Terms of Use for Staff Users and Admin Users
(Effective: 4 November 2026)
Thank you for using Pilates & Beyond. These Terms of Use (the "Terms") are applicable to Admin Users and Staff User and set out their rights and responsibilities with respect to their access to and use of the Pilates & Beyond website, admin and employee portal, at https://pilatesandbeyond.in and/or the “Pilates & Beyond” mobile application (available on Google Play and the Apple App Store) (collectively referred to as the “Platform”) made available to you by PICO Enterprises Private Limited including but not limited to delivery of information via the website whether existing now or in the future that link to the Terms (collectively, the "Services").
In order to use the Services, you must first agree to the Terms and our privacy policy for employees and trainers, made available to you within the Platform (“Privacy Policy”) (collectively referred to as the “Agreement”). You can accept the Terms by:
- Clicking to accept or agree to the Terms, where it is made available to you by the Company on the Platform for any particular Service; or
- Using the Services. In this case, you understand and agree that the Company will treat your use of the Services as acceptance of the Terms from that point onwards.
This Agreement sets out the Terms under which the Admin Users and Staff User (hereinafter defined) is/are permitted to use the Platform and the Services (hereinafter defined) available thereunder.
The terms ‘You’ or ‘‘Your’ refer to You as an Admin User or Staff User, and the terms ‘Pilates & Beyond’, ‘P&B’, ‘We’, ‘Us’, ‘Company’, and ‘Our’ refer to PICO Enterprises Private Limited.
We may change, modify or otherwise amend these Terms at any time by posting an updated version of these Terms on the Platform (defined hereunder). The updated version of these Terms shall take effect immediately upon posting and may be notified, via the Platform or any other mode of communications as may be provided to Us by You. It is your responsibility to review these Terms periodically for updates / changes and you are encouraged to check these Terms frequently. Your use of the Platform following any amendment of these Terms will signify your assent to and acceptance of any revised Terms. If you do not agree to abide by these or any future Terms, please do not use or access the Platform.
You have the right to opt-out of agreeing to these Terms, and therefore also using the Platform. If you are not comfortable with any of the Terms or do not wish to be bound by the same, you are at liberty to refrain from using the Platform and the Services. However, please be aware that your use of the Services would mean deemed acceptance of these Terms and its associated policies, including any modifications thereof. As long as you comply with these Terms, Pilates & Beyond (as defined below) grants you a personal, non-exclusive, non-transferable, limited and revocable license to use the Services.
The Terms are published in accordance with the provisions laid down under Rule 3(1) of the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021 and the same constitutes “Electronic Record” within the meaning of Section 2(t) of the Information Technology Act, 2000 and the Rules framed thereunder. These Terms are also governed by all applicable laws including but not limited to Indian Contract Act, 1872. These Terms being an electronic record does not require any signature.
1. THE WEBSITE
1.1. This Platform is coined, adopted, maintained and operated by PICO Enterprises Private Limited, a Company incorporated under the Laws of India, having its registered office at Plot No. 12, Flat No. 201, Yusuf Manzil, Durga Vihar Colony, Trimulgherry, Hyderabad, Secunderabad, Telangana – 500015.
1.2. Pilates & Beyond is set up to leverage the power of digital technology to empower its studios, Admin Users, and Employees by facilitating a technological ecosystem for the management of Pilates & Beyond's studios ("Studio(s)") and a network for scheduling, communication, and service delivery to clients of Pilates & Beyond ("Users/ Client"), including but not limited to bookings, attendance, membership management, and access to fitness-related information submitted by Users, for the purpose of delivering such services.
2. ADMIN USERS AND STAFF USERS
2.1. The Platform is owned, managed and operated by Pilates & Beyond. The Platform may only be accessed by individuals who have been directly engaged, appointed or authorized by Pilates & Beyond to use the Platform in connection with the operation and management of its Studios ("Authorized User"). Such individuals are onboarded onto the Platform in accordance with the procedure determined by Pilates & Beyond and are provided with a username and password (or other access credentials) by Pilates & Beyond for this purpose.
2.2. An Authorized User who has been designated by Pilates & Beyond to have complete access to the Platform and the functions provided therein, including the right to own, manage, edit and view the Authorized User Account (as defined below), shall be referred to as an "Admin User" and an Authorized User who has been designated by Pilates & Beyond to have limited access to the Platform, restricted to such functions as are made available to them based on their role and designation, shall be referred to as an "Staff User".
