Terms and Conditions

VECINO FITNESS PRIVATE LIMITED
CIN: U29220MH2020PTC342678

 

Terms of use – THE CUBE CLUB

(Last updated 14th October, 2020)

 (i) Introduction: Vecino Fitness Private Limited (the “Company“, “we“, “The Cube Club”, “us” or “our“) is a Company duly registered and incorporated under the Companies Act, 2013 whose registered office address is at B-1105, Floor-11, Plot 211, Dalamal Tower Free Press Journal Marg, Nariman Point Mumbai – 400021. “You/you” or “Your/your” or “Yourself/yourself” shall mean reference to the Prospect or Customer or his/her representative and any other user or any natural or legal person accessing the Platforms or obtaining the Products or the Services.

The website https://thecubeclub.com (“Website”) is owned and managed by the Company. The website https://thecubeclub.com is a market place for people to engage in renting/leasing/sale of fitness equipment along with subscribing to experience with respect to fitness equipment(s) or fitness advise in the form of coaching, fitness programs, fitness advice, music, either collectively as a package or individual items through our mobile app (“Mobile App”) and/or Website  (hereinafter referred to as “Services/Products”). The Mobile App and the Website shall be collectively be referred to as “Platforms”.

By using our Platforms, you are agreeing to comply with and be bound by the following Terms of Use. Please review the following Terms of Use carefully. If you do not agree to these terms, you should not use the Platforms or review information or subscribe to the Services or purchase our Products (“Transaction”) from Platforms.

(ii) General: You agree to the terms and conditions outlined in this Terms of Use (“Terms of Use”) with respect to Platforms. These Terms of Use constitute the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Platforms, or the Products/Services provided through the Platforms. This Terms of Use may be amended from time to time by us without specific notice to you. The latest Terms of Use will be posted on the Website, and you should review this Terms of Use prior to using the Website at each instance.

Your use of the Website and services are governed by the following Terms of Use as applicable to the Website including the applicable policies which are incorporated herein by way of reference. 

When you use the Platforms or send emails or other data, information or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.

The terms of Use stated herein shall only govern the Platforms of  The Cube Club shall be governed by a separate Terms of Use (if any).

(iii) Transaction/Services: Through this Website, any User can subscribe to any Service such as a pre-defined solutions package consisting of renting/purchase of gym equipment, fitness advisor offered in various range (“Experience”) by submitting the Subscription Programme Document and by signing up on the Platforms and placing such requestin the forma and manner provided by the Company for a chosen Experience by consenting to pay a monthly/quarterly/yearly subscription fee/rental (as the case may be). The Company may send a reminder to the User for the payment of monthly subscription fee/rental.. 

(v) Copyright: The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Website are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights.. You do not acquire ownership rights to any content, document or other materials viewed through the Website. The posting of information or materials on the Website does not constitute a waiver of any right in such information and materials.

You may view, copy, print and use content contained on this Website solely for your own personal use and provided that: 

(1) the content available from this Website is used for informational and non-commercial purposes only; 

(2) no text, graphics or other content available from this Website is modified in any way; 

(3) no graphics available from this Website are used, copied or distributed separate from accompanying text; 

(4) no content available from this Website may be used for any purpose which is offensive or which disparages, damages or otherwise negatively reflects upon Company, its products, its employees, consultants or its management. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or other grant of right to use any patent, copyright, trademark or other intellectual property of Company or any third party, except as expressly provided herein.

We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Website. Trademarks mentioned in the Website are either trademarks or registered trademarks of the Company.

We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information on email admin@thecubeclub.com:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the Website;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

(vi) Use of Website: You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve our right to bar any such activity.

You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.

You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the terms of  Platfomrs, or otherwise engage in any conduct or action that might blemish the image or reputation, of  The Cube Club or otherwise tarnish or dilute any  The Cube Club’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Website or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company.

