Please note that the headings herein are included for convenience and identification only, and are not intended to describe, interpret, define or limit the scope, extend or intend of these Terms.
Our Products & Services
1.1. You acknowledge that the Platform allows you to avail services / buy products directly from the Company. We offer services through online mode through our website www.yourphysio.in The products and services available on the Platform are listed below:
1.1.1. Purchase and avail physiotherapy consultations under the brand name ‘YourPhysio’.
2.2. Please check that the details in these Terms and on the Order are complete and accurate before you use or commit yourself to availing the Platform Services. If you think that there is a mistake, please make sure that you ask us to confirm any changes in writing.
2.6. Usage of personal information and communication: YourPhysio shall use your Personal Information to ensure services with respect to the Platform are presented to you in the most effective manner, to secure the Platform and make improvements, to carry out our obligations to You, and to communicate with you. The said communication can either be by calls, text or emails and for purposes which include transactional, service, or promotional calls or messages. If at any time You wish to not receive any communication from our end, you can opt-out of the same by writing to us on email@example.com
3.1. Becoming a Member
3.1.1. You must be legally capable of entering into a binding contract and must not be a person barred from receiving Platform Services under the applicable laws, in your province, territory or country, to sign up as a registered user of the Platform Services. You agree that your use of the Platform does not violate any applicable law or regulation of your province, territory or country.
3.1.2 In order to avail the Platform Services on the Platform, you will be required 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”).
3.2. Once a Member
3.2.1. Complete, true and accurate information: You shall ensure and confirm that the Account information and Payment Details (as defined below) provided by you is complete, accurate and up-to-date at all times. If there is any change in the Account information or Payment Details, you agree to promptly update such information, as needed, to keep it accurate, complete and up-to-date. 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 cancel 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.
3.2.2. Confidentiality of information: You will be responsible for maintaining the confidentiality of the Account information including confidentiality of your password for restricting access to your Account, and are fully responsible for all activities that occur under your Account. You agree to (a) immediately notify the Company of any unauthorised 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.
3.2.3. Use of another User’s Account information for availing the Platform Services is expressly prohibited.
3.2.4. You shall not have more than one active Account 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.
3.2.5. Your membership is non-transferrable.
3.3. Membership for Minors
4**.3. You acknowledge and agree that, in the event you have made payments in respect of any Subscription Program through your credit card, the Company is authorised to charge the same credit card as was used for the initial subscription fee. In case you wish to renew your Subscription Program, the renewal subscription fees will be billed to the Payment Details you provided, until you change the Payment Details.**
4**.4. Transaction Summary: The payment receipt for completion of a transaction and the transaction summary shall be provided by the respective mobile app marketplace, or by the Company, as the case may be, and the payment receipt and transaction summary shall be made available on the Platform and also be sent to your registered email address.**
4**.5. Failed Transactions: 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) which prevent the execution of the transaction.**
4**.6. With regards to payments, the Platform shall not be responsible or liable for any unauthorised transactions conducted on our Platform using your payment card or internet banking.**
4.7 Refunds/Cancellations: No refund is provided for cancellation of the booking, though the appointment can be scheduled to later time depending upon the time of cancellation and the availability of the physiotherapist. Any refunds would take 5-7 working days, for the amount to reflect bank in your account.