2.3. The Authorized User understands and acknowledges that the Users are governed by Terms and Conditions for the User(s) available at https://pilatesandbeyond.in/terms-conditions/. The Authorized User agree to read, understand and accept the Terms and Conditions for User(s) before providing any services to such User(s) over the Platform.
2.4. The Authorized User agrees that his / her implicit consent shall be deemed to be given under the applicable laws for (a) storing, feeding, transmitting, modifying or sharing any information/data on the Platform, by themselves or by another Authorized User of the Studios; and/or (b) sharing, transmitting, creating or modifying any information of the User(s) through the Platform.
2.5. Where an Authorized User collects, shares, stores, transmits or otherwise deals with a User's personal information, including sensitive personal data, they must do so in accordance with applicable law and Pilates & Beyond's Privacy Policy, and only to the extent necessary for their role.
2.6. It is hereby clarified that Pilates & Beyond does not verify, modify or monitor any information uploaded, from time to time, by any Authorized User through or on its Platform.
3. ELIGIBILITY
The Authorized User shall be persons who are "competent to contract" within the meaning of the Indian Contract Act, 1872 or the relevant laws in your jurisdiction. If the Authorized User is not a person competent to contract under the Indian Contract Act, 1872 or any other applicable law, the Company shall have a right to restrict such Authorized User from accessing the Platform.
4. AUTHORIZED USER ACCOUNT
4.1. For the purposes of availing Services under these Terms an Admin User is required to complete registration in accordance with the procedure determined by Pilates & Beyond ("Admin Account"). As part of this process, Pilates & Beyond may collect information including (a) name; (b) valid email address; (c) phone number; (d) designation; (e) studio/branch assignment; and (f) such other information as may be required for the purposes of granting access to the Platform.
4.2. To avail Services, a Staff User must complete registration in accordance with the procedure determined by Pilates & Beyond (“Staff Account”). As a part of the registration process, Pilates & Beyond may collect certain information from the Staff User including but not limited to (a) Name, (b) valid email address; (c) phone number; (d) designation; (e) date of joining; (f) studio/branch assignment; and (g) such personal, employment, bank and statutory details (including PAN, Aadhaar, UAN and ESI details) as may be required for onboarding and payroll purposes.
For the purposes of these Terms, the “Admin Account” and the “Staff Account” shall be collectively referred to as “Authorized User Account(s)”.
4.3. The creation of an Authorized User Account shall be at the sole discretion of Pilates & Beyond. An Authorized User Account can only be utilized by the person whose details have been provided and Pilates & Beyond does not permit multiple users to share a single Authorized User Account, unless duly notified and approved by Pilates & Beyond.
4.4. The Authorized User shall be responsible for any access of the Platform through the respective Authorized User Account, whether such access is directly by the Authorized User or through any third party. The Authorized User Account will also be responsible and liable to us for all activities that take place or occur in the Authorized User Account. The Authorized User agrees that its ability to log into the Authorized User Account is dependent upon external factors such as internet service providers and internet network availability, and we will not be liable to any Authorized User or the User for any damage or consequences arising from such Authorized User’s inability to log into the Authorized User Account.
4.5. The Authorized User shall ensure that all the information provided to Pilates & Beyond for the purposes of registration or otherwise are accurate and correct at all the times. Further, the Authorized Users shall make best efforts to correct/update any information which in its knowledge is inaccurate or has changed. If Pilates & Beyond has a reasonable ground to suspect that the information provided by an Authorized User is inaccurate or misleading, Pilates & Beyond reserves the right to discontinue the registration of such Authorized User.
5. REPRESENTATION AND WARRANTIES
5.1. When you use our Platform, you are representing to us that:
(a) Your use of the Platform shall not violate any applicable law, and that you fulfil the eligibility criteria set forth under Clause 3 of these Terms;
(b) All registration information you submit is truthful, complete and accurate and you will maintain the accuracy of such information;
(c) Your use of the Platform, or its content is only for performing your role as an Authorized User and non-commercial use. You shall not decompile, reverse engineer, or disassemble the content, removing any intellectual property right associated with our Platform, including copyright, trademarks, trade secrets, designs, and patents, or other proprietary notices;
(d) You shall not access or use the Platform in any manner that may be harmful to the operation of the Platform or its content;
(e) You shall not use the Services in any way that is unlawful, or harms Pilates & Beyond or any other person or entity;
(f) You will not post, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Platform or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the Platform;
(g) You will not delete or modify any content of the Platform, such as legal notices, disclaimers or proprietary notices, copyright or trademark symbols and logos;
(h) Your use of the Platform shall indicate that you have provided consent to automatically receive updates or downgrades, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, ‘Updates’), for the purpose of effective delivery of the Services. Please note that your continued use of the Platform following such Updates would mean deemed acceptance by you of the same.
