Use of the Services.

1.       As part of the DCamp Fitness Services on the Platform, the Company will facilitate the connection between the end-users and the registered medical professional for physical / in-person and tele-consultations and diagnostic services, delivery of healthcare using electronic communications, information technology or other means between the medical practitioner/service provider and a patient who are not in the same physical location. While the provision of telemedicine services may offer certain potential benefits, there are also potential risks associated with the use of telemedicine services.

 

2.       You acknowledge that you have been provided with necessary information and based on the same, you provide your consent, authorization for the remote telehealth services, including use of the Platform. You understand that you may withdraw your consents at any time, however, the Company may not provide you with the Service in such cases. The Company may suspend your account or terminate your access to the Service if you withdraw consent. You understand that the telemedicine treatments have certain material risks / complications, and have been provided with the requisite information about the same.

 

3.       By accepting these Terms, you acknowledge that you understand and agree with the following:

 

(a)    Although you may reasonably expect the intended benefits from the use of the Services, no benefits or results can be guaranteed or assured; and

(b)    You understand that the laws that protect the privacy and security of health information may apply to aspects of the Services, and you have read the Privacy Policy, which describes these protections in more detail.

 

4.       You undertake to use the Platform in terms of applicable law and report any instance of non-compliance of applicable law, as part of the medical consultation, diagnostic services and other processes or systems on the Platform, including as per the Code of Ethics Regulations, 2002 and Telemedicine Practice Guidelines dated March 25, 2020 issued by the Board of Governors, National Medical Commission, as applicable, at the earliest to the Company and provide your fullest cooperation and support to fulfil reporting obligations applicable to us.

 

5.       End-users should seek emergency help or follow-up care when recommended by a medical practitioner or when otherwise needed, and continue to consult with their primary care physician and other healthcare professionals as recommended. As with any healthcare service, there are potential risks associated with the use of telehealth services. These risks include, but may not be limited to:

 

(a)    In rare cases, information transmitted may not be sufficient (e.g., poor resolution of images) to allow for appropriate healthcare decision making by the medical practitioner;

(b)    Delays in evaluation or treatment could occur due to failures of the electronic equipment. If this happens, you may be contacted by phone or other means of communication;

(c)     In rare cases, a lack of access to all of your health records may result in adverse drug interactions, hypoglycemic events, allergic reactions or other judgment errors;

(d)    Although the electronic systems we use will incorporate network and software security protocols to protect the privacy and security of health information, security protocols can fail or be breached, causing a breach of privacy of personal health information;

(e)     The  medical practitioner will inform you of alternative methods and therapies to the proposed treatment / intervention, their respective benefits, material risks and disadvantages, if any, including that there are other undefined, unanticipated, unexplainable risks / complications that may occur during or after the proposed treatment / intervention, and will answer all questions to regarding the proposed treatment. However, despite best efforts, there can be no assurance about the results or outcome of the proposed treatment / intervention and that there cannot be any guarantee or warranty about the results or outcome of the proposed treatment / intervention.

(f)      The medical practitioner may determine that the Platform is not appropriate for some or all of your needs, and accordingly may elect not to facilitate telehealth services through DCamp Fitness.

 

 

Eligibility to Use

 

1.       The Platform Services are not available to minors i.e. persons under the age of 18 (eighteen) years or to any Users suspended or removed by the Company for any reason whatsoever. You represent that You are of legal age to form a binding contract and are not a person barred from receiving Platform Services under the applicable laws.

 

2.       The Company reserves the right to refuse access to the Platform or Platform Services to new Users or to terminate access granted to existing User(s) at any time without according any reasons for doing so.

 

3.       In case of non-compliance with rules and regulations, privacy policy or user agreement for access or usage of the computer resource of the Company, it has the right to terminate the access or usage rights of the Users to the computer resource immediately or remove non-compliant information or both, as the case may be. The Company will periodically inform its Users, at least once every year, of the compliance requirements set-out in this Terms of Use and the Privacy Policy or any changes thereto.

 

4.       You shall not have more than one active Account (as defined hereinafter) on the Platform. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another party or impersonating any other person for the purposing of creating an account with the Platform.

 

User Account, Password, and Security

1.       In order to avail the Platform Services (as defined hereinafter) on the Platform, You will have to register on the Platform by providing details about Yourself, including Your name, address, contact details and such other details as may be required on the Platform and create an account (“Account”).

