I. These Terms & Conditions (hereinafter referred to as the “Terms”, “Terms and Conditions” or “Agreement”) constitute a legally binding agreement between you and FortyFlex, operated by FortyFlex (hereinafter referred to as the “Company”, “FortyFlex”, “we”, “us” or “our”). These Terms govern and regulate your access to, browsing of and use of the FortyFlex website, together with any associated webpages, landing pages, digital platforms, applications, social-media channels, online portals and other digital properties operated or controlled by the Company (collectively, the “Website”), as well as your access to or participation in any fitness, exercise, strength-training, nutrition, wellness, healthy-ageing, lifestyle, educational, coaching or other programmes, courses, memberships, subscriptions, digital products, downloadable or streamed content, services, materials and other offerings made available by or through FortyFlex from time to time (collectively, the “Services”). These Terms shall apply whether you access the Website or Services as a visitor, user, registered user, subscriber, purchaser, participant, member, client or otherwise.


II. By accessing, visiting, browsing, registering with, creating an account on, communicating through, purchasing, subscribing to, enrolling in, participating in or otherwise using the Website or any of the Services, you expressly acknowledge and confirm that you have had an opportunity to read, understand and consider these Terms and that you agree to be legally bound by them. Your use of the Website or Services shall also constitute your acknowledgement and acceptance of all policies, notices, disclaimers and other terms expressly incorporated into these Terms, including, without limitation, the FortyFlex Privacy Policy, FortyFlex Fitness, Health & Medical Disclaimer, FortyFlex Refund, Cancellation & Payment Policy, and any applicable programme-specific terms, subscription terms, purchase terms, consent notices, cookie notices or other policies or guidelines displayed or made available to you from time to time (collectively, the “Applicable Policies”). The Applicable Policies shall be read together with these Terms and shall form an integral part of this Agreement to the extent applicable to the particular Website or Service being accessed or purchased. In particular, you acknowledge that the fitness, exercise, nutrition, wellness, healthy-ageing and related information made available by FortyFlex is intended primarily for general educational and informational purposes and is not, unless expressly stated otherwise and provided by an appropriately qualified professional in the relevant context, a substitute for medical, clinical, diagnostic, therapeutic, dietary or other professional healthcare advice. You further acknowledge that physical exercise and changes to diet or lifestyle may involve inherent risks and that individual results may vary; that FortyFlex does not guarantee any particular weight-loss, fat-loss, muscle-gain, strength, fitness, health, recovery, energy, sleep, longevity or other outcome; and that you are responsible for determining whether any exercise, programme, dietary approach or other recommendation is appropriate for your individual circumstances and for obtaining appropriate professional medical or other advice wherever necessary. The applicable disclaimers and limitations contained in the Applicable Policies shall apply in addition to, and shall be read together with, these Terms and shall not be treated as a substitute for any warning, qualification or disclosure required by applicable law. If you do not agree to these Terms or any Applicable Policy, or if you are unwilling or unable to comply with them, you must not access, browse, register for, purchase, subscribe to, participate in or otherwise use the Website or any of the Services.

1. ABOUT

FortyFlex is a fitness, exercise, movement, wellness and healthy-ageing platform primarily intended for adults seeking practical, sustainable and informed approaches to improving and maintaining their physical fitness, strength, mobility, body composition, lifestyle and overall physical well-being, with particular emphasis on individuals in and around the age of forty (40) and above.

1. NATURE AND SCOPE

1.1 FortyFlex may provide, develop, publish, facilitate or otherwise make available, directly or through appropriately engaged professionals, partners or service providers, a range of fitness, wellness, educational and related products and services through its website, digital platforms, social-media channels and other authorised platforms.

1.2 Depending upon the nature of the offering made available from time to time, the Services may include, without limitation:

  • general fitness, exercise, strength, movement, mobility and physical-activity education;
  • workout routines, exercise demonstrations, training programmes and fitness plans;
  • guidance relating to strength, conditioning, flexibility, balance, mobility, recovery and physical performance;
  • general information and educational guidance relating to nutrition, dietary practices, meal planning, hydration, weight management and body composition;
  • lifestyle and wellness education, including information relating to healthy ageing, sleep, recovery, habits and physical well-being;
  • fitness assessments, goal-setting, progress tracking and related support, where offered;
  • individual or group fitness coaching, personal training, consultations or other personalised guidance, where expressly offered;
  • nutrition or dietary guidance and planning, where lawfully offered and appropriately qualified personnel are engaged for such services;
  • online or offline fitness programmes, courses, workshops, challenges, classes, memberships or subscriptions;
  • digital products and resources, including videos, recorded sessions, articles, guides, workout plans, educational materials and other downloadable or streamed content;
  • mobile applications, online platforms, member portals, fitness tools or other technology-enabled services;
  • fitness, wellness or educational events, workshops, retreats or community activities;
  • corporate or workplace wellness and fitness initiatives;
  • product recommendations, reviews, brand collaborations, affiliate arrangements, sponsorships and other commercially associated content; and
  • such other fitness, wellness, educational, lifestyle or related products and services as FortyFlex may introduce from time to time.

1.3 FortyFlex may also collaborate with or provide access to independent trainers, coaches, nutrition professionals, dieticians, physiotherapists, healthcare professionals, consultants, instructors, technology providers, content creators, brands or other third parties in connection with particular Services. Where a Service is provided by a third party or requires professional qualifications, the nature and scope of such Service shall be subject to the qualifications, terms and applicable legal or regulatory requirements governing the person providing it.

1.4 Unless expressly stated otherwise, information and Content made available through FortyFlex concerning fitness, exercise, nutrition, weight management, healthy ageing, sleep, recovery, lifestyle or related subjects is provided for general educational and informational purposes only and is not intended to constitute medical, clinical, diagnostic, therapeutic, rehabilitative or other professional healthcare advice. Any personalised fitness, nutrition or other professional service, where offered, shall be subject to the specific terms applicable to that Service.

1.5 The Services described in these Terms are illustrative and non-exhaustive and describe the present and potential scope of the FortyFlex business. The inclusion of any particular Service or category does not constitute a representation or warranty that such Service is currently available or will necessarily be introduced. The specific Services, features, programmes and products available to a User at any particular time shall be those expressly offered or made available by FortyFlex through its authorised platforms. Subject to applicable law and any contractual commitments already undertaken, FortyFlex reserves the right to introduce, modify, suspend, discontinue, replace or otherwise alter any Service, Programme, feature or Content from time to time.

1.6 Nothing contained in these Terms shall be interpreted as authorising FortyFlex or any person associated with it to provide a service for which the applicable person or entity is not appropriately qualified, licensed, registered or otherwise legally permitted to provide. Any Service involving personalised advice, professional consultation or other regulated activity shall be provided only to the extent permitted by applicable law and subject to the qualifications and requirements applicable to such Service.

