TERMS, CONDITIONS AND PRIVACY POLICY

Stronger with Zoe and all its programs are owned entirely and in full by ZVPD Wellness LLP (ZVPD), a limited liability partnership registered with the Ministry of Corporate Affairs in New Delhi, India. 

Website Terms and Terms of Business

These Website Terms and Terms of Business govern your use of our website, www.strongerwithzoe.com, (the “Website”) and your relationship with ZVPD WELLNESS LLP  ( “we”, “us” or “ZVPD”). Please read these terms carefully as they affect your rights and liabilities under the law. 

Our website www.strongerwithzoe.com provides an online personal training service through which you can purchase fitness e-books, online courses and tailored fitness and diet programs. 

These terms will apply to all users (“you”) of the Website and all purchasers of Products/ Services.  

By using the Website, or by purchasing any Products/Services from us, you agree that you have read, understood and are bound by these Terms of Use. By using the Website, or by purchasing any Products/Services from us, you agree that you are at least 18 years old or have your parent’s or guardian’s permission to use/access/purchase any products/services from us or our website and that you/your parents/guardians have read, understood and are bound by these Terms of Use. If you do not agree to these Terms and Conditions, please do not register as a member, use the Website, or purchase any of our Services or Products. Please also see our Privacy Policy for information about how we collect and use your personal data. Our Privacy Policy is available forms part of these Terms and Conditions and by accessing/ using our website and/or our Products/ Services you agree to our Privacy Policy along with the other Terms and Conditions mentioned herein.  

Please note: that these Terms and Conditions may be amended from time to time. Notification of any changes will be made by us by posting new terms onto the Website. In continuing to use the Website you confirm that you accept the then current Terms of Use in full at the time you use the Website. If you do not accept the amended Terms of Use then you must cancel your registration or subscription and the previous terms will continue to apply pending termination. 

Clearance from Medical Expert on Physical Readiness 

ZVPD WELLNESS LLP (nor any of its employees, agents or representatives), is engaged in rendering medical advice, nor does it (or any of its employees, agents or representatives) hold itself as qualified to do so. The content of our website/ products/ services is not intended to replace or be a substitute for professional medical advice, professional dieticians advice, diagnosis or treatment and has been created for information purposes only.  

We strongly recommend that you seek professional medical advice before embarking on any diet or exercise program. 

Many health benefits are associated with regular exercise and the completion of a 'Physical Activity Readiness Questionnaire' (PAR-Q) is a sensible first step to take if you are planning to increase the amount of physical exercise in your life. For most people, physical activity should not pose any problem or hazard. The PAR-Q is designed to identify the small number of adults for whom physical activity might be inappropriate or those who should seek medical advice concerning the type of activity most suitable for them. 

Accordingly, please read the following questions carefully and answer each one honestly. 

1. Do you have a bone or joint problem such as arthritis, which has been aggravated by exercise or might be made worse with exercise? 

2. Do you have high blood pressure? 

3. Do you have low blood pressure? 

4. Do you have Diabetes mellitus or any other metabolic disorder? 

5. Has your doctor ever said that you have raised cholesterol (serum level above 6.2mmol/L)? 

6. Has your doctor ever said that you have a heart condition and that you should only do physical activity recommended by a doctor? 

7. Have you ever felt pain in your chest when you do physical exercise? 

8. In the past month, have you had chest pain when you were not doing physical activity? 

9. Is your doctor currently prescribing you any drugs or medication? 

10. Have you ever suffered from shortness of breath at rest or with mild exercise? 

11. Is there any history of Coronary Heart Disease within your family? 

12. Do you ever feel faint, have spells of dizziness or have ever lost consciousness? 

13. Do you currently drink more than the average amount of alcohol per week? [Average Amount: 7 pints of Beer 'OR' 7 small glasses of Wine 'OR' 25 ML measures of Spirits] 

14. Do you currently smoke more than 4 cigarettes a day? 

15. Are you, or is there any possibility that you might be pregnant? 

16. Have you given birth to a child within the last 2 months? 

17. Have you had any recent surgery? 

18. Do you know of any other reason why you should not participate in a programme of physical activity? 

If you answered YES to one or more questions in the PAR-Q, consult with your doctor by telephone or in person before increasing your physical activity. Inform your doctor of the questions that you answered ‘yes’ to on the PAR-Q. After medical evaluation, seek advice from your doctor as to your suitability for unrestricted physical activity. 

If you answered NO to all questions in the PAR-Q honestly and accurately, you have reasonable assurance of your present suitability for a graduated exercise programme. 