2.       You shall ensure and confirm that the Account information provided by You is complete, accurate and up-to-date. If there is any change in the Account information, You shall promptly update Your Account information on the Platform. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate Your Account and refuse any and all current or future use of the Platform (or any portion thereof) at its discretion, in addition to any right that the Company may have against You at law or in equity, for any misrepresentation of information provided by You.

3.       You will be responsible for maintaining the confidentiality of the Account information and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify the Company of any unauthorized use of Your Account information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. The Company cannot and will not be liable for any loss or damage arising from Your failure to comply with this provision. You may be held liable for losses incurred by the Company or any other user of or visitor to the Platform due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account information secure and confidential.

4.       Use of another User’s Account information for availing the Platform Services is expressly prohibited.  

Fees, Charges and Subscriptions

1.       Any Digital Services membership may start with a free trial. The free trial period for any subscription will last for the period of time specified when you signed up. Free trials may not be combined with certain other offers, as specified. If you begin your subscription within a free trial, we may begin billing You for periodical membership fees at the time of subscription purchase or at the end of the free trial period unless you cancel your membership prior to the end of the free trial period, at our sole discretion.

2.       You agree to pay for all fees and charges incurred while using the Digital Services and the Platform Services. Additional taxes or third party charges may apply.

3.       You may be offered (a) pay per session; (b) subscription options, which could be monthly, quarterly, half yearly, annual, recurring, non-recurring subscription options. For the purposes of our weekly, monthly and yearly subscriptions, a week constitutes 7 calendar days, a month constitutes 30 calendar days and a year constitutes 365 calendar days.

4.       Non-recurring subscription(s) are non-cancellable. However, You may cancel your recurring subscription(s) at any time by going to your Account Settings and cancelling your subscription before the respective renewal date to avoid billing of the next period’s subscription fee to the Payment Detail you have provided. Refunds cannot be claimed for any partial-term subscription period.

5.       Any promotion code or offer provided may not be used in conjunction with any other promotion code or offer, past or present. Introductory offers are only available to new users of the Platform, except where expressly stated otherwise. Previous users, including those having only booked / utilised trial services, or trial users of the Platform do not qualify as new users. No promotion code or discount will apply to any services / products unless otherwise stated on the Platform. Unless otherwise set forth in the terms of any promotion, all pricing promotions or discounts will apply to the initial period of the subscription, and any renewals will be charged at the non-discounted rate for the type of subscription or membership purchased.

Payment Services

1.     All payments in respect of the Platform Services shall be made to the Company through the Platform. To the extent permitted by applicable law and subject to the Company’s Privacy Policy, you acknowledge and agree that the Company may use certain third-party vendors and service providers, including payment gateways, to process payments and manage payment card information.  

2.       In order to make payments online, You undertake to use a valid payment card or bank details or third party wallets or details required for any other mode of payment (“Payment Details”) with the authority to use the same, to have sufficient funds or credit available to complete the payment on the Platform in good standing. By providing the Payment Details, You represent, warrant, and covenant that: (1) You are legally authorized to provide such Payment Details; (2) You are legally authorized to perform payments using such Payment Details; and (3) such action does not violate the terms and conditions applicable to Your use of such Payment Details or applicable law. You agree that You are responsible for any fees charged by Your mobile carrier in connection with Your use of the payment services through Your mobile. The Company shall use the Payment Details as described in the Company’s Privacy Policy .You may add, delete, and edit the Payment Details You have provided from time to time through the Platform.  

3.       The payment receipt for completion of a transaction shall be provided by the respective Vendors and the transaction summary shall be provided by the Company, the payment receipt and transaction summary shall be made available on the Platform and also sent to your registered email address. Company collects the payment on behalf of the respective Vendor, and eventually settles the same.

4.       Except to the extent otherwise required by applicable law, the Company is not liable for any payments authorized through the Platform using Your Payment Details. Particularly, the Company is not liable for any payments that do not complete because: (1) Your payment card or bank account or third party wallet does not contain sufficient funds to complete the transaction or the transaction exceeds the credit limit in respect of the Payment Details provided; (2) You have not provided the Company with correct Payment Details; (3) Your payment card has expired; or (4) circumstances beyond the Company’s control (such as, but not limited to, power outages, interruptions of cellular service, or any other interferences from an outside force) prevent the execution of the transaction.

Refund Policy

1.       Fitness Services – Any DCamp Fitness memberships / sessions / classes / activity bookings bought by You are non-refundable, non-exchangable, and non-saleable.

