate any person or entity, or falsely state or otherwise misrepresent your identity, age or affiliation with any person or entity.
3. Multiple profiles of the same person shall not be allowed on the Website. You are responsible for maintaining the security of your account, your material and password. We shall not be liable for any loss or damage from your failure to comply with this security obligation.
4. You are not authorized to share your password or other account access information with any other party, temporarily or permanently, and breach of this obligation may tantamount to disabling the account and Services. You agree to immediately notify us of any unauthorized use of your account, identity, personal information and passwords.

4. Your Obligations and Use of Website and Services

When you use, access or avail any Service on the Website or visit, access or use the Website, you agree to the following conditions, and any other terms and conditions set out herewith:

1. You are solely responsible for the access and use of the Website, any Service hereof and any information that you may provide to us. You are requested to use your discretion on access and use of Website.
2. Services we provide depends on the information you provide to us, you shall provide complete and accurate information to us.
3. You may access and use the Website for sole purpose to use the Services or to gain information about the Services; you shall not edit, reproduce, republish, display, distribute, sell or otherwise use content available on the Website for commercial or personal use and gains.
4. You must evaluate and solely bear all risks associated with the use or posting of any contents whatsoever, including any reliance on the content, integrity and accuracy of such content.
5. You agree to immediately notify us of any unauthorized use of your account, identity, personal information and passwords.
6. Illegal and/or unauthorized use of Website, including aggregating usernames and other contact information for the purpose of sending unsolicited communications is prohibited.
7. You shall not use this Website or our Services for any illegal or unauthorised purpose.
8. The Client undertakes that she/he shall strictly comply with the terms of usage contained in the Terms.
9. The Client acknowledges that the advice provided under the Program / Service by the Company is solely intended for the Client and cannot be used for any other individual.

5. Accuracy, Completeness and Timeliness of Information

We are not responsible if the information made available on the Website is not accurate, complete or updated. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Website is at your own risk. Material available on this Website shall not be construed as an advice or consultation in any way. We publish information on our Website for information purposes only. This Website may contain certain old information. Such information, necessarily, is not updated and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.

6. Modifications to the Service and Prices

The prices for various Services provided on the website may change, we are not liable to inform of change in price in any Service. We reserve the right at any time to modify or discontinue any Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services.

7. Your Feedback

1. Company may ask for your feedbacks, reviews, effects of Program usage on you or any other information in respect of the Program enrolled by you ("Feedback"). You agree to fill up the form, format or any other document provided by the Company from time to time in respect of the Program you are enrolled in ("Feedback Forms") and send such Feedback Form to the Company on priority.
2. You agree and acknowledge that the Feedback Forms are essential element of the Program performance and shall be filled by you in utmost diligent manner providing only true, correct and verified information.

8. Accuracy of Billing and Account Information

We reserve the right to refuse any appointment you book with us. In the event that we make a change to or cancel an appointment, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the appointment was made. You agree to provide current, complete and accurate purchase and account information, in case of a change in information, you shall promptly update your account, email and other information and shall intimate us of such change in information. We shall not be responsible for miscommunication occurred due to information provided by you.

9. Third Party Links

1. Links on the Website to third-party websites are provided solely as a convenience to you. If you use these links, you may leave the Website. We have no control over the third party websites we neither monitor nor input the third party websites. You acknowledge and agree that we provide access to such websites "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party websites. Any use by third party websites directed through our Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which those third party websites are provided by the relevant third-party provider(s).
2. Certain content available via our Website may include materials from third-parties. Third-party links on this Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, including the safety, security, suitability, accuracy, integrity, quality or legality of these third party resources and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT YOUR USE OF THIRD-PARTY CONTENTS AND RESOURCES IS SOLELY AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD-PARTY RESOURCES. YOU AGREE THAT THE COMPANY SHALL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY WEBSITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY OR THIRD PARTY RESOURCES.