(viii) Disclaimer and Limitations: Reasonable efforts are taken to ensure the accuracy and integrity of information and related materials provided by the Company on this Website, but the Company is not responsible for misprints, out-of-date information, technical or pricing inaccuracies, typographical or other errors appearing on this Website. Information and related materials are subject to change without notice. The information from or through the website is provided ”as is,” ”as available,” and all warranties, express or implied, are disclaimed (including, but not limited to, the disclaimer of any implied warranties of merchantability and fitness for a particular purpose). The information and services may contain bugs, errors, problems or other limitations. We and our affiliated parties have no liability whatsoever for your use of any information or service. In particular, but not as a limitation thereof, we and our affiliated parties are not liable for any direct or indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, litigation, or the like). The negation of damages set forth above is a fundamental element of the basis of the bargain between us and you. No advice or information, whether oral or written, obtained by you from us through the website shall create any warranty, representation or guarantee not expressly stated in this terms of use.

All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. we will not be liable to you for any direct or incidental, special or consequential damages of any kind that may result from use of or inability to use our website or in connection with these terms of use, even if user has been informed in advance of the possibility of such damages. Our maximum liability to you under all circumstances will be equal to the purchase price you pay for any products, services or information.

We view protection of your privacy as a very important principle. We understand clearly that you and your Personal Information is one of our most important assets. We store and process your information in accordance with Information Technology Act 2000 and Rules there under. Our current Privacy Policy is available at www.thecubeclub.com. If you object to your information being transferred or used in this way please do not use Website.

Reference to any product, process, publication, service, or offering of any third party by trade name, trademark, and manufacturer or otherwise does not necessarily constitute or imply the endorsement or recommendation of such by Company.

(ix) Product / Service Description: We do not warrant that Product / service description or other content of this Website is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.

The Cube Club does not make any representation or warranty as to specifics of the images displayed on the Website and the images have no bearing on the quality of the products displayed. The Users shall take no inference based on the images of the products offered. The price indications on the Website may vary due to some technical issue, typographical error or difference in product /services information and the Company shall not be responsible for the changed prices during the transaction. 

Should any user of this Website send any feedback or data, such as ideas, comments, suggestions or questions regarding any Company product or service or the content of this Website, such information shall be deemed to be non-confidential, and Company shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose and distribute the information to others without limitation. Further, Company shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such ideas, concepts, know-how or techniques We reserve the right, and you authorize us, to use and assign all information regarding Website uses by you and all information provided by you in any manner consistent with our Privacy Policy.

(x) Payments and Deposit: 

  1. You represent and warrant that if you are making any payments to us that: 

(a) any credit, debit, net banking, cheque or any other mode of transfer information supplied by you is true and complete;

(b) charges incurred by you will be honored by your credit card/debit card/banking company, and 

(c) you will pay the charges incurred by you at the posted prices, including any applicable taxes.

  1. All payments made against the purchases/services from  The Cube Club by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. We will not facilitate a payment with respect to any other form of currency. By making a payment, you have specifically authorized  The Cube Club and/or its service providers to collect, process, facilitate and remit payments. You understand, accept and agree that the payment facility provided by  The Cube Club is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash on Delivery, collection and remittance facility for the transactions on  Platforms using the existing authorized banking infrastructure and Credit Card payment gateway networks. 
  2. We may use third-party payment facilitators who shall facilitate the recurring payments from your end to Us. The terms and conditions applicable to such transactions shall be as specified on the website of the third-party facilitator.
  3. By Signing the NACH mandate form or other similar form of payment, the User;
  • Declares that the particulars provided in this mandate are correct and complete and hereby agrees to participate in the NACH/ECS/Direct Debit/Standing Instructions (SI) and make payments through the NACH platform according to the terms and conditions thereof.
  • Agrees and acknowledges that  The Cube Club will not be held responsible for any delay and/or failure in debiting customer’s bank account for reasons not attributable to the negligence and/or misconduct on the part of Vecino Fitness.
  • Agrees to register for ECS / NACH (Debit Clearing) / Direct Debit / SI facility and that the payment towards rental dues to  The Cube Club shall be made from bank account in the mandate form
  • Authorizes the representatives of  The Cube Club, agents of  The Cube Club carrying this mandate form to get it verified and executed.
  • Authorizes the Bank to debit the Customer’s bank account for any charges towards mandate verification, registration, transactions, returns, etc, as applicable for my/our participation in NACH/ECS/Direct Debit/SI.
  • Customers are required to ensure adequate funds in their bank account on the date of Auto Debit transaction.
  • The Cube Club will endeavour to debit the investor bank account on the relevant renewal date of the rental period of the User, however if there is any delay all such transactions are debited subsequently.
  • The Cube Club or its authorized banker or agent will initiate the Auto Debit form registrations/ debit transactions
  • The Cube Club / Sponsor Bank / NPCI are not liable for the bank charges, if any debited from investor’s bank account by the destination bank, on account of payment through NACH
  • All rights and remedies as applicable in case of dishonor of a cheque, are available to  The Cube Club against dishonour of electronic funds transfer instructions / NACH auto debit mandates under insufficiency of funds as are available under Section 138 of the Negotiable Instruments Act, 1881.
  1. Deposit – Vecino Fitness shall have the right to require you to provide a security deposit worth such amount equivalent to rental payments of the Initial subscription period for all the fitness equipment.