1.7 The specific terms relating to any particular Programme or paid Service, including its scope, duration, access, eligibility, pricing, payment, cancellation, refund and other applicable conditions, may be separately communicated to the User and shall be read together with these Terms. In the event of a direct conflict, the specific terms applicable to that Programme or Service shall prevail only to the extent of such conflict and subject always to applicable law

2. DEFINITIONS

For the purposes of these Terms, unless the context otherwise requires, the following expressions shall have the meanings assigned to them below:

a) “FortyFlex”, means which owns, operates or is responsible for the FortyFlex brand, Website and/or Services, and includes its authorised
representatives, personnel, contractors and permitted successors and assigns, as the context may require.

b) “Account” means any account, profile, login credentials or user access created by or provided to a User for accessing any part of the Website or
Services that requires registration.


c) “Applicable Policies” means the policies, notices, disclaimers and other terms applicable to the Website or Services, including the Privacy Policy, Fitness,
Health & Medical Disclaimer, Refund, Cancellation & Payment Policy, Cookie Policy (where applicable), programme-specific terms and any other
policies or guidelines expressly incorporated into these Terms from time to time.


d) “Content” means all material and information made available by or on behalf of FortyFlex through the Website or Services, whether in physical, digital, audio, visual, written or other form, including text, articles, blogs, graphics, photographs, illustrations, images, videos, reels, audio, podcasts, recordings, exercise demonstrations, workout routines, programmes, guides, educational materials, downloadable or streamed materials, software, designs, logos, trademarks and other proprietary or informational material.


e) “Programme” means any fitness, exercise, strength, movement, nutrition, wellness, lifestyle, healthy-ageing, coaching, educational or related
programme, course, challenge, class, membership or subscription offered or made available by FortyFlex, whether online or offline and whether provided
on a free, paid, one-time, recurring or other basis.

f) “Services” means collectively the products, programmes, courses, coaching, consultations, memberships, subscriptions, digital products, educational
services, Content and other fitness, wellness, lifestyle or related services and offerings made available by FortyFlex from time to time.


g) “Personalised Services” means any Service specifically tailored or provided to an individual or defined group based on information, goals, requirements,
circumstances or feedback provided by or relating to the User, including personalised fitness plans, coaching, training, assessments, consultations,
nutrition or meal-planning guidance, where such Services are expressly offered by FortyFlex.


h) “User”, “you” or “your” means any individual who accesses, browses, registers with, purchases, subscribes to, participates in or otherwise uses the Website or any Services, whether as a visitor, registered user, customer, subscriber, participant, member or otherwise.


i) “User Content” means any content, information or material submitted, uploaded, posted, transmitted or otherwise provided by a User to or through
the Website or Services, including comments, reviews, feedback, questions, photographs, videos, testimonials, transformation stories and other
submissions.


j) “Third-Party Content” means any content, material, information, products, services, links or resources made available through or in connection with the
Website or Services that are owned, controlled, supplied or published by a person or entity other than FortyFlex.


k) “Third-Party Services” means services, platforms, websites, applications, software, payment gateways, hosting providers, social-media or videosharing platforms, communication tools, analytics services, technology providers and other services or facilities operated or provided by third parties
and which may be accessed, integrated with, linked to or used in connection with the Website or Services.


l) “Purchase” means any transaction through which a User acquires or obtains access to a paid Programme, Service, digital product, subscription,
membership, course or other paid offering made available by FortyFlex.


m) “Website” means the FortyFlex website and any webpages, landing pages, portals, sub-domains, successor domains or replacement websites operated,
controlled or authorised by FortyFlex from time to time.


n) “Third Party” means any person or entity other than FortyFlex and the relevant User.

3. ELIGIBILITY AND USER REQUIREMENTS

3.1 General Eligibility

The Website may contain general fitness, exercise, wellness, lifestyle and educational Content that may be viewed by a broad audience. However, unless expressly stated otherwise, paid Services, Programmes, Personalised Services, coaching, consultations, memberships and other contractual offerings are intended for persons who are eighteen (18) years of age or older and who are legally competent to enter into a binding contract under applicable law. Certain Services may be subject to additional age, health, fitness, qualification, geographical, professional or other eligibility requirements, which shall be communicated to the User before or at the time of registration, enrolment or purchase.

3.2 User Representations

By accessing or using the Website or any Services, and in particular by registering for an Account, purchasing a Service, enrolling in a Programme or providing information for the purpose of receiving a Service, you represent and warrant that:

  • you meet the applicable age and eligibility requirements for the relevant Website or Service;
  • you have the legal capacity and authority to enter into and perform your obligations under these Terms;
  • all information and particulars provided by you to FortyFlex are true, accurate, complete and not misleading;
  • you will promptly update any information provided to FortyFlex if it becomes inaccurate or materially changes;
  • you will use the Website and Services only for lawful purposes and in accordance with these Terms;
  • you will comply with all applicable laws, rules and regulations while accessing or using the Website and Services;
  • where required for a particular Service, you will provide accurate and relevant information concerning your fitness level, physical limitations, injuries, medical or other relevant circumstances; and
  • you will not use another person’s identity, Account, payment credentials or other information without lawful authority or consent.

3.3 Fitness and Health-Related Eligibility

Certain Programmes or Services may involve physical exercise, changes in physical activity, nutrition or lifestyle practices and may therefore require the User to satisfy particular health, fitness or other eligibility requirements. You are responsible for determining whether you are physically and otherwise capable of safely participating in a particular Programme or Service. Where you have any medical condition, injury, physical limitation, disability, pregnancy, are recovering from illness or surgery, are taking medication that may affect your ability to exercise, or have any other circumstance that may reasonably affect your ability to participate safely, you should obtain appropriate advice from a suitably qualified healthcare professional before commencing the relevant activity. Where a particular Service requires health, fitness or other information from you, you agree to provide such information accurately and completely. FortyFlex may, where reasonably necessary for safety, legal compliance or proper provision of a Service, decline, suspend or discontinue participation where the applicable
eligibility requirements are not satisfied.

3.4 Programme-Specific Requirements

FortyFlex may prescribe additional eligibility requirements for particular Programmes or Services, including requirements relating to:

  • minimum or maximum age;
  • fitness level or prior experience;
  • equipment or facilities;
  • geographical location;
  • professional or educational qualifications;
  • health or physical capability;
  • participation capacity;
  • required information or documentation; or
  • any other requirement reasonably necessary for the safe, lawful or effective provision of the relevant Service.

Where such requirements apply, they shall prevail for that particular Programme or Service to the extent of any inconsistency with the general eligibility requirements contained in these Terms.

3.5 Minors

FortyFlex does not intend to knowingly enter into contracts for paid Services with persons who are not legally competent to contract.Where any Content is accessible to persons below eighteen (18) years of age, such access shall not by itself constitute an offer or representation that the relevant Programme, exercise, nutrition guidance or other Service is suitable for minors. Where a Service is expressly made available to a minor, it may be subject to additional requirements, including verified parental or legal guardian consent, age verification, supervision requirements and other safeguards required by applicable law. A parent or lawful guardian who permits a minor to access any FortyFlex Content or Service is responsible for ensuring that such access is appropriate and adequately supervised.

3.6 Right to Refuse or Restrict Access

To the extent permitted by applicable law, FortyFlex reserves the right to refuse, restrict, suspend or terminate access to any Service where:

  • the User does not satisfy the applicable eligibility requirements;
  • information supplied by the User is materially false, inaccurate or misleading;
  • the User has breached these Terms or any Applicable Policy;
  • access or continued participation may create a reasonable safety, security or legal concern;
  • the User has engaged in fraudulent, abusive or unlawful conduct; or
  • such action is otherwise reasonably necessary to protect the User, other users, FortyFlex, its personnel or third parties.