2.       DCamp foods Food Products – You can request for cancellation / pausing of Food Product orders with scheduled deliveries and request for refund / adjustment in future orders against the same. However, acceptance of cancellation / pause requests shall be at DCamp foods’ the sellers’ / Company’s discretion and dependent on the cancellation cut-off time and the quantity of DCamp foods Food Products ordered by You. There shall be no refunds for on-demand DCamp foods Food Product orders.

3.       Diverse Products – Please refer to FAQs available on the Platform for requesting refunds in case of Diverse Products.

4.       Digital Services - You may request cancellation of your subscription to the Digital Services, however the same must be done before the respective renewal date to avoid billing of the next period’s subscription fee to the Payment Details you have provided. Refunds cannot be claimed for any partial-term subscription period.

5.       The Company and / or relevant service provider(s) / vendor shall have the right to cease/terminate relationship with You unilaterally without any reason, and applicable amount or cash back (if any) or pro-rata refund, as the case may be, shall be refunded to You subsequently.

8.       With regards to payments, the Platform shall not be responsible for any unauthorised transactions conducted on our Platform using Your payment card or internet banking. The Platform shall not be obligated to refund any money to You in such instances.  

Use of Platform

1.       Subject to compliance with the Terms of Use, the Company grants You a non-exclusive, revocable, limited privilege to access and use this Platform and the Platform Services. You agree to use the Platform Services, Platform and the materials provided therein only: (a) for purposes that are permitted by the Terms of Use; (b) for purposes for which the Platform Services are meant to be used; and (b) in accordance with any applicable law, regulation or generally accepted practices or guidelines. You agree not to engage in activities that may adversely affect the use of the Platform by the Company/other Users.

2.       You agree not to access (or attempt to access) the Platform and the materials or Platform Services by any means other than through the interface that is provided by the Company. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any Content, to obtain or attempt to obtain any materials, bookings, documents or information through any means not specifically made available through the Platform.

3.       You acknowledge and agree that by accessing or using the Platform or Platform Services or Content, You may be exposed to content from others that You may consider offensive, indecent or otherwise objectionable. The Company disclaims all liabilities arising in relation to such offensive content on the Platform.

4.       If the Platform allows You to post and upload any material on the Platform, You hereby undertake to ensure that such material is not offensive and is in accordance with applicable laws. All material added, created, uploaded, submitted, distributed, or posted to the Platform by You is Your sole responsibility. The Company reserves the right to review any information provided/data uploaded, if any, by You on the Platform and delete any information/data that is inconsistent with these Terms of Use.

5.       Further, You undertake not to:  

1.       defame, abuse, harass, threaten or otherwise violate the legal rights of others;

2.       publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;

3.       copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from the Company;

4.       conduct or forward surveys, contests, pyramid schemes or chain letters;

5.       upload or distribute files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents;

6.       upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Platform or another's computer or provide you undue advantage or benefit in purchasing goods / availing services;

7.       engage in any activity that interferes with or disrupts access to the Platform or the Platform Services or the Content (or the servers and networks which are connected to the Platform);

8.       attempt to gain unauthorized access to any portion or feature of the Platform, any other systems or networks connected to the Platform, to any Company server, or to any of the Platform Services offered on or through the Platform, by hacking, password mining or any other illegitimate means;

9.       probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other User, of or visitor to, the Platform, to its source, or exploit the Content, Platform or Platform Services or information made available or offered by or through the Platform, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided on the Platform;

10.    disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers or networks connected to or accessible through the Platform or any affiliated or linked sites;

11.    collect or store data about other Users in connection with the prohibited conduct and activities set forth in this Section.

12.    use any device or software to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform;

13.    use the Platform or any material or Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company or other third parties;

14.    falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;

15.    violate any applicable laws or regulations for the time being in force within or outside India or anyone’s right to privacy or personality;

16.    violate the Terms of Use contained herein or elsewhere; and

17.    reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platform.

6.       Except as expressly indicated herein, the Company hereby grants You a non-exclusive, freely revocable, non-transferable access to view any Content available on the Platform, subject to the following conditions:

1.       You may access the Content solely for personal, informational, and internal purposes, in accordance with the Terms of Use;

2.       You may not modify or alter the Content available on the Platform;

3.       You may not distribute or sell, rent, lease, license or otherwise make any Content on the Platform available to others; and

4.       You may not remove any text, copyright or other proprietary notices contained in the Content downloaded from the Platform.