(xi) Refund/Return Policy: Following are our payment and refund terms:

  • Users may pace a return request within 7 days of the delivery of the equipment’s rented or purchased by the User. If no return request is received post 7 days of the delivery of any rented equipment then the User shall be locked in for a minimum rental period of 3 months.
  • All Refunds For electronics payments, refund shall be made through payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (“RBI“).

(xii) Documentation and Verification Policy: All prospective customers of  The Cube Club must comply with the documentation and verification policy. Customers may be required to upload some or all of the following documents during placing the order for their desired products.

(1) Customers renting for personal use for their rented / own residential accommodations:

  • Employed / Salaried Professionals
  • Copy of PAN Card issued by the Income Tax Department of India.
  • Permanent Address Proof (DL/UID/Passport/Voter Id)
  • Delivery Address Proof (HR Letter/ Rental Agreement/ Recent Utility Bill)
  • Company id
  • Self Employed Professionals
  • Copy of PAN Card issued by the Income Tax Department of India.
  • Permanent Address Proof (DL/UID/Passport/Voter Id)
  • Delivery Address Proof (HR Letter/ Rental Agreement/ Recent Utility Bill)
  • Reference of self-employment
  • Student/ Freelancer
  • Copy of PAN Card issued by the Income Tax Department of India.
  • Permanent Address Proof (DL/UID/Passport/Voter Id)
  • Delivery Address Proof (HR Letter/ Rental Agreement/ Recent Utility Bill)
  • Student ID / Reference for the related profession
  • Guardian’s Proofs (Point 1 & 2)
  • Contact number of guardian
  • Foreign Nationals (Except Freelancers/ Patients)
  • Copy of Visa
  • Copy of Passport
  • HR Letter/ Rental Agreement/ Recent Utility Bill (Delivery Address Proof)
  • Local Company / Business Reference.
  • NRI/POI
  • Visa / PIO Card
  • Passport
  • HR Letter/ Rental Agreement/ Recent Utility Bill (Delivery Address Proof)
  • Local Company/ Business Reference

(2) Customers renting for business use for their rented / own commercial establishments 