5.2. The Services, including all content, software, functions, material, and information made available or accessible through it are provided on an “as is” basis. Pilates & Beyond and its affiliates, directors, employees, agents, co-branders or partners, make no representation and warranty of any kind, express or implied, for the content, software, functions, material, and information available/accessible through the Services.
5.3. Pilates & Beyond does not warrant that the functions contained in content, information and materials on the Platform, including, without limitation any third-party sites or services linked to the Platform will be uninterrupted, timely or error-free, that the defects will be rectified, or that the Platform or the servers that make such content, information, and materials available are free of virus or other harmful components.
6. SCOPE OF SERVICES
An Authorized User having an account on the Platform may avail the following services on the Platform (“Services”):
6.1. Profile and Account
(a) The Authorized User may view and update their profile details, including name, email address, designation, date of joining, phone number, and other notes, and may update their password.
(b) The Platform generates a QR code containing the Authorized User's name, staff ID, and designation, which may be downloaded and which, upon scanning, displays the Authorized User's details.
6.2. Attendance and Location Access
(a) The Authorized User must mark attendance by clocking in upon arrival at their assigned Studio. To clock in, the Authorized User must grant the Platform access to their device's location, which the Platform uses to verify that the Authorized User is within the permitted radius of the Studio before recording their clock-in and clock-out timings.
(b) If Authorized User clocks in after the permitted grace period, the day may automatically be marked as a half-day, in accordance with Pilates & Beyond's attendance policy.
(c) The Platform maintains an attendance calendar showing days present, absent, half-days taken, annual leave assigned, and leave balance. An Authrozied User may apply for leave, including half-day leave, by providing the relevant dates and reason, which is reflected on the Platform once approved.
(d) Attendance for a given period is recorded with the date, status, clock-in and clock-out time, and total duration.
6.3. Checklist
(a) The Platform generates a daily checklist for a Staff User based on their Studio's schedule, which the Staff User may mark as complete.
(b) An Admin User may create, edit, and assign the checklist items applicable to a Studio, and may view the checklist completion status of Staff Users at that Studio.
6.4. Rewards
(a) The Platform tracks a Staff User's shift status and rewards earned for actions such as clocking in/out, completing SOPs, and attending sessions. Rewards may be redeemed through the rewards store once applicable milestones are met, subject to the terms of the rewards program as notified by Pilates & Beyond from time to time.
(b) An Admin User may configure the rewards program, including eligibility milestones and reward types, and may approve or reject redemption requests raised by Staff Users.
6.5. Booking Access
(a) An Authorized User may access the booking platform to manage the calendar and bookings, including viewing classes by day, week, or month, and tracking session status.
(b) An Authorized User may track session status, including sessions scheduled, attended, excused, and lapsed, and export calendar data.
(c) An Authorized User may manage client and membership records, including searching, adding and viewing client profiles and tracking plan type, sessions remaining, validity, and status.
(d) An Authorized User may track Studio-wide session usage and generate reports on attendance, cancellations, occupancy, and reschedules.
(e) An Admin User may manage user access to the booking platform, including viewing existing Users, adding new users or deactivating User access, where authorized.
6.6. Membership and Client Records
(a) An Admin User may record a client's name, contact details, and other information, including sensitive personal information, to raise an enquiry for services.
(b) An Admin User may view the complete personal information of clients along with their membership status.
(c) An Admin User may book a demo for a client based on an enquiry, recording the Studio, source, date and time, and staff details.
(d) An Admin User may create and manage membership plans, including plan details, status, pricing, and plan type.
6.7. Dashboard and Reporting
(a) A Staff User has access to a personal dashboard reflecting their own attendance, shift status, checklist completion, rewards earned and redeemed, and the status of sessions or classes assigned to them.
(b) An Admin User has access to a dashboard reflecting Studio occupancy and monthly targets for members and revenue.