Assumption of Risk: 

You hereby state and agree that you have read, understood and answered honestly the questions in the PAR-Q. You also state that you wish to participate in Stronger with Zoe programs which involve activities, which may include aerobic exercise, resistance exercise and stretching. You realise that your participation in these activities involve the risk of injury and even the possibility of death. If you engage in any exercise in connection with any of our website/products/services, you agree that you do so at your own risk. You also realise that Zoe Modgill, her 'Stronger with Zoe' Program and her agents assume no liability for persons who undertake physical activity, and if in doubt after completing this questionnaire, you shall consult your doctor prior to physical activity. By going ahead and using/ purchasing our website or any of our products/services you agree to indemnify us from any claim, liability or expense arising from an injury or health problem that may arise from the use of our website/products/services. 

Our Products/Services 

We will offer through the Website the following products/services (“Products”) including but not limited to e-books; videos; training guides; online coaching; meal plans; individually tailored personal plans. We reserve the right to add or remove products at any time. Each product would have the product details such as price, length, validity and what it contains, detailed on the website. The individual product details form a part of these terms and conditions and by purchasing any of these products you acknowledge that you have read, understood and agreed to these. 

Fees 

You can view and access the Website free of charge, however in order to purchase any of our Products you must register as a member. The fees payable in respect of the products and services will be clearly displayed on the Website/Sales pages. Applicable taxes as per Indian Laws which include but are not limited to "GST" meaning Goods and Services Tax will be levied and must be paid over and above the mentioned fees of the products/services. 

Payment And Currency Disclaimers 

All payment transfers conducted through us are handled and transacted through third party payment gateways and e-commerce platforms like Shopify and Razorpay. Please read the terms & conditions for the payment gateway chosen for the transaction as they are responsible for any transactions made and are liable for any loss or damage you may suffer as a result of using the third party payment gateway. 

All payment amounts are represented in Indian Rupees (INR) as this is the currency of our host country. The prices mentioned in INR if paid in other currencies are subject to change in accordance with the foreign exchange rates at any given time. 

Payments are accepted by credit card, debit card, gift cards, payment wallets, net banking and others subject to the terms and conditions of the third party payment gateways. For successful purchase, you must submit valid payment details nominating a Payment Method.Once you successfully complete a purchase you will receive an email from us with a link to the Product of your purchase. If for whatever reason you do not receive an email, please contact us with your transaction details, including the email ID through which the payment was made. We will revert back to you with your Product details and download link as soon as practicable. 

We reserve the right to accept or reject any Order for any reason including if the Product is unavailable, an error has occurred in your order, the Product description or price has been incorrectly posted on the Site or for any breach of these Conditions. If we reject an Order placed by you, we will attempt to notify you of that rejection within a reasonable time after your Order has been submitted. If we suspect that a transaction has occurred that may be illegal or in breach of these Conditions, we may contact you to confirm your payment and personal details. If we are unable to contact you we may cancel your Order without further notice. 

All purchases are non-refundable or exchangeable and are considered final at the time of placing the order. In cases where a purchase error is made please contact us via support@strongerwithzoe.com to discuss a resolution.  Once an order has been accepted and your payment has been processed, cancellation of the order is within our sole discretion. Any order which is not cancelled is subject to these terms and conditions. 

If you want to end your contract with us and want us to delete your data or have any other concerns, please let us know by emailing us at support@strongerwithzoe.com. Please provide your name, home address, details of the order and, where available, your phone number and email address. Further please also tell us of the reason you wish to cancel. 

We reserve the right to terminate your Account, remove or edit content, cancel orders at our sole discretion at any time without notice. We will not be held liable for any loss or damage arising from exercising this right. 

Registration 

When you register as a member we will ask that you provide certain personal information including but not limited to your name, email address, postal address, and, your payment details. Any personal information you provide to us with will be handled and used in accordance with our Privacy Policy. You agree that all personal information that you supply to us will be accurate, complete and kept up to date at all times. We may use the information provided to us to contact you. 

On registration you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. If you know or suspect that someone else knows your password you should notify us by contacting support@strongerwithzoe.com immediately. 

If we have reason to believe that there is likely to be a breach of security or misuse of the Website through your account by means of the use of your password or otherwise we may require you to change your password or we may suspend your account. Until we are satisfied that your account is secure, you may not be able to access the Website. 

Accounts can only be created for individuals and are created for the named individual only. Accounts may not be transferred or sold to or distributed to or shared with another person. You may update or cancel your account at any time. You must not have more than one active account at any time. 

Licence

On your purchase of the relevant Product, we will grant to you, for your own personal use only, a limited, non-exclusive, non-transferable license to access our Website and (as the case may be) access videos on a streaming only basis; access and download e-books; access online training programs; access and download personalised fitness plans. Except for the foregoing limited license, no right, title or interest shall be transferred to you. All of our Products remain the exclusive property of ZVPD WELLNESS LLP and the duration of the license for each product may vary and shall be mentioned in the product details on our website. 