Where reasonably practicable and legally permissible, FortyFlex may provide the User with an opportunity to address or rectify the relevant issue before access is restricted or terminated.

4. ACCEPTANCE OF THESE TERMS

4.1 By accessing, browsing, registering on, creating an Account through, purchasing, subscribing to, enrolling in, participating in or otherwise using the Website or any of the Services, you acknowledge that you have read, understood and agreed to be bound by these Terms and the Applicable Policies incorporated herein. Your acceptance may be evidenced by your continued use of the Website or Services, or by clicking, selecting or otherwise indicating acceptance through an “I Agree”, “Accept”, “Register”, “Purchase”, “Subscribe”, “Enrol” or similar mechanism provided by FortyFlex. If you do not agree to these Terms or any Applicable Policy, you must not access or use the relevant Website or Service.


4.2 These Terms shall be read together with the FortyFlex Privacy Policy, Fitness, Health & Medical Disclaimer, Refund, Cancellation & Payment Policy, and any programmespecific, subscription-specific or other terms expressly made applicable to a particular Service (collectively, the “Applicable Policies”). Such Applicable Policies shall form an integral part of these Terms to the extent applicable. Where a specific term applicable to a particular Programme or Service conflicts with these Terms, such specific term shall prevail only in relation to that Programme or Service and to the extent of such conflict, subject always to applicable law and mandatory statutory rights.


4.3 You acknowledge that these Terms and any agreement, consent, registration, Purchase or other transaction entered into through the Website or Services may be concluded and accepted electronically and that such electronic acceptance and records may constitute valid evidence of your agreement, to the extent permitted by applicable law. FortyFlex may amend these Terms from time to time in accordance with the provisions contained herein, and where required by applicable law, appropriate notice or fresh consent shall be obtained.

5. CHANGES TO THESE TERMS

5.1 FortyFlex may update or modify these Terms from time to time to reflect:

  • changes in the Services;
  • changes in technology;
  • changes in applicable law or regulatory requirements;
  • changes in business practices; or
  • improvements to the Website or Services.

5.2 The updated version will be posted on the Website with a revised “Last Updated” date.

5.3 Where required by applicable law, or where a change materially affects your existing rights or obligations, we will provide an appropriate notice.

5.4 Your continued use of the Website or Services after the effective date of revised Terms constitutes acceptance of the revised Terms to the extent legally permissible.

6. WEBSITE USE

6.1 The Website and its Content are made available for your personal, lawful and noncommercial use, unless otherwise expressly authorised by FortyFlex. You agree to use the Website and Services responsibly and in accordance with these Terms, the Applicable Policies and all applicable laws. You shall not use the Website or any Content in any manner that may damage, disable, overburden, impair or interfere with its operation, security or availability, or that may adversely affect FortyFlex or any other User.

6.2 Without limiting the foregoing, you shall not use the Website or Services to engage in any unlawful, fraudulent, abusive, defamatory or unauthorised activity; impersonate any person or entity; attempt to obtain unauthorised access to any account, system, data or portion of the Website; introduce or transmit any virus, malware or other harmful code; circumvent any security or access-control mechanism; use automated means to scrape, crawl, copy or systematically extract Content or data; or reproduce, distribute, publish, sell, commercially exploit or otherwise misuse any Content except as expressly permitted by these Terms or with the prior written consent of FortyFlex

6.3 FortyFlex reserves the right, without prejudice to any other rights or remedies available to it, to suspend, restrict or terminate access to the Website or any Service where it reasonably believes that a User has violated these Terms, any Applicable Policy, applicable law, or the security or proper functioning of the Website or Services. Nothing in this Clause shall restrict any rights or remedies available to a User under applicable law.

7. ACCOUNTS AND REGISTRATION

7.1 Certain features, Programmes or Services may require you to register with FortyFlex and create an Account by providing certain information, including your name, contact details, email address, telephone number, payment or billing information and such other information as may reasonably be required for providing the relevant Service. You agree that all information provided by you shall be true, accurate, current and complete and that you shall promptly update such information if it changes.

7.2 Where an Account is created, you are responsible for maintaining the confidentiality and security of your login credentials and for all activities carried out through your Account, except to the extent attributable to a failure by FortyFlex to maintain reasonable security. You shall not share, transfer, sell, sublicense or otherwise permit any other person to use your Account or access credentials. You shall promptly notify FortyFlex if you become aware of any unauthorised access to or use of your Account.

7.3 FortyFlex reserves the right to refuse registration, suspend or terminate an Account, or restrict access to any Service where information provided is materially inaccurate or misleading, the Account is being misused, or where such action is reasonably necessary to protect the security, integrity or proper functioning of the Website or Services or to comply with these Terms, the Applicable Policies or applicable law.

8. FITNESS, WELLNESS AND EDUCATIONAL SERVICES

8.1 FortyFlex provides fitness, exercise, strength, movement, nutrition, wellness, healthy-ageing and lifestyle-related Content and Services for general educational, informational and fitness-support purposes. Unless expressly stated otherwise, such Content and Services are not intended to constitute medical, clinical, diagnostic, therapeutic, rehabilitative, psychological, nutritional or other professional healthcare advice, diagnosis or treatment, and do not create any doctor-patient, therapist-patient, dietician-client or other healthcare professional relationship between you and FortyFlex.

8.2 Participation in physical exercise, changes in diet, nutrition or lifestyle and use of any fitness or wellness Programme may involve risks and may not be suitable for every individual. You are responsible for assessing your own circumstances and capabilities and should obtain appropriate advice from a suitably qualified medical, healthcare, fitness or nutrition professional before commencing any Programme or making significant changes to your exercise, diet or lifestyle, particularly where you have any medical condition, injury, disability, physical limitation, are recovering from illness or surgery, are pregnant, or are taking medication or otherwise have concerns regarding your ability to participate safely.

8.3 FortyFlex does not guarantee any particular result or outcome from the use of its Content or Services, including any specific weight loss, fat loss, muscle gain, increase in strength or fitness, improvement in energy, sleep, recovery, mobility, performance, health or longevity. Individual results may vary substantially depending on a person’s circumstances, adherence and other factors. The FortyFlex Fitness, Health & Medical Disclaimer forms an integral part of these Terms and shall be read together with this Clause and shall apply to all applicable Content and Services.

9. NUTRITION AND DIETARY INFORMATION

9.1 FortyFlex may provide general educational and informational Content relating to nutrition, food choices, dietary practices, meal planning, hydration, calorie and nutrient intake, protein and other macronutrients, weight management, body composition and nutrition strategies associated with fitness and healthy living. Such information is intended to support general education and informed lifestyle choices and shall not, unless expressly provided as a professional service by an appropriately qualified person, constitute personalised medical nutrition therapy, diagnosis, treatment or individualised healthcare advice.