10. User Comments and Other Submissions

1. If, at our request, you send certain specific submissions (for example contest entries) or you send, without our request, certain specific submissions such as creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "User Submission"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any User Submission that you forward to us. We are and shall be under no obligation: (1) to maintain any User Submission in confidence; (2) to pay compensation for any User Submission; or (3) to respond to any User Submission. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or the Terms and Conditions. You agree that your User Submission will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your User Submission will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You shall not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any User Submission. You are solely responsible for any User Submission you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party. By providing or submitting your User Submission, you are allowing us to host this material on our servers and display it to you and users of the Website without any limitation other than those imposed by us. You are solely responsible for your User Submission which is transmitted, posted, or distributed by you through the Service, including but not limited to the contents of your e-mail communications, information, personal contact details, photos or images posted by you and information, photos, images, sound files or your User Submission posted by you in a forum or other page. By posting your User Submission, you grant to the Company an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, royalty free license (sub-licensable through multiple tiers) to (a) use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submission (or any modification thereto), in whole or in part, in any format or medium now known or later developed and (b) use (and permit others to use) your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that the Company deems appropriate in its sole discretion (including, without limitation, to incorporate your User Submission or any modification thereto, in whole or in part, into any technology, product, or service) without any further consent, notice and / or compensation to you or others. The Company reserves the right to display advertisements in connection with User Submissions and to use User Submissions for advertising and promotional purposes.
2. By submitting any User Submission, you further represent and warrant that:
   • you own all rights in your User Submissions (including, without limitation, all rights to the audio, video, or digital recording and the performance contained in your User Submissions) or alternatively, you have acquired all necessary rights in your User Submissions to enable you to grant to the Company the rights in your User Submissions described herein;
   • you have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, if any, arising from any use or commercial exploitation of your User Submissions;
   • you are the individual pictured and/or heard in your User Submissions or, alternatively, you have obtained permission from each person (including consent from parents or guardians for any individual under the age of eighteen (18)) who appears and/or is heard in your User Submissions to grant the rights to the Company described herein;
   • your User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
   • you voluntarily agree to waive all "moral rights" that you may have in your User Submission;
   • any information contained in your User Submission is not known by you to be false, inaccurate, or misleading;
   • your User Submission does not violate any Law;
   • you were not and will not be compensated or granted any consideration by any third party for submitting your User Submission;
   • your User Submission does not incorporate materials from a third party web site, or addresses, email addresses, contact information, or phone numbers (other than your own);
   • your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
   • your User Submission does not contain any information that you consider confidential, proprietary; and
   • your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
3. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any User Submission. You are solely responsible for any User Submission you make and their accuracy. We take no responsibility and assume no liability for any User Submission posted by you or any third-party.
4. You alone are responsible for the User Submission, and once posted to the Company, it cannot always be withdrawn. You assume all risks and liabilities associated with the User Submission, including anyone's reliance on its quality, accuracy, or reliability. You may expose yourself to liability if, for example, the User Submission violates these Terms and Conditions.

11. Intellectual Property Rights

You acknowledge and agree that all the materials, text, images, videos, graphics, trademarks, logos, button icons, music, software and other elements available on the Website are the property of Virtus or our licensors and are protected by copyright, trademark and/or other proprietary rights and laws. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any content or materials on Website. Virtus, Pivot, Pivot Health and their logos are registered trademarks of Virtus Growth Labs Private Limited. Except as expressly set forth in the Terms and Conditions, no license is granted to you and no rights are conveyed by virtue of accessing or using the Website. All rights not granted under the Terms and Conditions are reserved by Virtus Growth Labs Private Limited. Similarly, you shall not sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify name, photograph, silhouette, likeness, without prior express written permission of Virtus Growth Labs Private Limited. The look and feel of the Services and the Website are copyrights of Virtus Growth Labs Private Limited. All rights reserved. You may not duplicate, copy, or reuse any portion of the Website or visual design elements without express written advance permission from us.

12. Personal Information

Your submission of personal information through the Website is governed by our Privacy Policy as updated from time to time.

13. Errors, Inaccuracies and Omissions

There may be information on our Website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to Services, Service descriptions, pricing, promotions, offers and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel appointment if any information in the Services is inaccurate at any time without prior notice (including after you have submitted your appointment). We undertake no obligation to update, amend or clarify information in the Services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

14. Prohibited Uses

In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the Website or its content:

1. for any unlawful purpose;
2. to solicit others to perform or participate in any unlawful acts;
3. to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
4. to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
5. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
6. to submit false or misleading information;
7. to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
8. to collect or track the personal information of others;
9. to spam, phish, pharm, pretext, spider, crawl, or scrape;
10. for any obscene or immoral purpose; or
11. to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. You further agree not to (i) use any data mining, robots, or similar data gathering or extraction methods in connection with the Website; or (ii) attempt to gain unauthorized access to any portion of the Website or any other accounts, computer systems, or networks connected to the Website, whether through hacking, password mining, or any other means.

15. Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The service and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Virtus Growth Labs Private Limited, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, product partners, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. Notwithstanding anything to the contrary contained herein, the Company's, liability to You for any cause whatsoever including deficiency in service, and regardless of the form of the action, will at all times be limited to the amount of total amount paid towards any respective Program / Service subscribed by you.

You understand and agree that any material or data downloaded, uploaded or otherwise obtained through the Website is done entirely at your own discretion and risk and you shall be solely responsible for any damage and / or bodily harm, injury, health issues. The Company shall not be liable for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties. The Company shall not be liable for any third party websites, products, services and other content. The advertisements which may be available on e-mails or the website with respect to the third party websites, products and services are for information purpose only.

The Company shall not be liable for delays or inabilities in performance or non-performance in whole or in part of Company's obligations due to any causes that are not due to its acts or omissions and are beyond its reasonable control, such as acts of god, fire, strikes, embargo, acts of government, acts of terrorism, climatic conditions, labour unrest, insolvency, business exigencies, government decisions, change of laws, operational and technical issues, route issues, acts of third parties or other similar causes and problems.

16. Medical Disclaimers

1. Virtus Growth Labs Private Limited is not a medical organisation. Any information provided by us on the Website is for informational purposes only. You should not take any action based upon any information contained on the Website. Use of the Website is not meant to serve as a substitute for professional medical advice and reliance on any information provided by the Website or the Program is at your own risk.
2. The Services and Programs or any other information available on the Website is not a medical advice. The advice given under any of our Service / Program including but not limited to the food plans, diets, workout and exercise plans, should not be misconstrued as medical advice.
3. We do not guarantee as to any of the Service or Program or any advice given to you will be suitable to your health and any advice may respond differently depending on various factors to the human body. We shall not be responsible for any issues, side effects including without limitation any allergic reactions to you on account of following our Service / Program, advice, diet and nutrition plans and therefore, we strongly advise you to consult your doctor before trying any of the Program available on our Website.
4. User shall consider the risks involved and consult with their medical professional before engaging in any Service / Program, we are not responsible or liable for any injuries or damages you may sustain that result from your use of, or inability to use, any Service / Program provided by us.
5. In the event if any wellness or diet plan or exercise recommended by us causes any pain, side effect or allergic reaction, or severe discomfort, you should immediately discontinue such diet plan or exercise and immediately consult your doctor. Such discontinuation by you shall not entitle the user to receive any refund or compensation from us and any claim made thereof shall not be entertained by the Company or our representative.
6. You agree and understand that using our Service / Program cannot be substituted for personal medical attention, diagnosis or in person treatment by a qualified medical professional. No doctor-patient relationship is created through participation in our Service / Program.
7. Interactions with our associates, consultants or any representative do not constitute the practice of medicine and consultations cannot be used for providing a formal medical diagnosis, for a physical examination, for obtaining prescriptions, or for treatment. Do not use our Service / Program to diagnose or treat a medical condition. Please see your doctor in person if you are looking for a personal medical evaluation, diagnosis, or prescription.
8. You accept and understand that the Service / Program performance is subject to your adoption of the Program and your adherence to the Service / Program. You agree and acknowledge that you will fulfill all the requirements of the Service / Program and strictly adhere to the Service / Program protocols and / or terms and conditions. The Company is not responsible for any inefficiency in Services due to you misconduct and non- adherence to the Service / Program requirements.
9. Our Service / Program are structured to support the health decisions and choices that you make, with respect to your lifestyle. These decisions and choices are yours, and we believe that you are the best person to decide about your health and that these decisions should be made in accordance with the advice you receive from your own doctor. We and our associates, consultants or any representative are not liable or responsible for any injury or disease including aggravation, acceleration or recurrence of such injury or disease or death arising from or in connection with nutritional or exercise advice and dietary information provided in consultations, Service / Program or by other resources.
10. We and our associates, consultants or any representative may recommend health supplements and nutraceuticals, which may be manufactured and/or marketed by third parties. However, any Service / Program success is not dependent solely on the use of supplement or nutraceuticals. Use of such supplements and nutraceuticals is solely your decision. In no case such recommendation, shall be construed as medical advice. You should seek advice from your medical practitioner before consuming any such supplements.
11. We do not recommend use of our Service / Program as replacement of doctor's advice or medical treatment. Neither do we take any decision for you or your family as to whether to take medical treatment or not.
12. We never sell or suggest or claim that our Service / Program is 'magic therapy' and we will never sell or suggest or claim any product, pills, food or methods to be 'magical' in nature and will take away your disease. The Company makes no guarantees of specific outcomes or timelines.
13. Any risk scoring or interpretation of health metrics provided under any Service / Program is for informational and educational purposes only. It does not constitute a medical diagnosis or replace professional evaluation by a medical doctor or a healthcare provider.
14. We respect medicine, science and also respect nature and the intelligence and healing power of human body.