You are not permitted to share any of the content licensed under these terms with any other individuals and have no right to lend, copy, distribute, share, lease, edit, on sell, modify, create derivative works of the Product, transfer or trade the Product in any form. 

Viruses, hacking and other offences 

You agree not to upload any files or post, distribute publish any files on the Website that contain viruses, corrupted files, or malicious code or any other similar software or programs that may damage the operation of another’s computer.You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. 

By breaching this provision, you would commit a criminal offence and we will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your membership and right to use the Website will cease immediately. 

We will not be liable for any loss or damage caused by viruses, a distributed denial-of-service attack or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it. 

Availability 

Although we aim to offer you the best service possible, we make no promise that the Website will meet your requirements. We cannot guarantee that the Website will be fault-free. If a fault occurs with the Website you should report it to support@strongerwithzoe.com and we will attempt to correct the fault as soon as we reasonably can. 

Your access to the Website may be occasionally restricted or interrupted to allow for repairs, maintenance or the introduction of new facilities or services or because we are unable to offer the Website for reasons beyond our control (such as a denial of service attack). In this event we will attempt to restore the service as soon as we reasonably can. Any such restrictions or interruptions shall not constitute a breach by us of these terms. 

Expected ResultsWhile we believe that for most people, following our programmes and methods will lead to desired results, all exercise programs depend on the individual. Result will be affected by the effort and commitment of the individual, however in some circumstances even where an individual follows our program, they may not achieve the desired results. We therefore provide no warranties of any kind, express or implied, as to the effectiveness any techniques, diets or programmes that we deliver; or the results that you may achieve as a result of following our programs. 

All testimonials shown on our website or in our content are real people who have followed the plans provided by us. For the avoidance of any doubt, however, they are not indicative of the results that you are likely to achieve, rather they are included as examples of the results that particular individuals have achieved. 

Intellectual Property 

ZVPD WELLNESS LLP is the sole owner of all the Intellectual Property of our website www.strongerwithzoe.com and all its programs, products and services. 

Intellectual Property includes but is not limited to confidential information, copyright, trademarks, patents, designs and digital Products including ebooks, pdf downloads, resource material, videos and online content 

By providing any content for distribution by the use (such as before and after photographs) you expressly grant us a worldwide, royalty-free, perpetual, irrevocable licence to use, copy, store, perform, display and distribute such content. 

The format and content of the Website/our products is protected by Indian and international copyright laws and we reserve all rights in relation to our copyright whether owned or licensed to us and all rights are reserved to any of our registered and unregistered trademarks (whether owned or licensed to us) which appear on the Website/our products. 

This Website/our products or any portion of this Website/our products may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not systematically extract and/or re-utilise parts of the contents of the Website/our products without our express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of the Website/our products without our express written consent. 

General 

These conditions are governed by and construed in accordance with Indian Laws. You agree, as we do, to submit to the non-exclusive jurisdiction of the Indian courts in particular the courts in New Delhi, India. 

You shall comply with all foreign and local laws and regulations which apply to your use of our Website/our products in whatever country you are physically located, including without limitation, consumer law, export control laws and regulations. 

If you breach these Terms of Use and we decide to take no action or neglect to do so, then we will still be entitled to take action and enforce our rights and remedies for any other breach. 

We will not be responsible for any breach of these Terms of Use caused by circumstances beyond our reasonable control. 

We may make changes to the format of the Website/our products at any time without notice. We reserve the right to amend any information, including but not limited to prices, technical specifications, terms of purchase and product offerings without prior notice. 

You agree that we will charge you for any Product ordered through your account. You are liable and responsible for any person who uses your account either with your consent or wrongfully. 

Our website/products may contain links which are hosted by third parties. The other content displayed on those websites is not our responsibility and we do not endorse or approve of these external websites or any services that are provided by those websites. 

Release of Liability  

We recommend that you have a yearly or more frequent physical examination and consultation with your physician as to physical activity, exercise, and use of exercise and training equipment so that you might have received appropriate recommendations concerning these fitness activities and equipment use. Accordingly any actions that you take in relation to our website/ our products should not be pursued regardless or to the exclusion of other information, opinions or judgments that are available to you. 

You acknowledge that you have either had a physical examination and have been given your physician’s permission to participate in physical activity, exercise, and use of exercise and training equipment, or that you have decided to participate in physical activity, exercise, and use of exercise and training equipment without the approval of your physician and do hereby assume all responsibility, risk and liability for your participation in physical activity, exercise, and use of exercise and training equipment. 