  • Sole Proprietor
  • PAN CARD of the business entity/ Sole proprietor issued by the Income Tax Department of India.
  • Address proof of the proprietor ( DL/ Aadhar/ Voter Id/ Passport)
  • GST certificate/ Sales and Income tax returns / Registration or licensing document issued by the Central Government or State Government Departments or municipal authorities / Certificate/registration document issued by the sales tax/professional tax authorities.
  • Delivery Address Proof
  • Partnership Firms
  • Copy of PAN CARD of the firm
  • Registered Partnership Deed
  • Power of Attorney granted to a partner of an employee of the firm to transact business on its behalf.
  • ID / address proof of the main partners and persons holding the Power of Attorney
  • Proof of Legal name
  • Delivery Address Proof
  • Limited Liability Partnership or LLP
  • Copy of PAN CARD of the LLP
  • Copy of the LLP agreement.
  • Copy of the Incorporation document and DPIN of the designated partners.
  • Copy of the certificate of Registration issued by the ROC concerned.
  • Copy of the Resolution to avail gym equipment on rent from M/s  The Cube Club & Power of Attorney, if granted, to its managers, officers or employees.
  • Government Issued Permanent address proof – DL/ UID/ Passport/ Voter Id (Permanent Address Proof) of the authorized person.
  • GST certificate / Registration or licensing document issued by the Central Government or State Government Departments or municipal authorities / Certificate/registration document issued by the sales tax/professional tax authorities
  • Current Address Proof – Rental Agreement/ Recent Utility Bill (Delivery Address Proof)
  • Companies / Pvt Ltd.
  • PAN CARD of the company
  • Certificate of incorporation / commencement of business and DIN
  • Memorandum & Articles of Association
  • Authorization letter for entering into contract to avail gym equipment on rent from M/s  The Cube Club & Power of Attorney, if granted, to its managers, officers or employees.
  • ID and address proof of the authorized signatories duly attested by the company.
  • List of directors with contact numbers
  • Delivery / mailing address proof of the company
  • Trust/ Club/ Associations
  • Certificate of Registration.
  • Power of Attorney granted to transact business on its behalf.
  • ID and address proof of the authorized signatories duly attested by the company.
  • Any document listing out the names and addresses of the trustees, beneficiaries, and those holding power of Attorney.
  • Resolution of the managing body of the foundation.
  • Declaration of Trust/Bye Law of society/Bye-law of Association/Bye-law of club.
  • Attach the name and address of the founder, Manager/director and the beneficiaries, telephone/fax number, Telephone bill, Utility bill apart from the above for delivery proof.
  • Failure to upload the documents will lead to auto rejection.  The Cube Club will not entertain orders from customers staying in PGs, Hostels and Hotels as the same is considered as a temporary requirement.
  • The Cube Club reserves the right to cancel any order as per internal policies subject to documentation / Field verification.
  • The Cube Club might request additional documents on a case to case basis. The same will be notified via email and SMS.

(xiii) Cancellation of Subscription: The subscription can be cancelled under the following circumstances: 

  • During Initial Subscription Period: The minimum tenure for  The Cube Club’s products vary is 3 months. This means that if you cancel your subscription anytime before that, you will be charged the full rent for the entire duration of the minimum tenure. This will be calculated basis when you return your products and the deposit paid by you will be adjusted accordingly.
  • After Initial Subscription Period: Post the Initial Subscription period, Customer can avail of all subscription benefits during this period. Customer can terminate subscription by placing at termination request before the next renewal date. Under any circumstances the subscription shall be deemed to be terminated on the end of the ongoing rental period, no pro rata refund shall be made for the remaining period of the ongoing subscription period…

(xiv) Refund Policies: Following are our refund policies:

  • Refund requests may only be placed after the Initial Subscription Period.
  • Refunds will be credited back to the account of customer through any of the Banking channels.
  • Refunds are issued under the following circumstances:
  • Customer or  The Cube Club terminating subscription after initial subscription period
  • Customer returning part of the package
  • Within 5-10 working days from the date of issue of Pick Up instructions, the Company shall pick up the relevant equipment and within 10 days of the actual pickup  The Cube Club shall process for refund of Security Deposit, subject to deduction of damages, unpaid monthly rentals and any other deductions as applicable. 

(xv) Delivery Policy: Following are our delivery policies:

  • Currently we deliver free of charge to any point within Mumbai,. However, delivery charges may be charged in certain cases at the discretion of Company.
  • Delivery of products would be done within 7 days of receipt of order.

(xvi) Other Websites’ Links: Our Website may contain links to other websites. We are not responsible for any content, accuracy or opinions express in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. 

Inclusion of any linked website on our Website does not imply approval or endorsement of the linked website by us. If you decide to leave our Website and access these third-party sites, you do so at your own risk.

This Website may be accessed by users globally and may contain references or cross references to Company products, programs and services that are not available or are prohibited in your country. Such references do not imply that Company intends to make available in your country such products, programs or services or that such products may lawfully be used in your country. Company reserves the right without prior notice to discontinue models, parts and accessories, and other items or change specifications at any time without incurring any obligations.

(xx) Miscellaneous: Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Mumbai. Should any part of this Terms of Use be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Website is in conflict or inconsistent with this Terms of Use, this Terms of Use shall take precedence. Our failure to enforce any provision shall not be deemed a waiver of such provision nor of the right to enforce such provision.

(xxi) Contact Us: Contact us on email admin@thecubeclub.com for submitting your queries, requests or concerns to our Customer Care team and we will get back to you within 48 hours. Further, you can also contact us through post on below address:

B-1105, Floor-11, Plot 211, Dalamal Tower Free Press Journal Marg, Nariman Point, Mumbai – 400021.