(c) The dashboard displays details of paid members, expired members, due renewals, demo leads, daily collections, and profit and break-even targets.
(d) The dashboard reflects financial data, including amounts collected, amounts sold, and payment details, viewable daily, weekly, and monthly, outstanding client balances and incentives due to each employee.
(e) The dashboard reflects attendance of clients and employees, including check-in and check-out timestamps, and Studio occupancy through sessions booked and attended.
(f) An Admin User may access detailed Studio-level reports, including sales register, ledger, collections, demo, and membership-status reports, viewable branch-wise.
6.8. Invoicing and Payments
(a) A Staff User may view their payslip status and disbursement details, estimated net pay and deductions, and tier-wise incentive earnings on the Platform, and may submit a reimbursement request by selecting a category, entering the amount and expense date, and optionally attaching a receipt, for approval.
(b) An Admin User may create invoices for clients, capturing client details, invoice date, membership plan, amount sold, amount received, payment mode, and the staff involved in the sale.
(c) A payment link may be generated and sent to the client's registered contact details for completion of payment through a third-party payment gateway.
(d) An Admin User may record payments received from clients and expenses incurred by Pilates & Beyond, and may generate payment links, including for instalment or split payments.
(e) An Admin User may view the total invoices raised, amounts billed and paid, and filter clients by payment status.
(f) An Admin User may issue refunds or credit notes to a client, recording the reason and amount.
6.9. HR and Payroll Administration
(a) An Admin User may manage Staff User profiles, including onboarding, and granting or revoking access to the Platform.
(b) An Admin User may maintain a Staff User's personal, employment, shift, bank, and statutory details.
(c) An Admin User may view daily branch-wise attendance status and manage leave applications, approvals, and holidays.
(d) An Admin User may run monthly payroll and incentive cycles, define salary templates, and process Staff User reimbursements.
(e) An Admin User may review and process approval requests raised on the Platform, including onboarding, leave, and payroll or incentive approvals.
6.10. Operations and Support
(a) An Admin User may record point-of-sale product transactions, track inventory, and manage inter-branch stock transfers through the Platform.
(b) An Authorized User may raise and track internal operational issues or requests, and an Admin User may raise and track queries or requests submitted by Clients, through the Platform.
(c) An Admin User may assign, escalate, and authorize identity-link decisions for a Studio, and may view the status of such reviews.
6.11. General Services
(a) The Admin User shall have access to an activity log of actions taken by other Authorized Users, including the activity, the Admin User who performed it, and the date and time.
(b) The Authorized User may view, upload, modify and update a repository of employees associated with the concerned Studio. The Authorized User may upload and update information associated with the concerned employee including but not limited to the name of the employee, the contact details of the employee, the branch details where the employee reports, and the designation of the employee.
(c) The Admin User may view, upload, modify and update a repository of information related to the branches or places of operation of the concerned Studio. The Admin User may upload and update information associated concerned branch of the Studio including but not limited to the address, number of employees, occupancy and packages offered.
(d) The Authorized User may view, upload, modify and update the details associated with its profile, from time to time.
6.12. Excluded Services for Staff Users
Certain functionalities of the Platform may not be available to Staff Users, depending on their role and designation.
7. RELATIONSHIP
7.1. Nothing provided, uploaded or available on the Platform shall create a principal-agent relationship between the Authorized User and Pilates & Beyond.
7.2. Pilates & Beyond uses industry–level security and encryption to your Authorized User Account. However, Pilates & Beyond does not guarantee to prevent unauthorized access. In the event you are aware of any unauthorized use or access, you shall immediately inform Pilates & Beyond of such unauthorized use or access. Please safeguard your login credentials and report any actual or suspected breach of account to privacy@pilatesandbeyond.in.
7.3. In case you want to delete your Authorized User Account on the Platform, you can do so by contacting our service support team. However, only your Authorized User Account and your information recorded with Pilates & Beyond will be deleted, and your information, if any stored by any Studio or with the Admin Account may continue to be stored in their respective accounts. Please contact hr@pilatesandbeyond.in for deleting the same.
