Please read the below medical waiver and disclaimers carefully before using the
Platform or accessing any material, information or Platform Services through the
Platform.
Our Products & Services:
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.
You acknowledge that the Platform allows you to avail services / buy products
directly from the Company through online mode. We offer services through online
mode through our website https://kashishonline.in and the mobile application
developed and operated by our third-party service providers (“App-based Products
and Services”). The products and services available on the Platform are listed below:
- Purchase and avail physical and mental fitness related
memberships and allied services, including physical fitness,
mindful yoga and detoxification related activities, under the
brand name 'Kashish Online Private Limited', for both Detoxification and App-
based Products and Services (“Detoxification Services”);
- Booking appointments / sessions, for both Detoxification and
App-based Products and Services (“Booking Services”);
- Procurement and / or generation, reproduction on the Platform,
sharing with relevant Vendors (defined below) for you, if
applicable, and communication to you of (i) your indicative
usage and / or consumption data of Detoxification Services and
Booking Services; and (ii) any documents or data generated
from your purchase and / or usage and / or consumption of
aforementioned products and / or services, separately as well as
jointly with other products and / or services listed on the
Platform, including transaction summaries, invoices, reports,
scores, achievements, etc. (“Diverse Services”);
Detoxification Services, Booking Services and Diverse Services shall be collectively
referred to as “Platform Services” and shall be provided by the Company and third
parties with whom the Company has contractual arrangements (“Vendors”).
In the interest of your physical and mental wellbeing, you understand and
acknowledge that
-
Inherent risks: The Detoxification Services offered herein, by
their very nature, include certain inherent risks that cannot be
eliminated regardless of the care taken to avoid injuries and/or
any kind of losses. You hereby assert that your participation is
voluntary and that you knowingly assume all such risks and
hence hereby release the Released Party (as defined below) of
all liability arising out of such aforementioned risks;
-
Illness/Injury: You are aware of your physical limitations and
medical history and that your participation by accessing and
availing our Detoxification Services may, in some
circumstances, result in a physical injury or impact /worsen
psychological condition or mental fitness. You also undertake
that you are sufficiently self-aware and would stop any physical
activities on the Platform Services before you become ill or
injured, physically or psychologically. You will not attribute any
such illness/ injuries/loss to your health, of any kind, to the
Platform Services offered by us. Further, we make no
representation, whatsoever, that Detoxification Services
provided by us are appropriate or safe for us.
- You will not participate in the Platform Services under the
influence of heavy medication, drugs, alcohol or other mood-
altering substances, or undertake the exercises/training offered
through our App-based Products and Services while driving or
operating any machinery.
- Consultation by physician/healthcare provider:
- You would consult your physician or health care provider
before enrolling for the Detoxification Services offered by
us/ booking our classes, in the event you are or
expect/suspect to (a) be pregnant, or (b) wear a
pacemaker, or (c) suffer from epilepsy or seizures, or (d)
have a history of mental illness, or (e) have eating
disorder, or (f) have diabetes, or (g) have any other
physical/ psychological/ emotional/ medical condition, or
(h) are taking any strong medication.
- You will obtain the approval of your health care
provider/doctor before participating in the Platform
Services, in the event you are over 65 years of age.
- Medical Aid:There is no obligation for any person to provide
you with medical care while performing the activities offered
under the Platform Services. You further understand and
acknowledge that there may be no aid stations available for the
said activity.
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.
Without prejudice to the indemnity obligations the Company 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.