BCoder Castle – Best Software App & Web Design Development Company 2023
B. B-coder is a software-as-a-service product that allows personal trainers, wellness coaches and nutritionists (collectively, the “Trainers”) to provide training and coaching and interacting with their clients (the “Clients”). Fitbudd assists the Trainers in administering their business activities, i.e., to manage Clients, create workout plans, meal plans, recipes, and exercises, track the progress of the Clients, and upload and store documents, videos, and other files supporting Trainers’ business activities. Fitbudd also allows the Clients to interact with the Trainers through the App and track their progress in the field of fitness, diet, and healthy lifestyle.
C. Any person logging on to or using the Website (“User” or “you”) or using our App shall be presumed to have read the Terms of Use (which includes the Disclaimer and Privacy Policy, separately provided on the Website and App) and has unconditionally accepted the terms and conditions of use and these constitute a binding and enforceable agreement between the User and the Company.
D. The User of the Website and App are governed by the following terms and conditions (“Terms of Use”) as applicable to the Website and App including the applicable policies which are incorporated herein by way of reference. By mere use of the Website and App, the User shall be under a binding obligation to comply with these terms and conditions including the policies mentioned hereinafter. The Terms of Use is published in accordance with the Information Technology Act 2000 read with Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules 2011 and other rules thereunder, as and when amended, as applicable, to electronic records.
a. In order to access and use Website and App, you must first register and create an account with us (“User Account”). If you use B-coder as a Trainer, you are required to create a Trainer’s account on the Website. In order to use B-coder as a Client, you are required to download the App and create a Client’s account. Before creating your User Account, you will be requested to read and accept these Terms, the Disclaimer, and review the Privacy Policy. The personal data related to your User Account will be processed in accordance with our Privacy Policy. Your User Account is not transferable, and you are solely responsible for any activities occurring through your User Account.
a. You understand and undertake that you shall be solely responsible for the Registration Data and the User Content and undertake neither by yourself nor by permitting any third party to host, display, upload, modify, publish, transmit, update or share any information that:
belongs to another person and to which you do not have any right to;
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, seditious, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
harms minors in any way;
infringes any patent, trademark, copyright or other proprietary rights of any person anywhere in the world;
violates any law for the time being in force;
deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
impersonates another person;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation;
creates liability for the Company or cause the Company to lose (in whole or in part) the services of the Company or other suppliers and/ or Users;
is in the nature of political campaigning, unsolicited or unauthorized advertising, promotional and/ or commercial solicitation, chain letters, pyramid schemes, mass mailings and/or any form of ‘spam’ or solicitation;
or is illegal in any other way.
d. The Trainers are solely responsible for:
Providing satisfactory services to Client through Fitbudd
Ensuring the Trainers are qualified and equipped to provide services;
Drafting, negotiating, and executing the Agreement;
Paying all taxes, duties, insurance payments, and other fees associated with payments made under the Agreement;
f. Any disputes arising between Trainer and Client pursuant to the Agreement shall not implicate us in any manner including affiliates, officers, employees, agents and professional advisors from any cost, damage, liability or other consequence of any of the actions by you and such disputes are to be resolved between you and such users only. We shall not be involved in mediating or resolving disputes between Trainer and Client pursuant to the Agreement.
a. We will not be liable for any failure and/or delay on our part in performing any obligation under the Terms of Use and/or for any loss, damage, costs, charges and expenses incurred and/or suffered by you if such failure and/or delay is result of or arising out of a Force Majeure Event, as defined hereunder.
b. Further, the User shall not:
interfere or attempt to interfere with the proper working of the services or any activities conducted on the Website and App;
take or attempt to take any action that might damage, disable, or overburden our infrastructure;
bypass, circumvent, or attempt to bypass or circumvent any measures that the Company uses to prevent or restrict access to the services and/ or the Content;
run any form of auto-responder or “spam” on the services and/ or the Content;
use manual or automated software, devices, or other processes to “crawl” or “spider” any part of the Fitbudd and/ or the Content, unless the same is done in accordance with the provisions of our robots.txt file;
harvest or scrape any Content from the Website or App;
copy, reproduce, decompile, reverse engineer, disassemble, decrypt, or attempt to derive the source code of or underlying ideas or algorithms of any part of the Website, App, and/ or Content;
modify, translate, or otherwise create derivative works of any part of the Website or App,
retransmit, distribute, disseminate, sell, perform, make available to third parties, or exploit for any purposes (including, without limitation, personal, non-commercial use) without express prior written consent from us; or
otherwise, take any action in violation of our Terms of service
c. The Company has the right to access, read, preserve, and disclose any information as it reasonably believes is necessary:
under any applicable laws or governmental request,
enforce the Terms of Use, including investigation of potential violations hereof
detect, prevent, or otherwise address fraud, security, or technical issues,
respond to User support requests, or
protect its rights, property, or safety along with that of its Users and the public.
