Terms of Use

Legal Agreement

This user agreement (“Agreement”) is an agreement between you and Service Provider (“HeartQuake”, “Provider”, “we”, “us” or “our”) governing your use of HeartQuake’s products, applications, software and/or services available through www.heartquake.in.

By accessing the Website or using the Services as a User or Client, you agree to be bound by this Agreement and the terms contained in it.

This Agreement applies to all Clients and others who have access to the Services. If you do not agree with these terms, you are not permitted to use the Website or Services.

HeartQuake may revise these Terms from time to time. Revised terms will be posted on the Website and become effective when posted.

Website Usage

1.1 General Information

The content provided on this website is for general information and educational purposes only and should not be mistaken as an advertisement. It is subject to change without notice.

1.2 Use at Your Own Risk

Your use of any information or materials on this website is entirely at your own risk. You are responsible for ensuring that any products, services or information available through the Website meet your specific requirements.

1.3 Intellectual Property

This website contains material owned by or licensed to HeartQuake. This includes informative material, content, design, layout, appearance and graphics. Reproduction is prohibited except where expressly permitted.

1.4 Unauthorized Use

Unauthorized use of this website may give rise to a claim for damages or may constitute an offence.

1.5 External Links

The Website may contain links to other websites. These links are provided for convenience and do not signify endorsement by HeartQuake. HeartQuake has no responsibility for the content of linked websites.

1.6 Governing Law

Your use of the Website and any dispute arising from such use is subject to the laws of the state of Uttarakhand, India.

Privacy Policy

Your use of the Website is also governed by our Privacy Policy. The Privacy Policy details how we collect, store and use your personal information.

Content Accuracy

Neither we nor third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of information and materials found or offered on this website for any particular purpose.

You acknowledge that information and materials may contain inaccuracies or errors, and liability for such inaccuracies or errors is excluded to the fullest extent permitted by law.

Intellectual Property & Restrictions

All intellectual property, including copyrights, patents, trademarks and trade secrets associated with the Services and materials provided by HeartQuake and its affiliates remain their property.

You shall not reproduce, distribute or otherwise use Provider's intellectual property except as expressly permitted under a written agreement.

Limitation of Liability

HeartQuake disclaims responsibility for mishaps, including medically, physically, emotionally or mentally related consequences that may befall a Client.

HeartQuake aims to enhance a client's current condition through assessment and education but does not guarantee specific outcomes.

The Provider does not promise medical treatment but provides education, awareness and assistance intended to enhance the client's current condition.

External Factors

The Provider shall not be held responsible for loss or interruption of Services resulting from external factors, including interruptions arising from media providers, servers, hosting services or events classified as force majeure.

Support

Alternative Accountability Support via WhatsApp

The Provider may provide secondary support through WhatsApp for inquiries, concerns or requests. The Provider will make reasonable efforts to respond to concerns and provide additional accountability and communication support.

Written communication via email or WhatsApp may supplement accountability efforts. Communication will be considered completed when the Provider acknowledges and responds through its official channel.

The Provider will not provide support for deliverables after the expiry of agreed sessions or the Agreement unless otherwise agreed in writing or through renewal.

Response Time

Any party obligated to provide a response, notice or communication shall ensure that such response is delivered within a period not exceeding 72 hours from receipt.

Non-Disclosure & Confidentiality

Content, data and images provided by HeartQuake or accessed by Clients, including materials from online meetings, webinars, seminars, email, WhatsApp, courses, documents, photos, videos, charts, graphs and digital documents, are subject to confidentiality and intellectual-property restrictions.

Provider materials may not be used on personal pages, social channels, promotional materials or third-party platforms without prior written permission.

Clients agree to hold HeartQuake Confidential Information in confidence and not use, commercialize or disclose such information except as permitted under the Agreement.

Breach or disclosure of confidential information may result in legal action, including injunctive relief, damages or other available remedies.

Non-Compete Agreement

During and for a period of two years after termination of the Agreement with HeartQuake, the Client agrees not to engage in business or activities that directly compete with HeartQuake, its services or programs.

Separate Agreement & Client Conduct

If you have entered into a separate Agreement with HeartQuake, its terms take precedence over provisions in these Terms and Conditions.

Clients agree not to engage in conduct that may be offensive, inappropriate or disruptive to HeartQuake or its representatives.

Payments

Payments can be made using various bank transfer methods, including NEFT, Stripe, UPI, Google Pay or RazorPay.

Official Correspondence

Official correspondence related to Services may be conducted through the Provider's App, official email addresses, Telegram, WhatsApp or another communication method agreed by the parties.

