WEBSITE TERMS OF USE

These terms of use set out important information regarding your rights, obligations and the restrictions that apply when you use our websites https://powerplate.in / https://powerplate.in (the “Websites”). We recommend that you read these terms of use carefully before using the websites.

Any reference to “you” or “your”, means you as a customer of our goods and/or as a user of our websites. Any reference to “we”, “us”, “our” or “Power Plate” is to Power Plate Gulf LLC FZ and Power Plate India PVT. LTD. (“PPG” / “PPI”)

These terms of use govern the relationship between you and us when you access and use our websites. By accessing and continuing to use the websites, you agree to be legally bound by these terms of use. Please note that we may update and amend these terms of use from time to time and any changes will be posted on the websites. However, it is your responsibility to ensure you review these terms of use regularly to familiarize yourself with any changes.

If you do not agree with any of our terms of use then you should not use our websites. You may be asked to agree to further terms and conditions when using specific parts of our websites, for example purchasing goods via the websites. If there is any inconsistency between these terms of use and any such terms and conditions, the latter terms and conditions shall prevail.

INFORMATION ABOUT US

We operate the websites, https://powerplate.in and https://powerplate.in. We are Power Plate Gulf LLC FZ, a company registered in Meydan Free Zone Dubai, United Arab Emirates under company number 2313351, VAT nr. (TIN 103000805346) with our registered office at Emirates Towers, Sheikh Zayed Road, PO Box 31303, Dubai, U.A.E. and Power Plate India PVT. LTD., a company registered in India, under company nr. U36999MH2021PTC355202, TAN nr. MUMP44160E and PAN nr. AALCP8028M, with our registered office at Bandra Kurla Complex, Vibgyor Towers, G Block, Level 8, C62, Bandra East, Mumbai 400098, India.

ACCESSING OUR WEBSITES AND AVAILABILITY

Access to our websites is permitted on a temporary basis, and we reserve the right to withdraw or amend the services we provide on our websites without notice (see below). We will not be liable if for any reason our websites is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our websites, or our entire websites, to users who have registered with us.

While we endeavour to ensure that the websites are normally available 24 hours a day, we cannot promise that our websites will be free from errors or omissions or that it will be available uninterrupted and in a fully operating condition. The websites may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond our control. We will not be liable to you or to any other person in the event that all or any part of the websites is discontinued, modified or changed in any way.

We shall not be liable for any failure, any suspension or any termination of access to the websites in connection with or arising out of events outside our control. In these terms of use, an “event outside our control” shall include, without limitation, strikes, lock-outs or other industrial disputes, nuclear accident or acts of God, war or terrorist activity, riot, civil commotion, malicious damage, compliance with any law or government order, rule regulation or direction, accident or breakdown of plant or machinery, interruption or failure in communications networks and facilities (including the internet), fire, flood, storm or default of suppliers, and where they are beyond our reasonable control, any other acts, events, omissions or accidents.

You are responsible for making all arrangements necessary for you to have access to our websites. You are also responsible for ensuring that all persons who access our websites through your internet connection are aware of these terms, and that they comply with them.

SUBSCRIBING / REGISTERING WITH US

You may be required to register your details and/or open an account to access some areas of the websites, including subscribing to our mailing list, or to order any goods. You undertake to complete the registration form(s) fully, and that all information provided is up-to-date, true, accurate and complete.

Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

YOUR USE OF THE WEBSITE

You agree that you will not use the websites in any way that may lead to the encouragement, procurement or carrying out of any criminal or unlawful activity or that is fraudulent, or has any unlawful or fraudulent purpose or effect. Furthermore, you agree not to do anything that may cause damage to the websites or our servers, systems or equipment or those of third parties, nor access any users’ data or penetrate or circumvent any websites security measures or attempt to do any such acts.

You agree not to give any indication that you have any commercial relationship with us, or that you are our agent or that we have endorsed any of your activities.

You accept that you are able to stop using the websites at any time and at your sole discretion. We reserve the right to suspend, restrict or terminate your access to the Websites or any part of it at any time at our sole discretion.

We may also ban or suspend you as a user of the websites if you do not comply with these terms of use and, in such an event, your permission to use these websites shall terminate and you must immediately destroy any downloaded or printed extracts from the websites.

LICENCE

You grant to us a worldwide, royalty-free, irrevocable, non-exclusive licence (including the right to sub-license) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform or display any content (in whole or part) you upload, post or email and/or to incorporate such content in other works in any form, media or technology now known or developed.

COMPENSATION

You agree to compensate us (including our affiliates, employees, officers, agents or partners) and hold us harmless from and against any direct or indirect loss or damage we suffer arising from any third party claim in relation to any content you upload, post or email on or through our websites, your use of our websites, or your breach of the provisions of these terms of use.

SANCTIONS

As soon as we are made aware of activities that breach our terms of use or our privacy policy prompt action will be taken. If you witness such breaches anywhere on our websites, please get in touch with us by email at hello@powerplate.in or hello@powerplate.in as soon as you can.