9.2 Where FortyFlex expressly offers personalised nutrition, dietary, meal-planning or related guidance, such Services shall be provided only to the extent permitted by applicable law and, where required, through appropriately qualified professionals. Any such guidance shall be based on the information made available by the User and shall not be treated as a substitute for medical or other professional advice where such advice is required. Users are responsible for informing the relevant professional or FortyFlex of any material allergies, intolerances, medical conditions, dietary restrictions, medications or other circumstances that may reasonably affect the suitability of a recommendation.

9.3 FortyFlex does not guarantee that any particular nutrition or dietary approach will result in a specific amount of weight loss, fat loss, muscle gain, improved health, energy, performance or any other outcome. Individual responses to food, nutrition and lifestyle changes vary. Users should obtain appropriate advice from a suitably qualified healthcare or nutrition professional before making significant dietary changes, particularly where they have a medical condition, allergy, dietary restriction or other health-related concern. The FortyFlex Fitness, Health & Medical Disclaimer shall apply to all nutrition and dietary Content and Services to the extent applicable.

10. EXERCISE SAFETY

10.1 Physical exercise involves inherent risks, including but not limited to:

  • muscle soreness;
  • strains and sprains;
  • falls;
  • overexertion;
  • aggravation of existing injuries;
  • musculoskeletal injury;
  • dizziness or fainting;
  • cardiovascular events; and
  • other physical injury or adverse health events.

10.2 You voluntarily undertake physical activity and are responsible for exercising within your individual capabilities.

10.3 You should use appropriate equipment, footwear, space and environmental conditions when following exercise demonstrations.

10.4 Do not attempt an exercise merely because it appears in a FortyFlex video or other Content if you are unable to perform it safely.

10.5 You should modify, discontinue or avoid any exercise that causes pain, unusual discomfort, dizziness, breathlessness beyond what is reasonably expected from exertion, or other concerning symptoms.

10.6 FortyFlex does not assume responsibility for injuries resulting from a user’s failure to follow reasonable safety practices, use appropriate equipment, disclose relevant information where personalised services require it, or seek professional advice where appropriate.

11. RESULTS AND INDIVIDUAL OUTCOMES

11.1 FortyFlex may publish or communicate information, examples, testimonials, case studies or other Content concerning potential or observed benefits associated with exercise, strength training, nutrition, lifestyle practices, weight management, healthy ageing and related activities. Such information is provided for general educational and illustrative purposes and shall not be understood as a promise, representation or guarantee that you will achieve the same or any particular result.

11.2 Individual results from any Programme or Service may vary significantly depending on factors including age, physical condition, fitness level, health circumstances, diet, lifestyle, adherence, consistency, genetics and other individual factors. Accordingly, FortyFlex does not guarantee any particular amount or rate of weight loss, fat loss, muscle gain, increase in strength or fitness, improvement in energy, mobility, sleep, recovery, performance, health, longevity or any other specific outcome.

11.3 Testimonials, reviews, transformation stories, photographs, videos and other experiences shared by Users or other persons represent the experiences of the respective individuals and should not be treated as representative or typical results unless expressly stated and appropriately substantiated. Any examples of results or outcomes are provided for illustrative purposes only and do not constitute a guarantee or assurance of similar results.

12. CONTENT AND HEALTH-RELATED CLAIMS/INFORMATION

12.1 The Website and Services may contain Content relating to fitness, exercise, strength, movement, nutrition, weight management, healthy ageing, sleep, recovery, lifestyle, wellness and other related subjects. FortyFlex endeavours to provide Content that is responsible, useful and reasonably accurate; however, such Content may be based on general information, available research, professional contributions, personal experiences or other sources and may not be suitable or applicable to every individual.

12.2 Content published by FortyFlex is provided for general informational and educational purposes and should not be relied upon as a substitute for individual professional advice or as a basis for diagnosing, treating, preventing or managing any medical or health condition. You should exercise your own judgment and obtain appropriate advice from a suitably qualified professional where your individual circumstances require it. FortyFlex may update, modify, correct or remove Content from time to time where it considers this appropriate.

12.3 Nothing contained in the Website or Services is intended to create a representation or guarantee that any particular exercise, dietary approach, lifestyle practice, recommendation or Programme will be appropriate, safe or effective for every User. References to scientific research, studies, experts, products, brands or third-party information are provided for informational purposes and do not necessarily constitute an endorsement or guarantee by FortyFlex. The FortyFlex Fitness, Health & Medical Disclaimer shall apply to all Content to the extent applicable.

13. PROGRAMMES AND SERVICES

13.1 Details relating to any particular Programme or Service, including its nature, scope, features, duration, eligibility requirements, pricing, access period and other applicable conditions, shall be communicated on the relevant Website page, registration or purchase interface or through other authorised FortyFlex communications. You agree to review such information before registering for, purchasing or participating in the relevant Programme or Service.

13.2 FortyFlex may, from time to time, introduce, modify, update, replace, suspend or discontinue any Programme, Service, feature or component thereof, including its content, structure, format, delivery method or availability, where reasonably necessary for improvement, safety, technical, operational, legal or other legitimate purposes. Where a material change substantially affects a paid Service already purchased by you, FortyFlex shall provide such remedy or adjustment as may be required under the applicable terms or law.

13.3 Unless expressly stated otherwise, enrolment in or purchase of a Programme or Service grants you a limited, personal, non-exclusive, non-transferable and revocable right to access and use the relevant Programme or Service for its stated purpose and applicable access period. Such access does not transfer any ownership or intellectualproperty rights in the Programme, its Content or any related materials to you.

14. DIGITAL CONTENT AND ACCESS

14.1 Programmes and Services may be delivered or made available through the Website, email, online portals, mobile applications, learning platforms, video-hosting services, communication platforms or other digital or third-party platforms. Access to certain Content may require a compatible device, software, internet connection, valid Account or other technical requirements specified by FortyFlex.

14.2 You acknowledge that uninterrupted or error-free access to digital Content cannot always be guaranteed and that temporary interruption or unavailability may occur due to maintenance, technical issues, internet or telecommunications failures, cybersecurity incidents, third-party platform failures or other circumstances beyond the reasonable control of FortyFlex. FortyFlex shall use reasonable efforts to restore material interruptions within its control.

14.3 Unless expressly permitted by FortyFlex or applicable law, digital Programmes, videos, recordings, guides, documents and other Content provided to you are for your personal use only and must not be copied, reproduced, recorded, downloaded except through an authorised facility, distributed, published, transmitted, shared, resold, sublicensed or otherwise commercially exploited. Your access to digital Content shall automatically cease or may be withdrawn upon expiry or termination of the applicable Programme or Service, subject to any rights that may apply under the relevant Purchase or applicable law.

15. PURCHASES AND PAYMENTS

15.1 Where any Programme, Service, digital product, membership, subscription or other offering is provided on a paid basis, the applicable price, payment terms, duration, access period, inclusions and other material conditions shall be displayed or communicated to you before completion of the Purchase. You are responsible for reviewing such information and ensuring that the details provided by you are accurate before completing the transaction.

15.2 Unless otherwise stated, all prices shall be in Indian Rupees and shall be inclusive or exclusive of applicable taxes, charges or fees as expressly indicated at the time of Purchase. FortyFlex reserves the right to change its prices, offers or pricing structure from time to time; however, any change shall not affect a Purchase already completed, except where otherwise expressly agreed or permitted by applicable law.