Substantial inquiries should be communicated through email or WhatsApp unless alternative communication methods have been agreed in advance.

Software Costs

HeartQuake bears the cost of essential software. Clients agree to pay for additional software and services used beyond the Provider's offerings where applicable.

Portfolio & Client Assets

As part of these Terms, the Client gives permission to the Provider to use client assets for non-commercial purposes such as portfolio examples, case studies, client lists and work experience.

HeartQuake may use client case studies or testimonials for reference or educational purposes, including on its Website and marketing materials. First name, last initial and location may be used unless otherwise specified in writing.

Implied Consent

Considering the availability of these Terms through the Website and other communication methods, continuing with the Services after seven days of using them constitutes acknowledgment that the Client has had an opportunity to review and understand these Terms.

Participation in the Services signifies understanding and acceptance of the Terms contained herein.

Breach of Terms

Where HeartQuake considers that a breach has occurred, it may take appropriate action, including:

Disclaimer & Medical Considerations

If you have not been physically active for more than one year, or have a medical history that may put you at risk, you are required to seek approval from a qualified medical practitioner before using the Services.

This includes, among other conditions:

Clients should discontinue exercises or recommendations if they cause pain or severe discomfort and should consult a medical expert before returning to exercise or recommendations.

Indemnity

You agree to defend, indemnify and hold harmless HeartQuake, its officers, medical practitioners, educators, assistants, directors, employees and agents from claims, damages, obligations, losses, liabilities, costs, debts and expenses arising from:

Website Security & Offences

You must not knowingly introduce viruses, Trojans, worms, logic bombs, spyware or other malicious or technologically harmful material to the Website.

You must not attempt unauthorized access to the Website, servers, computers or databases connected to the Website.

You must not attack the Website through denial-of-service or distributed denial-of-service attacks.

HeartQuake states that breaches may constitute criminal offences under the Information Technology Act, 2000 and amendments.

Security

HeartQuake has implemented commercially reasonable technical and organizational measures designed to secure personal information and User Content from accidental loss and unauthorized access, use, alteration or disclosure.

However, HeartQuake cannot guarantee that unauthorized third parties will never defeat such measures or use personal information and User Content improperly.

Refund Policy

At HeartQuake, the refund shall be permissible solely where the Client decides to terminate the Services within 2 days of enrolment/onboarding.

Where the refund criteria are fulfilled, fees paid will be refunded in full except for applicable processing or convenience fees.

Fees for work already completed or third-party expenses incurred on behalf of the Client, including medication expenses and lab-test expenses, are not refundable.

Once approved, refund requests are intended to be processed within 7 business days.

Ownership of Materials

Materials or content created during the coaching relationship, including customized plans or documents, are owned by the Provider. The Client/User receives access to these materials.

Dispute Resolution & Arbitration

In the absence of agreed mediation, disputes arising under this Agreement shall be submitted to final and binding arbitration under the Arbitration & Conciliation Act, 1996.

The arbitration is stated to be governed under the laws of Uttarakhand, India and held in Nainital, Uttarakhand, or as otherwise determined under the applicable rules.

The parties agree to abide by applicable mediation or arbitration decisions and acknowledge the jurisdiction of the courts in Nainital, Uttarakhand for the matters specified in the Agreement.

Arbitration proceedings and related information are to be kept confidential except where disclosure is required by law.

Guarantee Conditions

The guarantee of promised Services is subject to circumstances that may interfere with the Provider's ability to fulfill its obligations.

Where a guarantee is voided because of these circumstances, HeartQuake states that it will make reasonable efforts to notify the Client and encourages good-faith communication and cooperation.

Force Majeure

If either party is unable to perform obligations because of events beyond its control, including fire, casualties, strikes, acts or orders of public authority, acts of God or other causes beyond the party's control, performance may be excused during the continuation of that cause.

Prohibited Activities

Unethical Practices

The parties agree not to engage in unethical practices, including false or deceptive tactics or activities that could damage either party's reputation.

Unauthorized Access

Neither party shall attempt unauthorized access to the other's digital assets, systems or accounts, including hacking or password cracking.

Non-Discrimination

Both parties agree not to discriminate on the basis of race, ethnicity, gender, religion, sexual orientation, age, disability or another unlawful basis under applicable laws.

User Conduct

Clients agree to maintain appropriate and professional conduct throughout the course period and refrain from unlawful, inappropriate, disruptive or harmful conduct.

HeartQuake reserves the right to take appropriate action, including termination of the Agreement, in the event of violations.

Severability

If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision shall remain enforceable to the fullest extent permitted by law, and the unenforceable portion shall be severed without affecting the validity or enforceability of the remaining provisions.