8. LINKS TO THIRD PARTIES
Our Platform may contain links to other websites owned by third parties (i.e. advertisers, other service providers, vendors, supplier or business partners). We are not responsible for examining or evaluating, and we do not warrant the products or offerings of, any of these businesses or individuals, or the accuracy of the content of their platforms. Pilates & Beyond does not assume any responsibility or liability for the actions, product, and content of any such third-party websites. Before you use any third-party websites, you should review the applicable terms of use and policies for such third-party websites. If you decide to access any such linked third party website, you do so at your own risk.
9. INFORMATION OWNERSHIP
9.1. Pilates & Beyond reserves the copyright and the right to sue any Authorized User for copying or using such information without obtaining licenses from Pilates & Beyond as per the applicable law.
9.2. We collect, hold, use and transfer your personal data (including User Records) in accordance with our Privacy Policy. By agreeing to these Terms, you hereby agree to abide by our Privacy Policy, which may be updated and/ or modified by us from time to time.
9.3. Any documentation of a Client's personal details, membership, enquiry, demo, or session information by the Authorized User, including any data, reports, or statements generated by the Authorized User in relation to a Client ("Client Records"), is provided on an as-is basis at the sole intent, risk and responsibility of the Authorized User, and Pilates & Beyond does not validate the said information and makes no representation in connection therewith.
9.4. The Client Records are provided on an as-is basis. While we strive to maintain the highest level of service availability, Pilates & Beyond is not liable for any interruption that may be caused to your access of the Services.
9.5. Pilates & Beyond shall not be liable if for any reason, Client Records or communications generated on the Platform (including invoices and payment links) are not delivered to the Client or are delivered late, despite its best efforts.
9.6. Pilates & Beyond shall not be responsible or liable for any content, fact, Client Record, or the language used in the Client Records whatsoever. You are solely responsible and liable for the Client Records and any information provided to us/Clients, including but not limited to the content in them.
9.7. Pilates & Beyond has the ability, in its sole discretion, to retract Client Records without any prior notice if they are found to be shared incorrectly or inadvertently.
9.8. Pilates & Beyond will follow the law of land in case of any constitutional court of jurisdiction mandates to share the Client and Authorized User Records for any reason.
9.9. You agree and acknowledge that Pilates & Beyond may need access to Client Records for such cases as any technical or operational issue of the User in access or ownership of the account or information on the Platform.
10. VIOLATION OF TERMS OF USE / SUSPICIOUS ACTIVITY
If we believe that you have violated any of the conditions as mentioned under these Terms or our Privacy Policy we reserve the right to suspend your access to the Platform and/ or delete your Authorized User Account. If we have reason to believe that there is suspicious or unusual activity being carried out through your Authorized User Account, we may temporarily or permanently suspend your access to the Services. You may reach out to the Pilates & Beyond’s support team at support@pilatesandbeyond.in to assist you with any query or question arising as a result of the afore-mentioned suspension/ deletion to resolve the same.
11. USE AND PROTECTION OF INTELLECTUAL PROPERTY RIGHTS
11.1. Pilates & Beyond, the Platform and the Services are protected by copyright, trademarks, patents, trade secret and/or other applicable laws. No information, content or material from the Platform may be copied, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any way without Pilates & Beyond’s express written permission. You are hereby given a limited licence to use the Services, subject to your agreement of these Terms.
11.2. When you upload, submit, store, send or receive content that may include your personal information to or through our Platform, you give Pilates & Beyond a worldwide, perpetual licence to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute such content. This licence shall not revert to you even if it is not used by Pilates & Beyond. The rights you grant in this licence are for the limited purpose of operating, promoting, and improving the Services, and to develop new ones. This licence continues even if you stop using the Services.
11.3. In addition, use of the Services for any purpose not expressly permitted by Pilates & Beyond in these Terms is prohibited and may invite legal action.
12. OBLIGATIONS AND RESTRICTIONS ON THE AUTHORIZED USER
12.1. The Authorized User shall be qualified in the area of expertise that they represent, or in respect of the role and function they carry out on the Platform, including as a certified Pilates instructor, front-desk or Studio staff, or Admin User, as applicable to their designation.
12.2. The Authorized User shall not create or maintain more than one Authorized User Account, and shall not sell, trade, share, or otherwise transfer their Account or login credentials to any third party except as permitted by Pilates & Beyond.
12.3. The Authorized User shall not use the clock-in feature, checklist, booking module, or any other feature of the Platform to mark attendance, complete tasks, or record bookings or sessions on behalf of any other Authorized User, or to falsify, manipulate, or misrepresent any attendance, checklist, booking, or session record on the Platform.