15.3 Payments may be processed through third-party payment gateways or other authorised payment service providers. By completing a Purchase, you authorise the applicable payment provider to process the transaction using the payment method selected by you. You agree to provide accurate and complete billing and payment information and acknowledge that the processing of your payment may also be subject to the terms and privacy policies of the relevant payment provider.

15.4 A Purchase shall be considered completed only upon successful receipt or confirmation of payment by FortyFlex or its authorised payment provider. FortyFlex reserves the right to decline, cancel or place on hold a transaction where payment is unsuccessful, unauthorised, fraudulent, disputed, or where an obvious pricing or technical error has occurred, subject always to applicable law and any refund or consumer rights available to you.

15.5 Except as expressly provided in the applicable Programme or Service terms, the FortyFlex Refund, Cancellation & Payment Policy shall govern cancellations, refunds, failed transactions and related matters. Nothing in these Terms is intended to exclude or restrict any mandatory consumer or statutory right relating to a Purchase.

16. SUBSCRIPTIONS AND RECURRING PAYMENTS

16.1 Where FortyFlex offers any membership, subscription or other recurring Service, the applicable subscription page or Purchase interface shall clearly specify the applicable subscription fee, billing frequency, subscription period, renewal terms, cancellation procedure and any other material conditions before you complete the Purchase.

16.2 By subscribing to a recurring Service, you authorise FortyFlex or its authorised payment service provider to charge the applicable recurring fee using the payment method selected by you, in accordance with the subscription terms disclosed at the time of Purchase. You are responsible for ensuring that your payment information remains valid and that sufficient funds are available for authorised recurring payments.

16.3 You may cancel a subscription in accordance with the cancellation procedure communicated at the time of Purchase or subsequently made available by FortyFlex. Cancellation shall ordinarily prevent future recurring charges from the applicable cancellation date but shall not, by itself, entitle you to a refund of amounts already validly charged, except where provided under the applicable refund terms or required by applicable law.

16.4 FortyFlex may modify subscription pricing or terms from time to time, subject to providing such notice and obtaining any consent that may be required under applicable law. Any renewal or recurring-payment arrangement shall not be presented through misleading, deceptive or concealed terms, and material payment and renewal conditions shall be disclosed to you before you subscribe.

17. REFUNDS, CANCELLATIONS AND CHARGEBACKS

17.1 Refunds, cancellations, rescheduling, termination of subscriptions and other matters relating to payments shall be governed by the FortyFlex Refund, Cancellation & Payment Policy, together with any specific refund or cancellation terms disclosed for the relevant Programme or Service at the time of Purchase. You are advised to review the applicable terms before completing any Purchase.

17.2 Where a refund or cancellation is permitted, requests must be made through the procedure and within the applicable period specified in the relevant policy or Programme terms. Refunds, where approved, shall ordinarily be processed through the original payment method or such other method as may be reasonably determined by FortyFlex or the relevant payment provider

17.3 Nothing in these Terms or the Refund, Cancellation & Payment Policy is intended to exclude, restrict or waive any statutory consumer right or remedy that cannot lawfully be excluded or waived. FortyFlex reserves the right to take appropriate action in respect of fraudulent, unauthorised or abusive refund requests or chargebacks, subject to applicable law.

18. INTELLECTUAL PROPERTY

18.1 Unless expressly stated otherwise, all Content made available through the Website or Services, including the FortyFlex name and brand, logos, trademarks, designs, text, articles, photographs, graphics, videos, audio, recordings, exercise demonstrations, workout routines, Programmes, courses, guides, digital materials, software, compilations and other materials, is owned by, licensed to or otherwise lawfully used by FortyFlex and is protected by applicable intellectual-property laws.

18.2 Subject to these Terms, FortyFlex grants you a limited, personal, non-exclusive, non-transferable and revocable right to access and use the Content solely for your personal, non-commercial purposes and for the intended use of the relevant Website or Service. Except as expressly permitted by these Terms or applicable law, no ownership or other proprietary right in any Content is transferred or granted to you.

18.3 You shall not, without the prior written permission of FortyFlex or the applicable rights holder, reproduce, copy, modify, adapt, distribute, publish, transmit, communicate to the public, sell, license, sublicense, commercially exploit, create derivative works from or otherwise use any Content, in whole or in substantial part. You shall also not remove, alter or obscure any copyright, trademark, attribution or other proprietary notice contained in the Content.

18.4 The FortyFlex name, logo, trademarks, service marks, trade dress and other brand elements may not be used in connection with any product, service, website, social-media account or other activity in a manner that may cause confusion, imply endorsement or suggest an association with FortyFlex without its prior written consent.

18.5 Nothing in these Terms prevents you from exercising any rights expressly permitted under applicable law, including any statutory exception or limitation to intellectualproperty rights.

19. PROGRAMME MATERIALS AND PROHIBITION ON RESALE

19.1 Programme materials are licensed to you for personal use only.

19.2 You must not:

  • share your login credentials;
  • upload Programme materials to file-sharing services;
  • reproduce an entire Programme;
  • distribute Programme videos or PDFs;
  • sell or resell Programme materials;
  • use the materials to conduct competing commercial classes;
  • create a substantially similar commercial programme using FortyFlex’s proprietary materials; or
  • remove copyright, trademark or ownership notices.

19.3 Nothing in this clause prevents you from exercising rights expressly granted to you under applicable law.

20. USER CONTENT, TESTIMONIALS AND SUBMISSIONS

20.1 Users may, where enabled, submit comments, reviews, testimonials, photographs, videos, questions, feedback or other material (“User Content”).

20.2 You retain ownership of User Content, subject to the licence granted below.

20.3 By submitting User Content, you represent that:

  • you own or control the necessary rights;
  • the submission does not infringe another person’s rights;
  • you have obtained required consent from identifiable persons appearing in the submission;
  • the submission is not unlawful, defamatory, obscene or fraudulent; and
  • the submission does not contain confidential information that you are not authorised to disclose.

20.4 To the extent permitted by law, you grant FortyFlex a non-exclusive, worldwide, royalty-free licence to host, reproduce, display and use User Content for operating, improving and promoting FortyFlex, subject to any specific consent or restrictions presented to you at the time of submission.

20.5 Where a User Content submission is intended to be used publicly as a testimonial, transformation story, photograph or video, FortyFlex may seek additional consent for such promotional use.

20.6 We may remove User Content that violates these Terms or applicable law.

21. USER CONTENT, FEEDBACK AND TESTIMONIALS

21.1 Where the Website or Services permit you to submit, upload, post, transmit or otherwise provide any content or material to FortyFlex, including comments, reviews, feedback, questions, photographs, videos, testimonials, transformation stories, experiences or other submissions (collectively, “User Content”), you remain responsible for the User Content submitted by you and for ensuring that you have all necessary rights, permissions and consents to submit and permit its use.