5**.1. You, for yourself and for your heirs, next of kin, executors, administrators and assigns, fully release, waive and forever discharge any and all rights or claims of any nature whatsoever, including but not limited to any claims pertaining to a physical or mental injury or illness, or claims arising out of negligence of any Released Party (as defined below) or anyone else, that you may have now or in the future, against the Company, any of its affiliates, franchisees and their respective representatives, directors, officers, independent contractors, consultants, agents, employees or volunteer staff (“Released Party”), in relation to or in connection with or arising out of the availing of Platform Services by you. Without limiting the foregoing, you further release any recourses which you may, now or hereafter, have resulting from any decision of any Released Party.**
5**.2. Without prejudice to the indemnity obligations set out under Clause 9.2 of these Terms, you agree to indemnify (reimburse for any loss) and hold harmless each Released Party from any loss or liability (including any reasonable legal fees they may incur) defending any claim made by you or anyone making a claim on your behalf, even if the claim is alleged to or did result from the carelessness or negligence of any Released Party or anyone else.**
Use of Platform
6.2. By accessing the Platform and using our Platform Services, you acknowledge and consent to receive, at any time, customer alerts, reminders, or any other communications from the Company, its employees, Vendors and/or its affiliates, or in relation to offers for other Fitness Services/Platform Services offered by the Company.
As part of the Platform Services provided to you, after availing such services, you agree to provide honest feedback/review about the concerned Platform Service, if required by the Company.
6.4. You acknowledge and agree that by accessing or using the Platform or Platform Services, 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.
6.5. **Prohibited Uses:**Without prejudice to the foregoing, you further undertake not to:
Unlawful use or Disruption/Interference with use of Platform:
(i) defame, abuse, harass, threaten or otherwise violate the legal rights of the Company or of others;
(ii) collect or store data about other Users in connection with the prohibited conduct and activities set forth in this Section;
(iii) conduct or forward surveys, contests, pyramid schemes or chain letters;
(iv) use any device or software to interfere or attempt to interfere with proper functioning of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform;
(v) upload or distribute files that contain viruses or “Trojan horse”, or overloading or “flooding” or “mail bombing” or “crashing” or corrupted files, or any other similar software or programs that may directly or indirectly damage, interfere with, or disrupts access to, the Platform or the Platform Services (or the servers and networks which are connected to the Platform) and another’s computer or provide you undue advantage or benefit in purchasing goods / availing services;
(vi) engage in any activity that interferes with or disrupts the access to Platform or Platform Services (or the servers and networks which are connected to the Platform);
(viii) 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;
Content related prohibitions:
(i) modify or alter the content available on the Platform;
(ii) distribute or sell, rent, lease, license or commercially host or otherwise make any Content on the Platform available to others;
(iii) copy, modify, re-publish, post, display, translate, transmit/distribute, reverse engineer, perform, license, create derivative works, or sell any information or software obtained from the Platform through any medium without obtaining the necessary authorization from the Company;
(iv) remove any text, copyright or other proprietary notices contained in the Content downloaded from the Platform.
Access related prohibitions:
(i) access (or attempt to access) the Platform and the materials or Platform Services by means other than through the interface provided by the Company;
(ii) probe, scan, test the vulnerability of the Platform or any network connected to the Platform, or beach the security or authentication measures on the Platform or any network connected to the Platform;
(iii) attempt to gain unauthorized access to any portion or feature thereof or any other systems, networks, servers, linked or affiliated sites, connected to or accessible through the Platform or to any Company server, by hacking, password mining or any other illegitimate means;
(iv) use of 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;
(v) reproduce or circumvent the navigational structure or presentation of the Platform, materials or any Content to obtain or attempt to obtain any material, document or information through any means not specifically made available through Platform;
(vi) reverse look-up, trace or seek to trace any information on any other User of, or visitor to, the Platform, to its source;
(vii) exploit the 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;
6.6.4 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;
6.6.5 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;
6.6.6 violate any applicable laws or regulations for the time being in force within or outside India or anyone’s right to privacy or personality;
Intellectual Property Rights
7.1. The Platform and the processes, and their selection and arrangement, including but not limited to, all text, videos, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (and any combinations thereof) (collectively, the “
”) 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. You are not permitted to use the Content without the prior consent of the Company, or the Vendors, or the third party that may own the copyright, patent, trademark or any other intellectual property right in such Content.
7.2. The trademarks, logos and service marks displayed on the Platform (“
”) 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.