You do hereby agree  for yourself, your heirs, executors, administrators and assignees, waive, release, and forever discharge ZVPD and ZVPD WELLNESS LLP, its officers, agents, employees, representatives, executors, and all others from any and all responsibilities or liability for injuries or damages of whatsoever nature including; personal injury, data or loss of income that may arise from the use of our Products services or content where negligent or otherwise. 

Indemnity 

You agree to indemnify ZVPD WELLNESS LLP, its officers, agents, employees, representatives, executors, and all others on a full indemnity basis, from any and all third party claims, liabilities, expenses, including solicitor/client costs, that may be incurred or suffered as a result of any breach of these Conditions by you or any third party damage caused as a result or in connection with any breach by you of these Conditions.  

You agree to indemnify ZVPD WELLNESS LLP, its officers, agents, employees, representatives, executors, and all others on a full indemnity basis, from any claim, liability or expense arising from an injury or health problem that may arise from the use of our Products services or content.

PRIVACY POLICY

Stronger with Zoe and all its programs are owned entirely and in full by ZVPD Wellness LLP (ZVPD, us, we), a limited liability partnership registered with the Ministry of Corporate Affairs in New Delhi, India. ZVPD takes customer privacy and security of customer data and information very seriously. 

If you do not agree with this Privacy Policy, please do not register as a member, use the Website, or purchase any of our Services or Products. By going ahead and using or purchasing any of our products and services you explicitly agree with this policy. 

What data do we collect? 

1. Personal details such as name, email address, postal address, phone number, social media name or handles, date of birth, gender, nationality . This is so we can contact you and to authenticate you signing in and out of our service as well as to provide you products and services you request. 

2. IP address and time of site visits and general use of our website and programs. This is standard practise to aid in the running of our servers in case of a fault. 

3. Your height, weight, age, and information about your fitness levels, medical conditions and diet. This is so we can provide you with the correct program for your needs. 

4. Progress photos. This is so we can accurately assess how the training is affecting you and provide you with the best service possible. We also reserve the right to use this data for marketing purposes. 

5. Any personal data that is communicated to us directly or indirectly via letters, emails, chat services, calls, and social media; and 

6. Data regarding your location, including real-time geographic location of your computer or device through GPS, Bluetooth and your IP address, along with crowd-sourced Wi-Fi hotspot and cell-tower locations, but only if you use location-based features and turn on the location services settings on your device or computer. 

7. Billing and invoice information for accounting and audit purposes. We do not store or process your credit/debit card or other payment details- the e-commerce platform and payment gateways we use will do this in a secure manner. 

What we could use the data collected for? 

By providing any personal data you explicitly agree that we may use it for: 

1. Administrative and legal purposes including but not limited to statistical and marketing analysis, systems testing, customer surveys, maintenance and development, or in order to deal with a dispute or claim. 

2. Marketing of our programs, products and services. 

3. Customer service communications and providing tailored services. 

How long will your data be stored? 

We will store your data until you tell us not to in order to provide you with the best possible service. You may withdraw your consent for us to store/use your data at any time by contacting us. 

How is the data stored? 

The data you provide to us is protected using SSL (Secure Socket Layer) technology. SSL is the industry standard method of encrypting personal information and credit card details so that they can be securely transferred over the Internet. 

Sharing your personal data 

We may share limited data with select third parties for the purposes required by them including but not limited to Government authorities, law enforcement bodies and regulators for compliance with legal requirements; Our trusted third party ancillary partners (identified on our website), who many offer products and services on or through our website; on Social Media, Google Analytics, Facebook and Instagram advertising. 

The host of our online store (Shopify Inc.) provides us with the online e-commerce platform to sell our products and services to you. Your data is stored through Shopify’s data storage, databases, and the general Shopify application. By using services provided by Shopify Inc. you agree to their terms and conditions and privacy policy. 

We do not store or process your credit/debit card or other payment details, the e-commerce platform and payment gateways we use will do this in a secure manner. These may include third party payment gateway providers, such as but not limited to Razorpay. We suggest that you read the privacy policy for any such third-party provider. 

Cookies and Site Tracking 

We may collect data from other sources such as through the use of “cookies”. We may also gather information from both online and offline data providers. This information could include internet browsing behaviour, demographic data or interest-based data. To opt out of cookies, you can alter the settings on your internet browser to accept or reject a website from using cookies. This may affect functionality of the website. 

When you browse our website, we automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system. We may also collect data: regarding device IDs or identifiers, connection information, device software, statistics of page views, ad data, referral URLs and IP data. 

Changes to Privacy Policy/ Contact Details 

Our privacy policy may change from time to time. Any changes will be communicated to you by way of an e-mail or a notice on our website. If you would like to request more information about how we store your data or to have it removed from our servers please contact us on support@strongerwithzoe.com.