17. Third-Party Devices, Products and Apps

1. As part of the Service / Program, we may recommend or integrate with third-party health and wellness tools such as the Morpheus Training App and Apple Health or any other devices and apps. These platforms have their own privacy policies, terms of use, and data practices, which you must review and agree to independently.
   Virtus Growth Labs Pvt. Ltd. does not control or assume liability for the performance, accuracy, or privacy practices of these third-party services. Client (s) are solely responsible for the use of these tools and for ensuring compatibility with their devices and health needs.
   The Client accepts full responsibility for any injury, condition, or loss sustained as a result of engaging in the Service / Program and / or use of any of such above mentioned tools / apps / devices.
2. Use of Devices and Products
   • Health-related products provided or sold by the Company (such as heart rate monitors or respiratory training tools) are for wellness tracking only and are not intended for medical use
   • You are responsible for following all manufacturer instructions
   • Virtus Growth Labs Pvt. Ltd. is not liable for misuse, malfunction, or adverse outcomes related to these products
   • All physical products provided by Virtus Growth Labs Pvt. Ltd. or any of its partners and / or vendors as part of its Service / Program (e.g., heart rate monitors, respiratory devices, yoga props, and any other such devices or products) are intended for wellness use only. Client (s) must review all instructions and safety precautions issued by the manufacturers. The Company does not assume responsibility for product misuse or malfunction. Client (s) are solely responsible for the use of these tools and for ensuring compatibility with their devices and health needs.
3. You agree and understand that using any devices, apps, products, tools etc. under our Service / Program cannot be substituted for personal medical attention, diagnosis or in person treatment by a qualified medical professional.

18. Assumption of Risk

You understand and acknowledge that:

1. Physical activities (including yoga, strength training, aerobic exercise) carry inherent risks such as injury, discomfort, or exacerbation of existing conditions
2. Use of props, tools, or equipment (e.g., heart rate monitors, respiratory trainers) involves risk
3. You are voluntarily participating in these activities under the Program / Services offered by the Company and assume full responsibility for any injury, illness, or adverse outcome
4. You certify that:
   1. You are at least 18 years of age
   2. You are in good physical health or have received doctor's or any other medical clearance to participate

19. Indemnification

1. You agree to indemnify, defend and hold harmless the Company and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, Associates, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, arising from:
   • Your use of and access to the Service, Program (s) and Website.
   • Your violation of any term of this Terms and Conditions.
   • Your violation of any third party right, including without limitation, any copyright, property, or privacy right. or
   • Any claim that you and /or your content or actions caused damage to a third party. This defence and indemnification obligation will survive this Agreement and your use of the Service, Program (s) and Website.
2. The material and content displayed on our Website or any of our other marketing materials and documents is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, our Subsidiaries and Affiliates and third parties connected to us hereby expressly exclude:
   1. All conditions, warranties and other terms, which might otherwise be implied by statute, common law or the law of equity.
   2. loss of income or revenue
   3. loss of business
   4. loss of profits or contracts
   5. loss of anticipated savings
   6. loss of data
   7. loss of goodwill
   8. wasted management or office time and
   9. for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

