FUNCTIONALITIES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, FUNCTIONALITIES AND
RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF
THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE.
FURTHER, SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE WEBSITE DURING
PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE
THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND 'S CONTROL. THE USER
UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. IS NOT RESPONSIBLE FOR ANY
TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. FITART ACCEPTS NO LIABILITY FOR ANY
ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON
BEHALF OF ITSELF OR THIRD PARTIES.
10.3 In the event You have purchased / downloaded the Website from any online application stores,
whether provided by Apple, Inc., Google, Inc. or Blackberry Limited (or their respective affiliates)
(collectively referred to as "Store Providers"), and there occurs any failure of the Website and / or
Services, You may follow the process recommended by the Store Provider under the terms of the
contract applicable between You and such Store Provider. The Store Providers shall not be liable for any
(i) warranty obligations of and related claims, losses, liabilities, damages, costs or expenses; (ii) product
liability / consumer protection claims, and claims related to the Website's non-conformity with any
applicable laws; and (iii) any third party claims of infringement of intellectual property rights by the
Website / Fitart.
11. INDEMNIFICATION AND LIMITATION OF LIABILITY
11.1 You agree to indemnify, defend and hold harmless Fitart, its subsidiaries, affiliates, vendors, agents
and their respective directors, officers, employees, contractors and agents (herein after individually and
collectively referred to as "indemnified parties") from and against any and all losses, liabilities, claims,
suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and
other statutory fees and disbursements in connection therewith and interest chargeable thereon)
asserted against or incurred by the indemnified parties that arise out of, result from, or in connection
with (i) Your breach of the Agreement(s); or (ii) any claims made by any third party due to, or arising out
of, or in connection with, Your use of the Website; or (iii) any claim that any Third Party Content /
content, information or materials provided by You caused damage to a third party; or (iv) Your violation
of any rights of another, including any intellectual property rights (a) any breach of any representation,
warranty, covenant or agreement to be performed by the User accordance to the T&C and Company
Policies; (b) the Fitness Service Providers provision of services to any third party, regardless of whether
or not they are user/members of the Company; or (c) any materials provided by the Users to the
Company/Electronic Media or other Users or and/or any content posted by the User on the Electronic
Media otherwise provided to other Users; (d) User's refusal to pay for services provided by any Member;
(e) User's use of the Service and Electronic Media.
11.2 Fitart may notify You of any claims which You shall be liable to indemnify against. You will then be
required to consult with regarding the course of action to be undertaken in defending such a claim.
Further, You shall not compromise or settle any claim or admit any liability or wrongdoing on the part of