Intellectual Property Rights

1.       The Platform and the processes, and their selection and arrangement, including but not limited to, all text, videos, graphics, user interfaces, Images, photos, visual interfaces, sounds and music (if any), artwork and computer code (and any combinations thereof) (collectively, the “Content”) on the Platform is owned and controlled by the Company and / or its licensors and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.

2.       The trademarks, logos and service marks displayed on the Platform (“Marks”) are the property of the Company and / or Vendors and / or other respective third parties, as the case may be. You are not permitted to use the Marks without the prior consent of the Company, or the Vendors, or the third party that may own the Marks.

Disclaimer of Warranties & Liability

You expressly understand and agree that, to the maximum extent permitted by applicable law:

1.       the Platform, Platform Services and other Content are provided by the Company on an “as is” basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, the Company makes no warranty that (i) the Platform or the Platform Services or the Content will meet Your requirements or Your use of the Platform or the Platform Services will be uninterrupted, timely, secure or error-free; (ii) the results that may be obtained from the use of the Platform, or Platform Services will be effective, accurate or reliable; (iii) the quality of the Platform or Platform Services or Content will meet Your expectations; or (iv) any errors or defects in the Platform or Platform Services or Content will be corrected. No advice or information, whether oral or written, obtained by You from the company or through use of the Platform Services shall create any warranty not expressly stated in the Terms of Use.

2.       the Company will have no liability related to any user Content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. The Company also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user Content.

3.       the Company will not be liable for any loss that You may incur as a consequence of unauthorized use of Your Account or Account information in connection with the Platform or Platform Services, either with or without your knowledge.

4.       the Company has endeavored to ensure that all the information on the Platform is correct, but the Company neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, or Platform Services. The Company shall not be responsible for the delay or inability to use the Platform or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities and related graphics obtained through the Platform, or otherwise arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise. Further, the Company shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any reason beyond the Company's control. You understand and agree that any material or data or Content downloaded or otherwise obtained through the Platform is done entirely at Your own discretion and risk, and that You will be solely responsible for any damage to Your computer systems or loss of data that results from the download of such material or data.

Indemnification and Limitation of Liability

1.       You agree to indemnify, defend and hold harmless the Company and its affiliates including but not limited to its (and its affiliates’) officers, directors, consultants, agents, employees and Vendors on the Platform (“Indemnitees”) from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Indemnitees that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms of Use. Further, You agree to hold the Indemnitees harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Platform or Platform Services or Content, any misrepresentation with respect to the data or information provided by You, Your violation of the Terms of Use, or Your violation of any rights of another, including any intellectual property rights.

2.       In no event shall the Indemnitees be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, arising out of or in connection with Your use of or access to the Platform, Platform Services or Content on the Platform. The limitations and exclusions in this Section apply to the maximum extent permitted by applicable laws.

3.       In addition, and without limiting the foregoing, to the fullest extent permitted by applicable law, in no event will Indemnitees aggregate liability arising out of or in connection with these Terms of User or the services rendered hereunder, whether in contract, tort (including negligence, product liability, or other theory), warranty, or otherwise, exceed the amount of actual fees charged from You.

4.       If applicable law does not permit the exclusion of certain warranties or the limitation or exclusion of liability, the scope and duration of such warranty exclusions and the extent of the liability of Company shall be the minimum permitted under applicable law.

Violation of the Terms of Use

You agree that any violation by You of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to the Company and/or Vendors, as the case may be, for which monetary damages would be inadequate, and You consent to the Company and/or Vendors obtaining any injunctive or equitable relief that they deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that the Company and/or Vendors obtaining may have at law or in equity. If the Company and/or Vendors takes any legal action against You as a result of Your violation of these Terms of Use, they will be entitled to recover from You, and You agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief that may be granted.

 

Suspension and Termination

1.       The Terms of Use will continue to apply until terminated by either You or the Company as set forth below. If You object to the Terms of Use or are dissatisfied with the Platform, your only recourse is to (i) close Your Account on the Platform; and/or (ii) stop accessing the Platform. 

2.       The Company may delist You or block Your future access to the Platform or suspend or terminate your Account if it believes, in its sole and absolute discretion that you have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Use or anyway otherwise acted unethically. Notwithstanding anything in this clause, these Terms of Use will survive indefinitely unless and until the Company chooses to terminate them.

