Hapto Fit is a property of and operated by Dieatto wellness private limited registered under the Companies
[1956/2013], and having its registered office at Guntur, Andhra Pradesh, India. By accessing or using any
version of the
Hapto Fit application (android, iOS & webapp) (” Product”), you signify that you have read, understood and
agree to be
bound by these Terms and Conditions (“T&C”) and any other Productlicable law. As used herein, “Users”
shall mean anyone
who uses or accesses the Product on any computer, mobile phone, tablet, console or other device
"Device"). Your continued use of the Product shall be constituted as your acceptance to the T&C, as
revised from time to
time. If you do not agree with these T&C, please do not access and use the Product. For the purposes of
these T&C, “we”,
“our” and “us” shall mean Hapto Fit, and/or third-party service providers engaged by Dieatto wellness
private limited to
render certain services on the Product and “you” and “your” shall mean a Gym owner/Gym trainer/User who
eligibility criteria set out below.
We reserve the right to update or modify these T&C at any time without prior notice. Your access and use
of the Product
following any such chang`e constitutes your agreement to follow and be bound by these T&C, as updated or
this reason, we encourage you to review these T&C each time you access and use the Product.
You represent and warrant that you are competent and eligible to enter into a legally binding agreement
and be bound by
these T&C. You shall not access and use the Product if you are not competent to contract under the
rules and regulations.
If you represent a company, partnership firm or sole proprietorship, you shall be eligible to access the
avail of the features and facilities on its behalf only if you have been duly authorized by way of
action, as may be prescribed statutorily and/or under the charter documents of such entity and further, if
fulfilled such additional eligibility requirements as client may require in connection therewith.
All of the content on the Product, including, without limitation, all of the page headers, images,
graphics, audio clips, video clips or text, reports generated, trademarks, tradenames ("Product Content"),
our and our licensors’ intellectual property. Copyright laws in all applicable jurisdictions protect the
Product and the
You may access the Product, avail of the features and facilities and utilize the Product Content for your
internal requirements only. You are not entitled to duplicate, distribute, create derivative works of,
commercially exploit the Product Content, features or facilities, directly or indirectly, without our
permission. If you would like to request permission to commercially exploit any particular Product
Content, you could
contact us in the manner provided for herein.
Dieatto wellness private limited and its licensors, if any, are the sole owners of the underlying
software and source
code associated with the Product and all the trademarks, copyright and any other intellectual property
rights of any
nature in the Product.
You have an option to set a security passcode on the Product once you are approved for a credit limit.
responsible for maintaining the confidentiality of the passcode and your account (“Account”) and are fully
for all activities that occur under your passcode or Account. You agree to: (a) immediately notify us of
unauthorized use of your passcode or Account or any other breach of security; and (b) ensure that you exit
Account at the end of each session. We cannot and will not be liable for any loss or damage arising from
your failure to
comply with this Clause 4.
You hereby acknowledge that the deletion of the Product from the Device does not constitute termination
of your Account
and agree to undertake the process detailed herein in order to complete de-registration. If and when you
are desirous of
having your name and other details removed from the records of Hapto Fit app, immediately upon receiving
request to that effect Dieatto wellness private limited shall remove and/delete all such information.
Accepting these T&C, implies your express consent to be contacted by us, our agents, representatives,
anyone calling on our behalf at any contact number, or physical or electronic address provided by you
your Account. You further agree to us contacting you in any manner, including without limitation, SMS
(including text messages), calls using pre-recorded messages or artificial voice, calls and messages
auto telephone dialling system or an automatic texting system, and notifications sent via the Product.
messages may be played when the telephone is answered, whether by you or someone else. In the event that
an agent or
representative calls, he or she may also leave a message on your answering machine, voice mail, or send
one via SMS.
You certify, warrant and represent that the telephone numbers and/or email addresses and any other
information that you
have provided to us are your own and not someone else's and are true, accurate, current and complete. You
you are permitted to receive calls at each of the telephone numbers you have provided to us and emails at
each of the
email addresses you have provided us. You agree to notify us whenever you stop using a particular
and/or email address (es).
In consideration of Dieatto wellness private limited granting you the rights hereunder, you hereby agree
not to use the
Product for any purpose that is unlawful under any applicable laws and/or in violation of the terms of
these T&C and our
server, or any network(s) connected to any Hapto Fit’s server, or interfere with any other party's use and
the Product. You shall not attempt to gain unauthorized access to any functions and features, other user
computer systems or networks connected to any Hapto Fit’s server, in any manner, including, through hacking,
mining or any other means. You shall not obtain or attempt to obtain any materials or information through
which is not intentionally made available through the Product.
The Product is made available to you for your own personal and non-commercial use alone. You shall not
parties to: (i) make and/or distribute copies of the Product or any deliverable generated by the Product;
to copy, reproduce, alter, modify and/or reverse engineer the Product; and/or (iii) create derivative
works of the
You accept that any and all operations emanating from your Device shall be assumed to have been initiated
You shall not copy, reproduce, distribute, or create derivative works of our content that is available
on the Product.