20. Severability

In the event that any provision of the Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

21. Termination

1. Company may terminate, suspend, or modify your registration with, or access to, all or part of the Website, without notice, at any time and for any reason. You may discontinue your participation in and access to the Website at any time. If you breach any of these Terms and Conditions, your authorization to use the Website automatically terminates and you must immediately destroy any downloaded or printed Materials and any copies thereof. Any termination of an account may automatically lead to the termination and/or deletion of all related profiles. When your account is terminated for any reason, you may no longer have access to data, messages, files and other user submissions you keep on the Website. The user submissions may be deleted along with all your previous posts and proposals.
2. These Terms and Conditions shall become effective as your contractual agreement upon your use of the Website and shall continue until you use the Website, or use of the Program / Service, or your account is terminated by you or Company as provided for under the terms of this section.
3. Without limitation to Company's other remedies under applicable Laws, Company may issue a warning, or temporarily suspend, indefinitely suspend or terminate your account, and refuse to provide any or all Services to you if: (i) you breach any of these Terms and Conditions or the linked policies and information incorporated herein by reference, including the written policies and procedures posted on the Website; (ii) Company is unable to verify or authenticate any information you provide to Company; or (iii) Company believes in its sole discretion that your actions may cause legal liability for you, Company's registered users, for the Company or are contrary to the interests of the Website. On any indefinite suspension or termination, you shall not continue to use the Website under the same account, a different account, or register under a new account.
4. Further, if in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this Agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

22. Program and Appointment Terms

The Terms and Conditions specifically applicable in relation to each respective Service / Program and appointment subscribed by you, shall be part of these Terms and Conditions. The Service / Program term and appointment term shall be read and interpreted with this Terms and Conditions and construed in accordance with this Terms and Conditions.

23. Refund & Payment Terms

1. We shall charge you, fees as provided with the respective Program ("Program Fees") as provided on the Website and in the Program term as amended from time to time.
2. The Program Fee shall be payable in advance for the full Program duration.
3. Activation of the Program(s) is subject to realization/receipt of the Program Fees.
4. The Program is non-transferable to another party.
5. All payments made for the Program are non-refundable and non-transferable. The Company shall not be under any obligation to refund any fee, on any ground including on humanitarian ground, if so claimed, on account of any injury. However, we may refund the prorated Program Fees deducting the Program Fees for the period the Program was availed in case of death caused to the Client, the refund shall be construed as waiving of any right to claim by you against the Company.
6. Any applicable refund due to payment gateway failure or chargeback will be subject to the terms and conditions of the respective payment gateway / UPI services / credit card companies or similar entities.
7. Program subscriptions once made / placed by you, cannot be cancelled for any reason. There shall be no refunds.

24. Electronic Communications

When you visit the Website, or send any text messages via telecom service providers or send messages through apps, or emails to the Company or fill any form, you are communicating with the Company electronically. You consent to receive communications from the Company electronically. The Company will communicate with you by messages, email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. The Website may be subject to limitations, delays, outages, and other problems that are inherent in the use of the internet, software and other electronic communications. The Company is not responsible for such delays, failures, or other damages that result from such problems.

25. Other Agreements; Software, Services or Access

Company may provide the Services or access to Website under the terms of a separate agreement between you and Company (each, an "Other Agreement"). Company's obligations with respect to any service that it makes available to you under any Other Agreement shall be governed by the Other Agreement under which such product or service is provided. However, these Terms and Conditions will also apply unless otherwise provided in the Other Agreement.

26. Entire Agreement

The failure of ours to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. The Terms and Conditions and any policies or operating rules posted by us on this Website or in respect to the Services constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions). Any ambiguities in the interpretation of the Terms and Conditions shall not be construed against us.

27. Governing Law and Jurisdiction

The Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of India and Courts in Delhi shall have exclusive jurisdiction in case of a dispute.

28. Changes to Terms and Conditions

You can review the most current version of the Terms and Conditions at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of the Terms and Conditions by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website or the Services following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.

29. Contact Information

If you have any complaints or queries with respect to the Services offered by the Company through the Website or if you have any questions regarding these Terms and Conditions, please feel free to connect at ankur@thepivothealth.com.