3.       If You or the Company terminate Your use of the Platform, the Company may delete any Content or other materials relating to Your use of the Platform Services and the Company shall have no liability to You or any third party for doing so. However, your transactions details may be preserved by the Company for purposes of tax or regulatory compliance.

4.       You shall be liable to pay for any Platform Services that you have already ordered till the time of termination by either party whatsoever.

Governing Law

These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals, fora, applicable authorities at Bangalore.

 

Report Abuse and Grievance Redressal

In the event You come across any abuse or violation of these Terms of Use or if You become aware of any objectionable content on the Platform or if You wish to report a grievance regarding Platform or Platform Services, please report the same to the following e-mail id: info@dcamp.in or reach out to our Grievance Officer, whose contact information is detailed below:

·         Name: Mrs. Drisya

·         Email – drisya@dcamp.in; and

·         Postal address – T.S No 1794/2, Periyar nagar, Behind Pankaja Mill, Puliakulam P.O, Sowripalayam, Coimbatore - 641045

 

Please provide us with a detailed description of the complaint/grievance, and we will endeavour to resolve Your grievances within 15 (fifteen) days from the date of receipt of such grievance, or within such timeframe stipulated under applicable laws.

 

Communications

You hereby expressly agree to receive communications by way of SMS and/or e-mails from the Company, Vendors and other third parties relating to the Platform Services provided through the Platform. You can unsubscribe/ opt-out from receiving communications through SMS and e-mail anytime by e-mailing to info@dcamp.in or contacting our Grievance Officer. However, this may limit the extent of Platform Services that you can avail.

 

General Provisions

Notice: All notices from the Company will be served by email to Your registered email address or by general notification on the Platform. Any notice provided to the Company pursuant to the Terms of Use should be sent to info@dcamp.in or to our Grievance Officer with subject line - Attention: TERMS OF USE.

Assignment: You cannot assign or otherwise transfer the Terms of Use, or any rights granted hereunder to any third party. The Company’s rights under the Terms of Use are freely transferable by the Company to any third party without the requirement of seeking Your consent.

Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Terms of Use, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect.

Waiver: Any failure by the Company to enforce or exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver by the Company of that provision or right.

 

IP Infringement

If You believe the Platform or any of the Platform Services violates Your intellectual property, You must promptly notify the Company in writing at info@dcamp.in. These notifications should only be submitted by the owner of the intellectual property or an agent authorized to act on his/her behalf. However, any false claim by You may result in the termination of Your access to the Platform. You are required to provide the following details in Your notice:

1.       the intellectual property that You believe is being infringed;

2.       the item that You think is infringing and include sufficient information about where the material is located on the Platform;

3.       a statement that You believe in good faith that the item You have identified as infringing is not authorized by the intellectual property owner, its agent, or the law to be used in connection with the Platform;

4.       Your contact details, such as Your address, telephone number, and/or email;

5.       a statement that the information You provided in Your notice is accurate, and that You are the intellectual property owner or an agent authorized to act on behalf of the intellectual property owner whose intellectual property is being infringed; and

6.       Your physical or electronic signature.

Copyright © All rights reserved.

PRIVACY POLICY

We at DCamp Foods & Health Services Pvt Ltd ('DCamp Fitness') know that you as a user ('You', 'Your', ‘User(s)’) care about how your personal information is used and shared, and we take your privacy seriously. Please read the following to learn more about our privacy policy. By visiting or using our website (www.dcampfitness.com) and domain name, and any other linked pages, features, content, mobile applications, or any other services we offer from time to time by in connection therewith (collectively, the 'Mobile App'), or by using the Services / Products (as defined in our Terms of Use ) in any manner, you acknowledge that you accept, and are subject to, the practices and policies outlined in this privacy policy.

 

This Privacy Policy is published in compliance with inter alia:

 

(a)    Section 43A of the Information Technology Act, 2000;

(b)   Regulation 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (“SPDI Rules”); and

(c)    Regulation 3 of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

 

What does this privacy policy cover?

This privacy policy deals with our treatment of personally identifiable information ('personal information') that we gather when you are availing, accessing or using our Mobile App for availing third party Products and Services including Fitness Services, or otherwise visiting clinics, fitness centres, gyms or other physical premises.

 

This policy does not deal with the policies or practices of companies that we do not own or control (including our franchisees), or to individuals that we do not employ.