Also, you shall not reverse engineer or reverse compile our technology that is available on the Product,
without limitation, such Java applet, as may be associated with the Product from time to time.
You shall request email@example.com to block the Account and change the passcode immediately for the
Account, if your
Device has been lost or stolen.
You are responsible for any and all activities that occur in your Account. You agree to notify
immediately of any unauthorized use of the Account or any other breach of security. Dieatto Wellness
shall not be liable for any loss to you or your organization owing to negligent actions or a failure on
your part to
inform firstname.lastname@example.org within a reasonable time, about loss or theft of your Device and/or any
unauthorized access in
your Account, either with or without your knowledge.
You shall be liable for losses incurred by you or any other party due to a third party’s use of the
Account. You shall
not use any other person’s account at any time, without the permission of the account holder and Hapto Fit
Dieatto Wellness private limited shall make all reasonable efforts to ensure that your information is
However, Dieatto Wellness private limited shall not be responsible for any disclosure or leakage of
information and/or loss or damage of the Device due to theft, negligence or failure on your part to
You shall ensure that while using the functions and features, all prevailing and applicable laws, rules
shall at all times, be strictly complied with by You and Dieatto Wellness private limited shall not be
liable in any
manner whatsoever for default of any nature, by you, regarding the same.
You understand and acknowledge that upon using the Product, you authorize us to access third party sites
you, on your behalf, to retrieve such information requested by you, and to register for accounts requested
by you. For
all purposes hereof, you hereby grant us a limited powers and hereby authorize us with the full power of
and re-substitution, for you and in your name, place and stead, in any and all capacities, to access third
internet sites, servers or documents, retrieve information, and use your information, all as described
above, with the
full power and authority to do and perform each and every act and thing requisite and necessary to be done
with services and facilities available on the Product, as fully to all intents and purposes as you might
or could do in
person. YOU ACKNOWLEDGE AND AGREE THAT WHEN WE ACCESSES AND RETRIEVE INFORMATION FROM THIRD PARTY SITES,
WE ARE ACTING
AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY. You agree that such third parties shall
be entitled to
rely on the foregoing authorization, agency granted by you.
You must notify your bank immediately in the event your credit card and debit card are lost, stolen, not
swallowed at an ATM, or is being misused without your permission. Please refer the detailed instructions
your bank for additional precautions to be taken in case of loss/ theft/ misuse of your credit card/debit
You agree to protect, defend and indemnify us and hold us and our representatives harmless from and
against any and all
claims, damages, costs and expenses, including attorneys' fees, arising from or related to your access and
use of the
Product in violation of these T&C and/or your infringement, or infringement by any other user of your
Account, of any
intellectual property or other right of anyone.
The terms of this provision will survive any termination or cancellation of these T&C or your use of the
The Product and the functions and features therein are provided on an "as is" and on an "as available"
expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to
warranties of merchantability, fitness for a particular purpose and non-infringement.
Dieatto Wellness private limited shall make reasonable efforts to make available the Product and the
features at all times. However, we make no warranty that the Product shall meet your requirements, be
timely, secure, and/or error free. Further we do not make any warranty as to the results that may be
obtained from the
use of the functions and features or as to the accuracy, reliability and/or quality of the output derived
Dieatto Wellness private limited shall not be liable for the loss and/or damage of the confidential
information or data
of the User arising as a result of an event or a series of related events, that is beyond the control of
wellness private limited including failures of or problems with the internet or part of the internet,
attacks, hacker attacks, denial of service attacks and/or viruses or other malicious software attacks or
Any material downloaded or otherwise obtained through the Product is done at your own discretion and risk
and you are
solely responsible for any damage to your Device or loss of data that results from the download of any
such material. No
advice or information, whether oral or written, obtained by you from us through or from the service will
warranty not expressly stated in these T&C.
IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES OR FOR
ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING
OUT OF OR IN ANY
WAY CONNECTED WITH THE ACCESS, USE OR PERFORMANCE OF THE PRODUCT’S FUNCTIONS AND FEATURES OR FOR
ETC., EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF DAMAGES RESULTING FROM THE COST OF GETTING SUBSTITUTE
THE PRODUCT, ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR
ENTERED INTO THROUGH OR FROM THE PRODUCT, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
OR CONDUCT OF ANYONE ON THE PRODUCT, OR INABILITY TO USE THE PRODUCT, THE PROVISION OF OR FAILURE TO
FUNCTIONS AND FEATURES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. THIS
SURVIVE IN PERPETUITY.
If any provision of these T&C is held to be illegal, invalid or unenforceable under any present or
future Productlicable laws: (a) such provision will be replaced with another, which is not prohibited or
unenforceable and has, as far as possible, the same legal and commercial effect as that which it replaces;
and (b) the remaining provisions of the T&C will remain in full force and effect and will not be affected
by the illegal, invalid, or unenforceable provision or by its severance here from.
Dieatto Wellness private limited may terminate the use of the Product at any time after giving notice of the termination to you.
