OMNI LIFE LEISURE AND HOSPITALITY PRIVATE LIMITED (EVOLVE)

Terms And Conditions

Introduction

These Terms and Conditions (“Terms”) are a legal agreement between you (“you” or “User”) and Omni Life Leisure and Hospitality Private Limited (“Evolve”, “we”, “us”, “our”) governing your access to and use of the Evolve website, social media channel and any other digital interfaces, features or services provided by Evolve (collectively, the “Platform”). Please read this terms of use agreement (the "agreement") carefully. By accessing or using any website, social media channel (e.g., Facebook, X, Youtube or Instagram), or other digital platform owned and/or operated by Evolve, its affiliates or agents (collectively, the "Digital Services") in any way, including using the services and resources available or enabled via the Digital Services by us, completing the registration process, making a purchase, or merely browsing the Digital Services, you represent that (1) you have read, understand, and agree to be bound by these Terms of Use for Digital Services (“Terms), (2) you are of legal age to form a binding contract with us, and (3) you have the authority to enter into the Agreement. If you do not agree to be bound by the Terms, you may not access or use the Digital Services.

Some Digital Services may be offered on a subscription basis. If you subscribe to such services for an initial term, then the subscription will be automatically renewed for additional periods and for the fees disclosed at to you at the time of subscription unless you cancel your subscription in before the renewal date.

These Terms are an electronic record published in accordance with the Information Technology Act, 2000, Digital Personal Data Protection (DPDP) Act, 2023 and rules made thereunder, and do not require any physical or digital signature. Evolve reserves the right to modify these Terms at any time. Continued use of the Platform after update constitutes acceptance of the revised Terms.

This Agreement is for an indefinite term. Subject to the terms contained herein, either Party can terminate this Agreement for any reason, provided that such termination shall be conditional upon, including but not limited to, discharge of all contractual and statutory obligations.

Definitions

Unless the context otherwise requires, capitalised terms used in these Terms have the following meanings:

Act means the Digital Personal Data Protection Act, 2023 and rules made thereunder.
Affiliate(s) means any person or entity directly or indirectly controlling, controlled by, or under common control with Evolve.
Agreement means these Terms together with the Privacy Policy, as amended from time to time.
Applicable Law means all applicable laws, rules, regulations, regulatory guidelines and directions, and orders of courts and tribunals in India.
Content means text, graphics, interfaces, photographs, trademarks, logos, audio, video, software and code.
Force Majeure Event means any event beyond reasonable control, including but not limited to natural disasters, pandemics, cyber incidents, government actions, strikes, riots, or telecommunication failures.
Evolve or we or us or our means Omni Life Leisure and Hospitality Private Limited (CIN U74909DL2025PTC444467), registered office at Mezzanine Floor, Bajaj House, 97, Nehru Place, New Delhi- 110019.
Personal Data means any data about an individual who is identifiable by or in relation to such data.
Platform Services means services provided directly by Evolve on the Platform (and not Partner Services).
Sensitive Personal Data includes health data, fitness data, medical history, biometric data, and lifestyle information voluntarily provided.
User or you means any individual or entity that accesses or uses the Platform.

Digital Consent & "Notice

By clicking "I Agree" or by using this website to book classes or purchase memberships, you provide free, specific, informed, unconditional, unambiguous and affirmative consent for Evolve to process your personal data. This includes your IP address, login credentials, and any health data you provide in digital forms.

You also confirm that any health or fitness information is voluntarily shared and understand that withdrawal of consent may limit service availability.

Consent may be withdrawn by contacting the Evolve.

Representation and Warranties

By accessing, registering, using or transacting on the Platform, you represent and warrant that:

you are at least eighteen years of age and legally capable of entering into binding contracts or using the website under the supervision and consent of a parent or legal guardian;
you are accessing the Platform in compliance with Applicable Law;
you agree to provide true, complete and updated information and you will promptly update such information as necessary when creating an account or filling out health questionnaires, if any. Under the DPDP Act, providing false information or impersonating another person while furnishing personal data is a punishable offense.
you are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account; and
you are not barred from using the Platform under any law.

You acknowledge and agree that Evolve owns or has the rights to the Platform, its software, documentation and Content except to the extent such rights are owned by Partners. You will not copy, reproduce, reverse engineer or create derivative works of the Platform software or Content, except as expressly permitted in writing by Evolve.

Nature of Relationship and Scope of Services

This clause establishes that the Evolve is a service provider and the user is a customer, specifically distancing the relationship from a medical or clinical one.

Independent Service Provider: The relationship between Evolve and the User is that of a service provider and an independent customer. Nothing in these Terms shall be construed as creating a partnership, joint venture, or employer-employee relationship.