 

By visiting our Platform, downloading the Mobile App, purchasing Products via the Platform, or subscribing for, or availing of Fitness Services you consent to the collection, use, sharing, disclosure and processing of Your personal information by Diverse and each of the sellers/service providers on the Platform (collectively, 'We', 'Us', 'Our') in accordance with the terms of this Privacy Policy or as otherwise required by, or permitted under, applicable law.

 

For anyone under the age of 18 to register for the Products or Services, including Fitness Services, or otherwise visit clinics, fitness centres, gyms or other physical premises, their parents or guardians have to read and understand the terms and conditions. The parents or guardians confirm and agree that in addition to acceptance of these Terms of Use, use and/or booking of the Fitness Services by their son/daughter signifies your acceptance of any additional terms and conditions, guidelines, house rules, etc. posted, communicated or displayed on the websites/centres. To the fullest extent permissible pursuant to applicable law, use of the Fitness Services and your attendance at, participation in, purchase and/or use of the Fitness Services by your son or daughter, is solely at your own risk and the Platform and/or relevant Partner, and / or Service Provider does not assume any liability or make any warranties of any kind, express or implied, arising out of, in connection with or with respect to the Fitness Services.

 

       What information do we collect?

We collect the following types of information:

 

Information you provide to us:

We receive and store any information you knowingly provide to us, including:

·       personal information collected at the time of your registration on the Mobile App/website, including your name, username, email address, gender, birth date, height, location;

·       personal information and SPDI (where necessary) collected for provision of the Services on the Mobile App/website, including your nutrition data, dietary and lifestyle information, information related to height, weight and body measurements,  passwords, workout related data (including outputs from your device camera for “scoring” tracking or conducting live workout sessions), physical activity, photographs, biometric information, genetic information, information, race and ethnicity-related information, family-related information (to the extent necessary for effective provision of Services), sleep habits; and  other sleep, activity, or health-related information and insights for our Services and Products;

·       bank details for payment processing;

·       details about your health, mental wellbeing, disabilities or other health related information such as vaccination status, past and present medical information , all collected for the safety of our other users and premises that they access, the discharge our duties as an employer, or to provide certain benefits;

·       data in your mobile address book to help users find other users who have enabled ‘squads’ and set their profiles as public. We do not otherwise process information from the address book for any other purpose;

·       information relating to your access and usage of premises, and sessions, including workouts, number of activities and users, data collected at our reception desks and kiosks, CCTV footage for common areas collected in accordance with applicable CCTV policy .

 

The information collected from you as set-out above constitutes ‘personal information’ or ‘sensitive personal data or information’ (“SPDI”) in terms of the SPDI Rules. You hereby consent to collection of such information.

 

You can choose not to provide us with certain information, but then you may not be able to register with us or to take advantage of some of our features / Products. We may anonymize your personal information so that you cannot be individually identified, and provide that information to our partners. For example, you may tell us that you are female and sleep an average of 6 hours per night; we may combine this information with content received from our other users, and disclose to our partners that on the whole, our male users sleep more hours per night than our female ones,.

 

Information collected from iOS HealthKit, Health app and Google Fit:

When you share your iOS Health app data or Google Fit with our Products, that data is covered by the privacy policy.

 

We handle all iOS Health app and HealthKit data in accordance with Apple's development guidelines. To view Apple's HealthKit developer guidelines, go to  https://developer.apple.com/app-store/review/guidelines/#health-and-health-research .

 

We handle Google Fit data in accordance with Google Fit Terms of Service. To view Google Fit Terms of Service go to  https://developers.google.com/fit/terms .

HealthKit, Health app, iPhone, and Apple are registered trademarks of Apple Inc.

 

Google Fit and Google are registered trademark of Google Inc. 

 

Information collected automatically:

Whenever you interact with our Mobile App, we automatically receive and record information on our server logs from your browser including your IP address, 'cookie' information, and the page you requested. 'Cookies' are identifiers we transfer to your computer or mobile device that allow us to recognize your browser or mobile device and tell us how and when pages in our Mobile App are visited and by how many people. You may be able to change the preferences on your browser or mobile device to prevent or limit your computer or device's acceptance of cookies, but this may prevent you from taking advantage of our Mobile App's best features.