12.4. The Authorized User shall neither share their personal, religious and/or moral views in the Client Records or otherwise, on the Platform nor shall post any response which comprises any derogatory language, objectionable, pornographic and/or offensive content or promote any other content or activities which are illegal in nature on the Platform.
12.5. The Authorized User shall not advertise or promote any third-party brand, product, or service including supplements, nutritional products, or unaffiliated fitness programs through the Platform, other than as authorized by Pilates & Beyond.
12.6. The Authorized User shall not provide any medical diagnosis, advice, or prescribe any treatment, medication, or clinical protocol to a Client, or make any representation regarding health or medical outcomes, in any manner whatsoever, on the Platform.
12.7. The Authorized User shall keep strictly confidential all Client Records and personal information of Clients and other Authorized Users accessed, generated, or stored through the Platform, shall use such information solely for the legitimate performance of their role at the Studio, and shall not disclose, share, copy, or retain any such information outside the Platform, save as required in the ordinary course of their duties or as mandated by law.
12.8. The Authorized User shall treat all financial and payment information of Clients accessed via the Platform, including amounts billed, amounts received, and payment mode, as strictly confidential, and shall not use or disclose such information for any purpose other than the performance of their role.
12.9. The Authorized User expressly consents to the Platform accessing their device's location for the limited purpose of verifying attendance at clock-in and clock-out, and acknowledges that withholding or revoking such consent may result in the Authorized User being unable to mark attendance through the Platform.
12.10. The Authorized User acknowledges and consents that actions performed by them on the Platform, including those reflected in the activity log, are recorded and may be reviewed and audited by Pilates & Beyond and/or its affiliates for compliance and operational purposes, and it is clarified that such audit is not conducted for the purpose of quality check or validation of Client Records.
12.11. The Authorized User shall not attempt to access, view, or modify any data, functionality, or module of the Platform beyond what is assigned to their designated role, and shall promptly report to Pilates & Beyond any unauthorized access they become aware of.
12.12. The Authorized User shall not manipulate, falsify, or otherwise act in bad faith to earn or redeem rewards and Pilates & Beyond reserves the right to revoke any rewards or milestones obtained through such misuse.
12.13. The Authorized User shall not attempt to gain unauthorized access to the Platform, any other Authorized User's Account, or any systems or networks connected to the Platform, whether by hacking, password mining, or any other illegitimate means, shall not upload or transmit any virus, malware, or other harmful code to the Platform, and shall not reverse engineer, decompile, disassemble, or copy the Platform.
12.14. Any liability arising out of the Client Records or the Services provided or documented by the Authorized User shall be borne solely by such Authorized User or the associated Studio, and Pilates & Beyond shall not bear any liability towards any third party, including Clients, in this regard.
12.15. Any breach of this Clause 12 shall entitle Pilates & Beyond to take appropriate action against the Authorized User, including suspension or termination of the Authorized User's Account or removal from the Platform, at its sole and absolute discretion, on a case-to-case basis.
13. USAGE IN PROMOTIONAL AND MARKETING MATERIAL
13.1. In recognition of the various offerings and Services provided by Pilates & Beyond to the Authorized User and the Studio, the Authorized User shall (subject to the reasonable right to review and approve): (a) allow Pilates & Beyond to include a brief description of the Services provided to the Authorized User in Pilates & Beyond's marketing, promotional and advertising materials; (b) allow Pilates & Beyond and/or its affiliates to make reference to the Studio in case studies, and related marketing materials; (c) serve as a reference to Pilates & Beyond's existing and potential clients; (d) provide video logs, testimonials, emailers, banners, interviews to the news media and provide quotes for press release; (e) make presentation at conferences; and/or (f) use the Studio's name and/or logo, brand, image, tag line etc., within the product literature, emailers, press releases, social media and other advertising, marketing and promotional materials.
14. INDEMNIFICATION
14.1. You agree to defend, indemnify and hold harmless Pilates & Beyond, its affiliates, officers, directors, employees, agents, partners, co-branders, licensors, licensees, consultants, contractors and other applicable third parties (collectively ‘Indemnified Parties’) from and against any and all claims, demands, damages, obligations, losses, liabilities, cause of action, costs and expenses (including any legal fees) arising from:
(a) your use of and access to the Platform and Services;
(b) your violation of any of these Terms;
(c) your violation of any third party right, including any intellectual property right or privacy right;
(d) the committing of any of the prohibited activities as stated here;
(e) your failure to comply with applicable law, including tax regulations; or
(f) any claim that your use of the Platform caused damage to a third party.