b. We will not be liable to you for any indirect or consequential losses, which may be incurred by you, such as:
Any health issues experienced by you as a result of your use of Fitbudd, including following any instructions, videos, plans, or other materials provided by the Trainers;
Direct and indirect loss of profits;
Loss of goodwill or business reputation;
Loss of opportunities; and
Loss of data suffered by you.
a. The Content available through the B-coder may be viewed and used only for your personal, non-commercial use. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets, or trademarks with respect to the B-coder, and we reserve all rights not expressly granted hereunder. We do not permit copyright-infringing activities and infringement of intellectual property rights on or through the B-coder. We request that you promptly notify us in writing upon your discovery of any unauthorized use or infringement of the Fitbudd. You agree not to make use of the Content in a manner that would infringe the copyright and trademark therein.
b. You also acknowledge and agree that any feedback, comment, or suggestion you may provide is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation or compensation to you.
a. You acknowledge that the Company has no obligation to pre-screen, monitor, and/or review any User Content, although the Company reserves the right to pre-screen, refuse or remove any User Content, at its sole discretion. Without limiting the foregoing, the Company shall have the right to remove any User Content that violates the Terms of Use or is otherwise objectionable or in violation of applicable laws. In the event, any Content violates any of these Terms of Use, the User may write to the grievance officer and the Company shall take appropriate action in accordance with applicable laws.
b. However, the Company reserves the right at all times to disclose any information as necessary to satisfy any applicable laws, or government request, or to edit, refuse to post, or remove any information or materials, in whole or in part, that in the Company’s sole discretion is objectionable or in violation of this Terms of Use or applicable laws.
c. The Company may also impose limits on certain features or restrict your access to part or all of the forums without notice or penalty if we believe you are in breach of the guidelines set forth in this clause, these Terms of Use or applicable laws, or for any other reason without notice or liability.
a. Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India (“applicable laws” or “laws”). The courts at Gurugram (Haryana) shall have exclusive jurisdiction in relation to any proceedings arising out of or in connection with these Terms of
Name: Ms Saumya Mittal (Grievance Officer)
Email: https://b-coder.com
b. Severability: If any provision of these Terms of Use is found invalid by a court of competent jurisdiction, you agree that the court should try to give effect to the intentions as reflected in the such provision and that the other provisions of the Terms of Use shall remain in full effect, notwithstanding anything contained in such impugned provision. Thus, illegality or unenforceability of one or more Terms of Use shall not affect the legality and enforceability of the other terms of the Website and App.
e. Breach of Terms: If we believe, at our sole discretion, that you violate these Terms of Use and it is appropriate, necessary or desirable to do so, we may:
Send the User a formal warning;
Temporary suspend your User Account;
Delete your User Account;
Temporarily or permanently prohibit your use of Fitbudd;
Report you to the relevant public authorities; or
Commence a legal action against you.
g. It is clarified that the Disclaimer and the Privacy Policy provided separately form an integral part of these Terms of Use of the Website and should be read in conjunction.
a. We will not be liable to you (whether under the law of contact, the law of torts, or otherwise) in relation to the Contents of, or use of, or otherwise in connection with, this Website:
to the extent that the Website and/ or the Contents are provided free of charge for any direct loss;
for any indirect, special, or consequential loss;
for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data;
any errors in or omissions from this Website and the Content, including but not limited to technical inaccuracies and typographical errors;
any third-party websites or content therein directly or indirectly accessed through links in this Website, including but not limited to any errors in or omissions therefrom;
your use of this Website and/ or the Services; or
your use of any equipment or software in connection with the Website.
These limitations of liability apply even if we have been expressly advised of the potential loss.
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