21.2 By submitting User Content, you grant FortyFlex a non-exclusive, worldwide, royalty-free, transferable and sublicensable licence, to the extent permitted by law, to host, store, reproduce, display, publish, adapt, edit, format, distribute and otherwise use such User Content for the purposes of operating, providing, improving, communicating about and promoting FortyFlex and its Services, through its Website, social-media channels and other authorised media. Where required by applicable law or where a particular use materially exceeds the purpose for which the User Content was submitted, FortyFlex shall obtain appropriate consent before such use.

21.3 You represent that the User Content submitted by you does not knowingly infringe any third-party intellectual-property, privacy, publicity or other rights and is not unlawful, defamatory, misleading, obscene, abusive or fraudulent. You shall not submit confidential, sensitive or personal information relating to another person without having the necessary authority or consent to do so.

21.4 FortyFlex may, but is not obligated to, review, moderate, edit, refuse to publish or remove User Content where it reasonably considers that such content violates these Terms, the Applicable Policies, applicable law, or the rights or safety of FortyFlex, its Users or any third party.

21.5 Testimonials, reviews, photographs, videos and transformation stories may be used by FortyFlex for informational or promotional purposes only where the necessary permission or consent has been obtained. Individual testimonials and experiences reflect the views and circumstances of the respective persons and shall not be construed as a representation or guarantee of typical or expected results for other Users.

22. SOCIAL MEDIA AND THIRD-PARTY PLATFORMS

22.1 FortyFlex may maintain or operate accounts on platforms including Instagram, YouTube and other social-media or digital platforms.

22.2 Your use of those platforms is subject to the relevant platform’s terms and policies in addition to these Terms.

22.3 FortyFlex does not control the operation, availability, algorithms, moderation, advertising policies or privacy practices of third-party platforms.

22.4 Content published by FortyFlex on third-party platforms may be subject to different formatting, availability and functionality.

22.5 Social-media comments, direct messages and other communications may not constitute formal customer-support or medical-advice channels unless expressly designated as such.

23. THIRD-PARTY CONTENT AND LINKS

23.1 The Website or Content may contain links to third-party websites, products, services, applications or resources.

23.2 Such links are provided for convenience or informational purposes.

23.3 FortyFlex does not necessarily endorse or control third-party websites or services and is not responsible for their content, availability, security, privacy practices or terms.

23.4 You access third-party services at your own discretion and should review the applicable third-party terms and privacy policies.

24. ADVERTISING, AFFILIATE LINKS AND SPONSORED CONTENT

24.1 FortyFlex may, from time to time, publish, display or communicate advertisements, product recommendations, reviews, affiliate links, sponsored content, brand collaborations, partnerships or other commercial content through the Website, Services, social-media channels, newsletters, videos or other platforms. Such content may relate to fitness, exercise, nutrition, wellness, lifestyle, fitness equipment, apparel, technology or other products and services considered relevant to the FortyFlex audience.

24.2 Where FortyFlex has a material commercial relationship with a third party, including through sponsorship, paid collaboration, affiliate commission, free or discounted products or services, or any other commercial arrangement requiring disclosure, FortyFlex shall make such disclosure in accordance with applicable law, advertising standards and the policies of the relevant platform. The existence of such a relationship does not by itself constitute a representation that every claim or feature of the relevant product or service has been independently verified or endorsed by FortyFlex.

24.3 Any product or service recommendation, review or reference provided through FortyFlex is for informational purposes and should not be treated as a guarantee of the suitability, safety, effectiveness or performance of the relevant third-party product or service for every User. Users should make their own assessment and, where appropriate, obtain professional advice before purchasing or using any product or service, particularly where it may affect their health, nutrition or physical well-being.

24.4 FortyFlex may receive compensation, commission or other benefits from certain third-party links, recommendations or collaborations. Where applicable, the relevant commercial relationship or affiliate nature of the content will be disclosed in a manner reasonably intended to be clear and noticeable to the User. FortyFlex shall not knowingly use such arrangements to make claims that are prohibited by applicable law or applicable advertising standards.

25. USER RESPONSIBILITY

25.1 You acknowledge that your use of the Website and Services, including participation in any exercise, fitness, nutrition, wellness or lifestyle Programme, is undertaken voluntarily and subject to your own judgment and responsibility. You are responsible for assessing whether any Content, exercise, Programme, dietary recommendation or other Service is appropriate for your individual circumstances and for using the same in a safe and reasonable manner.

25.2 You agree to provide accurate and complete information wherever such information is required for the provision of a Service and to inform FortyFlex or the relevant professional of any material medical condition, injury, physical limitation, allergy, dietary restriction or other circumstance that may reasonably affect your participation or the suitability of a recommendation. You further agree to follow reasonable safety instructions and to discontinue any activity and seek appropriate professional or emergency assistance where you experience pain, injury, unusual symptoms or any other condition requiring medical attention.

25.3 You shall use the Website and Services only for their intended purposes and in accordance with these Terms, the Applicable Policies and applicable law. You shall not misuse, copy, share, resell or commercially exploit any restricted Content or Programme access, provide unauthorised access to another person, or otherwise engage in any conduct that may compromise the rights, safety, security or legitimate interests of FortyFlex, its personnel, other Users or any third party.

25.4 You acknowledge that FortyFlex cannot assess every aspect of your individual physical, medical, nutritional or personal circumstances through general Content or Services and that you remain responsible for obtaining appropriate professional advice where necessary. Nothing in these Terms transfers responsibility to FortyFlex for decisions that are required to be made by you or your qualified healthcare or other professional adviser.

26. PRIVACY AND PERSONAL DATA

26.1 FortyFlex may collect, use, store and otherwise process personal information in connection with your access to the Website and use of the Services, including information provided during registration, Purchases, communications, participation in Programmes and use of Website features. The manner in which such personal information is collected, used, disclosed, stored, retained and otherwise processed is governed by the FortyFlex Privacy Policy, which forms an integral part of these Terms.

26.2 Depending on the nature of the Services used, FortyFlex may require information relating to your fitness goals, physical activity, dietary preferences, exercise history, injuries, health-related circumstances or other information reasonably necessary for providing a particular Service. Where such information is collected, FortyFlex shall process it in accordance with applicable law, the Privacy Policy and any consent or notice requirements applicable to the relevant processing.

26.3 You agree to provide information that is accurate and lawful to provide and shall not knowingly provide personal information belonging to another person without the necessary authority or consent. Nothing in these Terms limits or excludes any rights available to you under applicable data-protection or privacy law.

27. COOKIES AND TRACKING TECHNOLOGIES

27.1 The Website may use cookies, pixels, tags, analytics tools and similar technologies.

27.2 Such technologies may be used for purposes including:

  • website functionality;
  • security;
  • analytics;
  • understanding website usage;
  • improving user experience;
  • measuring marketing performance; and
  • other purposes described in the Privacy Policy or applicable cookie notice.

27.3 Where required, the Website will provide appropriate notice and/or consent
mechanisms.

28. PROHIBITED ACTIVITIES

28.1 You shall not use the Website or Services for any unlawful, fraudulent, abusive or unauthorised purpose, or in any manner that violates these Terms, the Applicable Policies or applicable law. You shall not use the Website or Services to impersonate another person or entity, misrepresent your identity or affiliation, obtain or attempt to obtain another person’s Account or information, or otherwise interfere with the rights, privacy, security or legitimate interests of FortyFlex, its personnel, other Users or any third party.