Upon termination, the rights and license granted to you herein shall terminate and you must cease all use of the Product.
Any failure on the part of Dieatto Wellness private limited to require performance of any provision of these T&C shall
not affect its right to full performance thereof at any time thereafter, and any waiver by Dieatto Wellness private
limited of a breach of any provision hereof shall not constitute a waiver of a similar breach in the future or of any
You shall not assign or transfer any rights, obligations, or privileges that you have under these T&C, without the prior
written consent of Dieatto Wellness private limited. Subject to the foregoing, these T&C will be binding on the
successors and permitted assignees of Dieatto Wellness private limited. Any assignment or transfer in violation of this
clause will be deemed null and void.
The Product is independent of any platform on which it is located. The Product is not associated, affiliated, sponsored,
endorsed or in any way linked to any platform operator, including, without limitation, Apple, Google, Android or RIM
Blackberry (each being an “Operator”).
Your download, installation, access to or use of the Product is also bound by the terms and conditions of the Operator.
You and Dieatto Wellness private limited acknowledge that these T&C are concluded only between you and Dieatto Wellness
private limited, and not with an Operator, and solely responsible for the Product and the content thereof to the extent
specified in these T&C.
Dieatto Wellness private limited is solely responsible for providing any maintenance and support services with respect
to the Product as required under Productlicable law. You and Dieatto Wellness private limited acknowledge that an
Operator has no obligation whatsoever to furnish any maintenance and support services with respect to the Product.
You and Dieatto Wellness private limited acknowledge that Dieatto Wellness private limited, not the relevant Operator, is responsible for addressing any User claims or any third party claim relating to the Product or your possession and/or use of the Product, including, but not limited to: (i) any claim that the Product fails to conform to any Productlicable legal or regulatory requirement; and (ii) claims arising under consumer protection or similar legislation.
You and Dieatto Wellness private limited agree that, in the event of any third party claim that the Product or your possession and use of the Product infringes that third party’s intellectual property rights, Dieatto Wellness private limited and not the relevant Operator, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim; provided such infringement was caused by you(USER).
You must comply with any Productlicable third party terms of agreement when using the Product (e.g. you must ensure that your use of the Product is not in violation of your Device agreement or any wireless data service agreement).
You and Dieatto Wellness private limited agree that the relevant Operator, and that Operator’s subsidiaries, are third party beneficiaries of these T&C, and that, upon your acceptance of these T&C, that Operator will have the right (and will be deemed to have accepted the right) to enforce the terms of these T&C against you as a third party beneficiary thereof.
Dieatto Wellness private limited reserves the right to update the Product, in order to, inter alia, increase efficiency, optimize user interface, and add new facilities from time to time. Update packages will be sent to you on your Device for download and installation.
You hereby agree to install the updates from time to time and acknowledge that Dieatto Wellness private limited will only be able to provide Account support for the Product if you ensure to install all updates upon receiving notifications thereof when using the Product.
These T&C shall Productly when you complete the authentication process and create an Account and shall remain valid and binding on you for so long as you maintain the Account.
Hapto Fit App (Android,IOS,website) does not guarantee magic weight loss and results will vary. Weight loss with Hapto Fit is designed for no more than 1-2 Kgs per week as part of a calorie-controlled diet and will depend on your individual Wellness goals and progress. Hapto Fit takes a comprehensive approach to weight loss that includes research-based nutrition plan recommendations, physical activity tracking, community support, digital meal plans, recipes and Wellness goal tracking.
The Wellness Tracker is an indicator of the user’s wellbeing and not an exact depiction. Depending on their wellness scores the user is always encouraged to seek/not seek medical help at their own discretion and Dieatto Wellness private limited shall not be held responsible in these matters.
Dieatto Wellness Private limited shall not be liable to the discrepancies arising between gym owner, gym trainer and the gym user.
The Gym owner/gym trainer shall be solely responsible for assigning the workout plans to their individual users and Dieatto Wellness private limited shall not be held accountable in this matter.
The gym owner/gym trainer shall be solely responsible for events arising from the community platform in the app and Dieatto Wellness private limited does not hold direct responsibility to those events.
The gym user shall solely be responsible for their actions in the gym social community platform on the app such as creating a post, commenting, liking, deleting post and Dieatto Wellness private does not hold direct responsibility to these matters.
You (User/Gym trainer/Gym user) must not abuse, harass, threaten, impersonate or intimidate other Haptofit users in the social community platform.
You (User/Gym trainer/Gym user) may not use the social community service for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
You (User/Gym trainer/Gym user) are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links ("Content") that you submit, post, and display on the Hapto fit app.
We do not offer any Reurn/Refund for the services already purchased to avail services at your respective Fitness Studio. Your Fitness Studio is solely responsible for the Refunds/Cancellation of your Purchase.
If there are any questions regarding the above Terms and Conditions, we can be reached with the details mentioned below;
DIEATTO WELLNESS PRIVATE LIMITED
7-19-160/85, 5/4 line, Mallikharjunaraopet, Revenue ward 18,
Guntur, Andhra Pradesh, India, 522002