On being made aware of any such breaches, we may ban, delete or prohibit any content that relates to those breaches or that we judge harmful to individuals or the rights of Power Plate Gulf and/or Power Plate India or any of our affiliates, licensors or partners. We reserve the right to take whatever action we deem necessary to prevent such breaches including issuing warnings or banning you from our websites generally.

In addition, we may at any time move, modify or remove any content or take further legal action as a result of breaches or suspected breaches of our terms of use, any applicable laws or regulations, or where our rights or third party rights are threatened or infringed.

INTELLECTUAL PROPERTY RIGHTS

Performance Health Systems (PHS) is the owner of all copyrights and other intellectual property rights in our websites and in the material published on it. Those works are protected by intellectual property laws and treaties around the world. All such rights are reserved.

The names, images and logos identifying us, companies in our group, our partners or third parties and our/their products and services are proprietary marks and may not be reproduced or otherwise used without express permission.

The contents of the websites including (without limitation) web pages, computer codes of elements comprising the websites, and any software provided to you by us may not be copied, reproduced, communicated and/or made available to the public, republished, downloaded, posted, recorded, broadcast or transmitted or used in any other way except for your own personal, private and non-commercial use, unless otherwise expressly permitted by us.

You may print off one copy, and may download extracts, of any page(s) from our websites for your personal reference, and you may draw the attention of others within your organisation to material posted on our websites.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of material on our websites must always be acknowledged.

You must not use any part of the materials on our websites for commercial purposes without obtaining a licence to do so from us.

If you print off, copy or download any part of our websites in breach of these terms of use, your right to use our websites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

This restriction does not include your ability to use any of our “sharing” functions (for example, liking and sharing our websites on Facebook, Instagram and other social channels) in accordance with that third party’s own terms and conditions.

OUR WEBSITES CHANGE REGULARLY

We aim to update our websites regularly, and may change the content at any time. If the need arises, we may suspend access to our websites, or close it indefinitely. Any of the material on our websites may be out of date at any given time, and we are under no obligation to update such material.

RELIANCE ON INFORMATION POSTED AND DISCLAIMER

While we endeavour to ensure that the information on the websites is correct, we make no promise or guarantee regarding the accuracy and completeness of the material on our websites. Commentary and other materials posted on our websites are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such information, commentary and materials by any visitor to our websites, or by anyone who may be informed of any of its contents.

OUR LIABILITY

Nothing in these terms of use shall restrict your statutory rights nor shall anything in these terms of use exclude or limit our liability for death or personal injury resulting from our negligence or from any fraud or fraudulent misrepresentation nor any other liability which cannot be excluded or limited under applicable law.

If we breach these terms of use, we shall only be liable to you for any losses that you suffer as a result of our breach which are a reasonably foreseeable consequence of such failure. We will not be liable for losses that result from our failure to comply with these terms of use that fall into the following categories: loss of income or revenue (whether direct or indirect); loss of business (whether direct or indirect); loss of profits (whether direct or indirect); loss of anticipated savings (whether direct or indirect); loss of data (whether direct or indirect); or waste of management or office time (whether direct or indirect). However, this will not prevent claims for loss of or damage to your tangible property that are foreseeable or any other claims for direct loss that are not excluded in the former categories.

The material displayed on our websites is provided “as is” without any guarantees, conditions or promises as to its accuracy.

INFORMATION ABOUT YOU AND YOUR VISITS TO OUR WEBSITES

We process information about you in accordance with our privacy policy. By using our websites, you consent to such processing and you promise that all data provided by you is accurate.

TRANSACTIONS CONCLUDED THROUGH OUR WEBSITES

Contracts for the supply of goods formed through our websites Power Plate Gulf and Power Plate India or as a result of visits made by you are governed by our terms and conditions for the sale of goods (see here: GGC Sales Terms and Conditions and India Sales Terms and Conditions.

VIRUSES, HACKING AND OTHER OFFENCES

You must not misuse our websites by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our websites, the server on which our websites is stored, or any server, computer or database connected to our websites. You must not attack our websites via a denial-of-service attack or a distributed denial-of-service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities, and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our websites will cease immediately.

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

LINKING TO OUR WEBSITES

You may link to our home page, 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.

Our websites must not be framed on any other websites, nor may you create a link to any part of our websites other than the home page. We reserve the right to withdraw linking permission without notice. The websites from which you are linking must comply in all respects with the content standards set out above.

If you wish to make any use of material on our websites other than that set out above, please contact us by email at hello@powerplate.in or hello@powerplate.in.

LINKS FROM OUR WEBSITES

Where our websites contain links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

SEVERANCE

If any provision of these terms of use shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these terms of use which shall remain in full force and effect.

LAW AND JURISDICTION

These terms are governed by UAE and Indian law and you can bring legal proceedings in respect of our websites or goods in the above courts. If you live in the GCC you can bring legal proceedings in the Dubai court. If you live in India you can bring legal proceedings in the Mumbai court.

VARIATIONS

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our websites.

YOUR CONCERNS

If you have any concerns about material which appears on our websites, please contact us by email at hello@powerplate.in or hello@powerplate.in.

The website terms of use have been updated and effective as of 3 December2023