28.2 Without limiting the foregoing, you shall not:

  • introduce, transmit or distribute any virus, malware, malicious code or other harmful material;
  • attempt to gain unauthorised access to the Website, Accounts, systems, networks or data;
  • circumvent or interfere with any security, access-control or technological protection measure;
  • scrape, crawl, harvest or systematically extract Content or data through automated or other unauthorised means;
  • copy, reproduce, distribute, publish, sell, resell, sublicense or commercially exploit any Programme or Content except as expressly permitted by these Terms;
  • share or transfer paid Programme or Service access or login credentials without authorisation;
  • use the Website or Services to promote or facilitate unlawful activities or to distribute unlawful, defamatory, fraudulent, obscene, threatening or otherwise objectionable material; or
  • engage in any activity that may damage, disrupt, overburden or impair the operation, availability or security of the Website or Services.

28.3 FortyFlex reserves the right to investigate suspected violations of this Clause and to take such action as may reasonably be necessary, including restricting or suspending access, removing User Content, terminating an Account or Service, and pursuing appropriate legal or other remedies, subject always to applicable law and any rights available to the User.

29. SUSPENSION AND TERMINATION

29.1 We may suspend or terminate access to an account or Service where reasonably necessary because of:

  • material breach of these Terms;
  • fraudulent or unlawful conduct;
  • misuse of Programme Content;
  • security concerns;
  • non-payment;
  • abuse of staff or other users; or
  • circumstances requiring suspension to comply with law.

29.2 Where appropriate and legally permissible, we may provide notice and an opportunity to remedy a breach before termination.

29.3 Termination does not affect rights or obligations that accrued before termination.

29.4 Provisions intended by their nature to survive termination shall continue, including provisions relating to intellectual property, confidentiality, limitations of liability, indemnity, dispute resolution and governing law.

30. AVAILABILITY OF THE WEBSITE

30.1 We aim to maintain the Website and Services with reasonable care and diligence.

30.2 However, we do not guarantee that the Website will always:

  • be available;
  • operate without interruption;
  • be free of errors;
  • be compatible with every device;
  • be free of malware or vulnerabilities; or
  • contain complete, current or error-free information at all times.

30.3 Nothing in this clause excludes responsibility that cannot lawfully be excluded.

31. DISCLAIMERS

31.1 To the maximum extent permitted by applicable law, the Website, Content and Services are provided on an “as available” and “as is” basis, except to the extent expressly stated otherwise or required by applicable law. FortyFlex does not warrant that the Website or Services will always be uninterrupted, error-free, completely secure, or that all Content will at all times be complete, current or free from inaccuracies.

31.2 FortyFlex does not represent or guarantee that any particular exercise, workout, Programme, nutrition or lifestyle recommendation, coaching or other Service will be suitable, safe or effective for every individual, or that you will achieve any particular result, including any specific weight loss, fat loss, muscle gain, improvement in strength, fitness, mobility, energy, sleep, recovery, performance, health or longevity. Individual results may vary depending on numerous personal and other factors.

31.3 Unless expressly provided as a professional service by an appropriately qualified person, Content relating to fitness, exercise, nutrition, wellness, healthy ageing, lifestyle or related subjects is provided for general educational and informational purposes and is not a substitute for medical, clinical, diagnostic, therapeutic, rehabilitative, nutritional or other professional advice, diagnosis or treatment. You remain responsible for determining whether any Content or Service is appropriate for you and for obtaining appropriate professional advice where necessary.

31.4 The FortyFlex Fitness, Health & Medical Disclaimer forms an integral part of these Terms and contains additional provisions and warnings relating to the risks associated with physical exercise, nutrition, health and wellness-related Content and Services. You should read that Disclaimer carefully before using or participating in any relevant Service.

31.5 Nothing contained in these Terms or any Applicable Policy is intended to exclude, restrict or limit any representation, warranty, liability, right or remedy that cannot lawfully be excluded, restricted or limited under applicable law. Where any such limitation is not legally permissible, it shall apply only to the maximum extent permitted by law.

32. LIMITATION OF LIABILITY

32.1 To the maximum extent permitted by applicable law, FortyFlex shall not be liable for indirect, incidental, special, consequential or punitive loss arising from your use of the Website or Services.

32.2 Without limiting the above, and subject to applicable law, FortyFlex shall not be responsible for losses arising solely from:

  • your failure to follow reasonable safety instructions;
  • your failure to seek appropriate medical or professional advice;
  • your use of Content in circumstances for which it was not intended;
  • inaccurate information supplied by you;
  • your misuse of Programme materials;
  • third-party services;
  • internet or device failures outside our reasonable control; or
  • events beyond our reasonable control.

32.3 To the extent permitted by applicable law, the aggregate liability of FortyFlex arising directly from a particular paid Service shall not exceed the amount actually paid by you to FortyFlex for that Service giving rise to the claim.

32.4 The limitation in Clause 32.3 shall not apply where and to the extent such limitation is prohibited by applicable law.

32.5 Nothing in these Terms shall exclude or limit liability for fraud, wilful misconduct, or any other liability that cannot lawfully be excluded or limited.

32.6 Nothing in these Terms is intended to deprive a consumer of any mandatory statutory remedy or right available under applicable consumer-protection law.

33. INDEMNITY

33.1 To the maximum extent permitted by applicable law, you agree to indemnify and hold harmless FortyFlex, its owners, officers, employees, representatives, contractors, service providers and permitted affiliates from and against any third-party claims, proceedings, losses, liabilities, damages, costs and reasonable expenses arising directly out of or in connection with:

  • your material breach of these Terms or any Applicable Policy;
  • your unlawful, fraudulent, negligent or unauthorised use of the Website or Services;
  • your infringement or violation of any intellectual-property, privacy, publicity or other rights of FortyFlex or any third party;
  • any User Content submitted, uploaded or otherwise provided by you that infringes the rights of, or causes actionable loss to, another person; or
  • your misuse of any Programme, Content, Account or Service.

33.2 FortyFlex shall, where reasonably practicable, provide you with notice of any claim for which indemnification is sought and may, subject to applicable law, participate in the defence or settlement of such claim. You shall not settle any claim in a manner that admits liability on behalf of, imposes obligations upon, or otherwise prejudices FortyFlex without its prior written consent.

33.3 Nothing in this Clause shall require you to indemnify FortyFlex to the extent that a claim, loss or liability arises from the fraud, wilful misconduct or unlawful act or omission of FortyFlex or to the extent such indemnification is prohibited by applicable law.

34. FORCE MAJEURE

34.1 FortyFlex shall not be responsible for delay or failure in performing obligations to the extent caused by circumstances beyond its reasonable control.

34.2 Such circumstances may include natural disasters, epidemics, pandemics, governmental restrictions, war, civil unrest, terrorism, infrastructure failures, widespread internet or telecommunications failures, cyber incidents, strikes, failures of critical thirdparty providers and other events that could not reasonably have been prevented.

34.3 We will use reasonable efforts to minimise the effect of such events and restore affected Services where practicable.