15. LIMITATION OF LIABILITY
15.1. In no event shall Pilates & Beyond, its officers, directors, employees, agents, partners, co-branders, licensors, licensees, consultants, or contractors be liable to you or any third party for any special, incidental, indirect, consequential or punitive damages or losses whatsoever, or damages (“Claim”) for loss of data or profits, goodwill, and/ or other intangible loss, whether or not foreseeable and regardless of whether Pilates & Beyond has been advised of the possibility of such damages, or based on any theory of liability, including (a) breach of contract or warranty, negligence or other tortious action; (b) for any bugs, viruses, trojan horses, or the like (regardless of the source); (c) any other claim arising out of or in connection with your use of, or access to, the Platform or the Services; or (d) for any direct damages for an amount exceeding the consideration received by You as part of your engagement with Pilates & Beyond during the past 12 (twelve) months period immediately preceding the date of the Claim.
16. TERMINATION
16.1. Pilates & Beyond reserves its right to terminate/block the Authorized User Account on the grounds including:
(a) if Authorized User(s) furnishes false information,
(b) for carrying on any prohibited activity under the applicable laws,
(c) if the Authorized User breaches any material obligation under these Terms or any other policies as may be laid by Pilates & Beyond from time to time;
(d) if the Authorized User(s) is engaged in any fraudulent transactions/activities,
(e) If the Studio Ceases to be operational for any reason whatsoever; or
(f) if the Authorized User(s) misuses, abuses, indulges in activities causing service disruptions.
Pilates & Beyond also reserves its right to restrict the access of the Authorized User to its Authorized User Account upon such conditions it deems fit.
17. FORCE MAJEURE
Pilates & Beyond and its officers, directors, employees, agents, partners, co-branders, licensors, licensees, consultants, or contractors, distributors and service providers shall be relieved of all responsibilities, if any, in the event of failure of performance resulting directly or indirectly from an act of force majeure or causes beyond our reasonable control including, without limitation, acts of god, war, equipment and technical failures, electrical power failures, or fluctuations, computer virus attacks, strikes, labour disputes, riots, civil disturbances, shortages of labour or materials, natural disasters, orders of domestic or foreign courts or tribunals, non-performance of third parties, or any reasons beyond our reasonable control. You further acknowledge and agree that neither we, nor any of the foregoing entities are responsible or liable for (a) any incompatibility between the Platform and any other website, service, software or hardware or (b) any delays or failures you may experience with any transmissions or transactions relating to the Platform.
18. GOVERNING LAW AND JURISDICTION
The Platform, the Services, all your transactions on the Platform, and our relationship shall be governed by the laws of India, without regard to conflict of law principles. You agree that all claims, differences and disputes which we may have shall be subject to the exclusive jurisdiction of the competent courts located in Hyderabad, India.
19. ASSIGNMENT
The licence granted hereunder may not be transferred or assigned by you. We may assign, in whole or in part, the benefits or obligations of these Terms. We will provide an intimation of such assignment to you, which will be binding on you.
20. WAIVER
Unless otherwise expressly stated in this Agreement, the failure to exercise or delay in exercising a right or remedy under these Terms will not constitute a waiver of the right or remedy, and no single or partial exercise of any right or remedy under these Terms will prevent further exercise of the right or remedy.
21. SEVERABILITY
If any provision of these Terms is or becomes, in whole or in part, invalid or unenforceable but would be valid or enforceable if some part of that provision was deleted, that provision will apply with such deletions as may be necessary to make it valid.
22. GRIEVANCE OFFICER
If you have any questions, concerns, requests or complaints in relation to this Policy or the use of the Platform, you may contact the Company, with a brief description of your request or concern at the details set out below:
Company Name: PICO Enterprises Private Limited
Grievance Officer: Ms. Zahra Rajkotwala
Grievance E-mail: support@pilatesandbeyond.in
Registered Office: Plot No. 12, Flat No. 201, Yusufi Manzil, Durga Vihar Colony, Trimulgherry, Hyderabad, Secunderabad, Telangana – 500015
Working Hours: Monday to Saturday, 10:00 AM to 6:00 PM IST (excluding public holidays)