If you believe the Platform or any of the Platform Services violates your intellectual property, you must promptly notify the Company in writing at
. 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 cancellation of your access to the Platform. You are required to provide the following details in your notice:
(i) The intellectual property that you believe is being infringed;
(ii) The item that you think is infringing and include sufficient information about where the material is located on the Platform;
(iii) 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;
(iv) Your contact details, such as your address, telephone number, and/or email;
(v) 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
(vi) Your physical or electronic signature.
General Terms and Conditions
Disclaimer of Warranties & Liability
You expressly understand and agree that, to the maximum extent permitted by applicable law:
8.1.3 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.
8.1.4 the Company will not be liable for any direct and/or any special, incidental, indirect, consequential, exemplary or punitive 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.
8.1.5 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.
8.1.6 any material or data downloaded or otherwise obtained through the Platform is done entirely at your own discretion and risk, and in the event there is any damage to your computer systems or loss of date, 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.
8.1.7 the Company shall not be held responsible or liable for any damages arising from periodic maintenance operations or unplanned interruption/ suspension of Platform Services that may occur due to technical reasons or for any reason beyond the Company’s control or termination of Platform Services in accordance with the Suspension and Cancellation Policy of these Terms, including but not limited to direct or/and indirect or/and incidental or/and special consequential or/and exemplary damages, whether such interruption or/and suspension or/and termination was justified or not, negligent or intentional, inadvertent or advertent.
8.1.8 You acknowledge that the above disclaimers under Clauses 6 and 9.1 are reasonable, and you will accept any such risks and/or insure accordingly.
Indemnification and Limitation of Liability
8.2.1 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, independent contractors, agents and employees on the Platform (“
Membership for Minors
), Clause 6 (
), Clause 7 (
Use of Platform
) and Clause 8 (
Intellectual Property Rights
8.2.2 In no event shall the Indemnitees be liable to you or any third party for any direct and/or any special, incidental, indirect, consequential, exemplary or punitive damages including, but not limited to, lost profits, loss of opportunity, loss of data or goodwill, service interruption, computer damage or system failure or the cost of substitute Platform Services or Fitness Services arising out of or in connection with these Terms or from the use of or inability to use the Platform, Platform Services or Content on the Platform or alteration of User’s transmissions and/or data or arising from any other matter relating to the Platform Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not the Indemnitees have been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. The limitations and exclusions in this Section apply to the maximum extent permitted by applicable laws.
Links to Website/ Homepage
8.5.1 We may provide links to other websites or services for you to access. You acknowledge that any access is at your sole discretion and for your information only. We do not review or endorse any of those websites or services. We are not responsible in any way for: (a) the availability of, (b) the privacy practices of, (c) the content, advertising, products, goods or other materials or resources on or available from, or (d) the use to which others make of these other websites or services. We are also not responsible for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on such websites or services.
8.5.2 You may also link to our home page, mobile app, or a url within, provided, you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. The Platform Services must not be framed on any other website, nor may you create a link to any part of the Platform Services unless you have written permission to do so from us. We reserve the right to withdraw linking permission with or without written notice. The website from which you are linking must be compliant in all respects with the standards set out in our policy for acceptable Use of Platform. If you wish to make any use of material on or in the Platform Services other than that set out above, please address your request to
Report Abuse and Grievance Redressal
8.6.2 In case of any dissatisfaction with the Platform Services, you shall first file a formal complaint with the customer service of the Company, prior to pursuing any other recourse. The complaints can be lodged at
, and upon lodging a complaint, you agree to provide complete support to the customer service team with such reasonable information as may be sought by them from you. The decision of the Company on the complaints shall be final and you agree to be bound by the same.
8.7.1 **Communications and Notice:**You hereby expressly agree to receive communications such as occasional special offer, marketing, survey, Platform based communication emails and other communications from the Company, Vendors and other third parties relating to the Platform Services provided through the Platform. You can unsubscribe/ opt-out or revoke your consent from receiving such communications by e-mailing to
Illustrations designed by freepik