35. COMPLAINTS AND GRIEVANCE REDRESSAL

35.1 FortyFlex is committed to addressing genuine queries, complaints and grievances relating to the Website, Services, Programmes, Purchases, payments, Content, Accounts or other matters arising from your use of the platform. Users are encouraged to first contact FortyFlex through the contact details or grievance mechanism provided on the Website so that the matter may be reviewed and resolved appropriately.

35.2 For this purpose, the details of the designated grievance or customer-support contact shall be made available on the Website as applicable:
Email: thefortyflex@gmail.com
Telephone:
Postal Address:
Any complaint should, where reasonably possible, include sufficient information to identify the User, relevant Account, Purchase, Programme or Service and the nature of the grievance so that FortyFlex can properly investigate and respond.

35.3 FortyFlex shall endeavour to acknowledge, investigate and address complaints within the timeframes and in the manner required by applicable law. Nothing in this Clause limits your right to approach any competent statutory, regulatory, consumer or other authority or forum available to you under applicable law.

36. CONSUMER RIGHTS

36.1 Nothing in these Terms is intended to exclude, restrict or waive any right or remedy available to a consumer under mandatory applicable law.

36.2 Where any provision of these Terms conflicts with a mandatory statutory consumer right, the mandatory legal provision shall prevail to the extent of the conflict.

36.3 Where applicable, FortyFlex will comply with the requirements applicable to ecommerce entities and online service providers under Indian consumer-protection law.

37. ELECTRONIC COMMUNICATIONS

37.1 By using the Website or Services, you consent to receiving electronic communications relating to your account, purchases, transactions, security, Programme administration and other service-related matters.

37.2 Where legally permitted and subject to applicable consent requirements, we may also send promotional communications.

37.3 You may opt out of promotional communications through the mechanism provided in the communication or by contacting us.

37.4 Opting out of promotional communications will not necessarily prevent essential service or transactional communications.

38. NOTICES

38.1 Any notice, communication, request or other correspondence required or permitted to be given to FortyFlex under these Terms shall be sent to the email address, postal address or other contact details specified on the Website or in these Terms. Notices from FortyFlex to a User may be communicated through email, SMS, WhatsApp, Account notifications, Website notifications or other electronic means using the contact details or Account information provided by the User.

38.2 You are responsible for ensuring that the contact information provided to FortyFlex is accurate and remains current. A notice sent to the email address, telephone number or other contact information provided by you shall be deemed to have been appropriately communicated when transmitted, subject to applicable law and unless FortyFlex receives a notification that the communication could not be delivered.

38.3 Where applicable law prescribes a specific manner, form or period for giving any notice, FortyFlex shall comply with such requirement. Nothing in this Clause shall restrict any statutory right of a User to receive notices or communications in any particular manner prescribed by applicable law

39. GOVERNING LAW

39.1 These Terms shall be governed by and construed in accordance with the laws of India.

39.2 Subject to any mandatory jurisdiction conferred by applicable consumer-protection or other law, courts having competent jurisdiction at [MUMBAI MAHATSTRA] shall have jurisdiction over disputes arising out of or relating to these Terms or the Services.

39.3 Nothing in this clause is intended to prevent a consumer from approaching a forum or authority that has mandatory jurisdiction under applicable law.

40. DISPUTE RESOLUTION

40.1 In the event of any dispute, question or claim arising out of or in connection with these Terms, the Website or any Service, the User is encouraged to first contact FortyFlex through the grievance mechanism specified in Clause 35 and provide reasonable details of the matter so that the parties may endeavour to resolve the issue amicably and in good faith.

40.2 Where a dispute cannot be resolved through such communication, either party may pursue such remedies or proceedings as may be available under applicable law before the appropriate court, consumer forum, tribunal, authority or other competent body having jurisdiction over the matter.

40.3 Nothing in these Terms shall prevent or restrict a User from exercising any statutory right or remedy available under applicable law, including the right to approach an appropriate consumer forum, regulatory authority or other competent body, where such right is available. Nothing in this Clause shall prevent either party from seeking urgent interim or other appropriate relief from a competent court or authority where necessary.

41. SEVERABILITY

If any provision of these Terms is held to be invalid, unlawful or unenforceable, that provision shall be modified or severed to the minimum extent necessary, and the remaining provisions shall continue in full force to the extent permitted by law.

42. WAIVER

A failure or delay by FortyFlex in enforcing any provision of these Terms shall not constitute a waiver of that provision or of our right to enforce it subsequently.

43. ASSIGNMENT

43.1 You may not assign or transfer your rights or obligations under these Terms without our prior written consent, except where such restriction is prohibited by applicable law.

43.2 FortyFlex may assign or transfer its rights and obligations in connection with a merger, restructuring, sale of business, transfer of assets or similar corporate transaction, subject to applicable law.

44. ENTIRE AGREEMENT

These Terms, together with:

  • the applicable Programme terms;
  • the FortyFlex Privacy Policy;
  • the FortyFlex Fitness, Health & Medical Disclaimer;
  • the FortyFlex Refund & Cancellation Policy; and
  • any other terms expressly incorporated by reference,

constitute the agreement governing your use of the relevant Website or Service. Where a Programme-specific term expressly conflicts with a general provision in these Terms, the Programme-specific term shall prevail for that Programme to the extent of the conflict.

45. NO WAIVER OF STATUTORY RIGHTS

Nothing contained in these Terms shall be interpreted as:

  • waiving a statutory right that cannot lawfully be waived;
  • preventing a consumer from exercising rights under applicable law;
  • excluding a statutory remedy; or
  • authorising conduct prohibited by applicable law.

46. INTERPRETATION

Headings are provided for convenience and do not affect interpretation. Words importing the singular include the plural and vice versa where the context permits. References to “including” shall mean “including without limitation”.

47. CONTACT INFORMATION

For questions concerning these Terms, please contact:
Brand: FortyFlex
Registered/Principal Office:
Email: thefortyflex@gmail.com
Telephone:
Grievance Officer:
Grievance Email: thefortyflex@gmail.com

48. ACKNOWLEDGEMENT

48.1 By accessing or using the Website or Services, you acknowledge and confirm that you have read, understood and agreed to these Terms and the Applicable Policies and that you intend to be legally bound by them. You further acknowledge that the Services and Content may include information relating to exercise, fitness, nutrition, weight management, wellness, healthy ageing, sleep, recovery and lifestyle, and that such information is not, unless expressly stated otherwise and provided by an appropriately qualified professional, a substitute for individual medical, clinical, nutritional or other professional advice.

48.2 You acknowledge that participation in physical exercise and changes to diet or lifestyle may involve inherent risks, that individual results may vary, and that you are responsible for determining whether any Programme, exercise, recommendation or Service is appropriate for you and for seeking appropriate professional advice where necessary. You further acknowledge that FortyFlex does not guarantee any particular result or outcome from your use of the Website or Services.

48.3 You acknowledge that you have had a reasonable opportunity to review these Terms, the FortyFlex Privacy Policy, Fitness, Health & Medical Disclaimer, Refund, Cancellation & Payment Policy and any other Applicable Policies relevant to the Services used by you, and that these documents shall be read together as forming the terms governing your relationship with FortyFlex, subject always to any rights and protections that cannot lawfully be excluded or limited.