When we collect usage information (such as the numbers and frequency of visitors to the Mobile App), we use this data in aggregate form and personal form to customize the solutions depending on individual needs. For example, this aggregate data tells us how often users use parts of the Mobile App, so that we can make the Mobile App appealing to as many users as possible. We may also provide this aggregate information to our partners; our partners may use such information to understand how often people use our Mobile App, so that they, too, can provide you with an optimal online experience. We never disclose aggregate information to a partner in a manner that would identify you personally.

 

If you are using our Products, you understand and acknowledge that, any information, data or readings from the Product, or collected from Your use thereof, will be automatically uploaded to your account with us. To the extent these automatically collected readings can be used to personally identify you, these readings are personal information for the purposes of this privacy policy.

      

Purpose and Use of information

We, our affiliates and/or the sellers or service providers on the Mobile App may access and use your Personal Information and SPDI for the following purposes:

1.       Provision of the Products and Services on the Website and the Mobile App including optimizing, or further developing/improving operation of the Platform or providing better user experience;

2.       To contact you in relation to Products and Service offerings on the Platform, including pursuant to current or future collaborations with third party service providers;

3.       General business and operating purposes, such as the administration, management and operation of the business, including client/user interaction, responding to requests, customizing and improving our Services;

1. For payment, billing and invoicing related purposes;

2. To generate aggregated data to prepare insights (not being SPDI) to enable us to understand patterns and trends with a view to learn more about your preferences or other characteristics;

3. Compliance with our obligations under applicable laws and other regulations, including to protect against and prevent fraud and other legal or information security risks; and

4. To serve other purposes for which we provide specific notice at the time of collection, and as otherwise authorized or for any other lawful purpose.

 

Delete targeting cookies

Your interest profile can be removed by deleting your browser's cookies.

Information stored on cookies

The cookie information stored on the User's hard drive is: (i) User segment hits or information on a specific product, service, brand or model in which the User has shown interest during its visit to a certain website and (ii) time and date stamp of the latest update of the User profile.

If the cookie is deleted by the User, all profile data is removed. For the sake of clarity, no segments relating to information which we consider sensitive have been or will be created, such as segments relating to political opinions, religious beliefs, physical or mental health conditions or sexual life. Further, we are very sensitive to the issue of children's privacy and marketing directed to children.

 

E-mail and other communications:

 

We may contact you, by email or other means; for example, we, or persons we share your Personal Information with may send you promotional offers on behalf of other businesses, or communicate with you about your use of the Mobile App or the Product. Also, we may receive a confirmation when you open an email from us. This confirmation helps us make emails more interesting and improve our service. If you do not want to receive email or other mail from us, please indicate your preference by emailing us at info@dcamp.in or contacting our Grievance Officer.

 

      Will we share any of the personal information we receives?

We neither rent nor sell your personal information in personally identifiable form to anyone. We share your personal information in personally identifiable form with third parties only as described below. In terms of the Diverse Services, we shall share the information collected from You with only such third parties in relation to whom you provide express consent.

·         Affiliated businesses and third-party websites we do not control:   In certain situations, businesses or third party websites we're affiliated with may sell items or provide services to you through the Mobile App (either alone or jointly with us). You can recognize when an affiliated business is associated with such a transaction or service, and we will share your personal information with that affiliated business only to the extent that it is related to such transaction or service.

·       Agents:  We employ other companies and people to perform tasks on our behalf and need to share your information with them to provide Products or services to you. Unless we tell you differently, our agents do not have any right to use the personal information we share with them beyond what is necessary to assist us.

·         User submissions:  Any content or personal information that you voluntarily disclose online in a manner other users can view (on discussion boards, in messages and chat areas, etc.) becomes publicly available, and can be collected and used by others.

·         Business transfers:   We may choose to buy or sell assets. In these types of transactions, customer information is typically one of the business assets that is transferred. Also, if we (or substantially all of our assets) are acquired, or if we go out of business or enter bankruptcy, personal information would be one of the assets transferred to or acquired by a third party.

·         Protection of DCamp Fitness and others:   We may release personal information when we believe in good faith that release is necessary to comply with laws; enforce or apply our conditions of use and other agreements; or protect the rights, property, or safety of DCamp Fitness, our employees, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.

·         Offers, programs and benefits: We may offer certain programs (such as loyalty programs), benefits and offers provided by our affiliates, partners or third parties, which are complementary to our products or services or otherwise offer you a continuum of service offerings  similar to  the services or products offered on the Platform.

·         With your consent:   Except as set forth above, you will be notified when your personal information may be shared with third parties and will be able to prevent the sharing of this information.