No Medical Advice: Evolve provides wellness, fitness, and nutritional guidance for informational and recreational purposes only. Evolve is not a medical facility. No information provided by trainers, staff, or the website constitutes medical diagnosis, treatment, or professional medical advice.

Health Warranty: By using our services, the user acknowledges they are in good physical health. The User is solely responsible for consulting a licensed physician before starting any fitness program. Evolve shall not be held liable for any injury or health complication resulting from the User’s failure to seek medical clearance.

Defined Services: Evolve agrees to provide the following services (the "Services") as selected by the User through their membership tier:

Access to physical gym facilities, equipment, and locker rooms.
Participation in scheduled group classes (Yoga, Pilates, etc.).
Personal training sessions (if specifically purchased).
Access to the digital member portal for booking and tracking progress.

Digital Platform Usage: The Website serves as a medium for:

Membership registration and secure payment processing.
Management of User profiles and booking calendars.
Delivery of digital wellness content and newsletters.

Modifications to Services: Evolve reserves the right to modify class schedules, equipment, or trainers, or to temporarily suspend Website access for maintenance. We will notify you of any significant changes to the scope of services that may impact your data processing (e.g., introducing a new biometric check-in system).

Limitations: The Services do not include the provision of any items not explicitly listed in the User’s membership plan. Outside of the Evolve’s digital platform, the Evolve is not responsible for any informal advice or interactions between Users and staff.

Health, Fitness & Wellness Disclaimer

The Services involve physical activity and inherent risks.

Users are strongly advised to consult a qualified medical professional before participating in any program.
Evolve does not guarantee fitness results or health outcomes.
Evolve shall not be liable for injuries, illnesses, or health complications, misuse or misinterpretation of wellness content, decisions taken based on website information

Participation is entirely at the User’s own risk.

By participating in any group class (including but not limited to Yoga, Pilates, strength training, dance, or other fitness/wellness sessions) offered by Evolve, you acknowledge that physical activity involves inherent risks, including but not limited to muscle strain, sprains, falls, or other injuries. You voluntarily assume full responsibility for any risks, injuries, or damages that may occur as a result of my participation in these classes, whether occurring during, before, or after the session.

You hereby release and discharge Evolve, its owners, instructors, employees, and affiliates from any claims, demands, or causes of action arising out of my participation in the group classes, except in cases of gross negligence or willful misconduct.

Collection of Personal Data

We may collect the following Personal Data:

Name, age, gender, contact details
Account or membership details
Health, fitness, lifestyle or medical information voluntarily disclosed
Payment-related information (processed via secure gateways)
IP address, browser type, device data, and usage logs

Personal Data is processed strictly for:

Responding to enquiries and registrations
Providing and managing Services
Health and safety assessments
Communication regarding programs, schedules, and promotions
Legal, regulatory, audit, and compliance purposes

Data shall not be processed for unrelated purposes without explicit consent.

Personal Data may be shared with:

Trainers, therapists, nutritionists, consultants
IT vendors, CRM platforms, hosting providers
Payment gateways and financial institutions
Government or regulatory authorities when legally required

All third parties are bound by confidentiality and DPDP-compliant safeguards.

Disclaimer of Warranties and Liability

All information(s) and material(s) on the Site are provided on an "AS IS" basis, and are without guarantees or warranties of any kind, express or implied. Evolve disclaims all responsibility for any loss, injury, liability or damage of any kind resulting from and arising out of, or any way related to:

Any errors in or omissions from the Site and its content, including but not limited to technical inaccuracies and typographical errors;
Any Group Websites, third party Websites or content therein directly or indirectly accessed through links, if any, including but not limited to any errors in or omissions therefrom;
Your use of the Website;

Under no circumstances, will Evolve and/or any of its directors/ employees/ representatives accept any liability legal or otherwise for any direct or consequential loss, arising from the use of the information/data, material contained in the Site, to any User or Visitor for:

Loss, injury, claim, liability or damages of any kind resulting from the use of or the inability to use the information(s), links, and/or material(s) in the Site;
Special, direct, incidental, punitive, exemplary or consequential damages of any kind whatsoever in any way, resulting from or arising in connection with the use of or the inability to use the Website or its content(s) / information(s)/link(s) and material(s); and
Claim attributable to errors, omission or inaccuracies in or destructive properties of any data/information/material.

Evolve has taken due care and caution in compilation and presenting factually correct information/data, material contained in the Site and shall make reasonable efforts to ensure that the information/data, material provided on the Site is accurate but does not guarantee or warrant its accuracy, adequacy, correctness, validity, completeness or suitability for any purpose. Evolve accepts no responsibility with respect to the information on the Site. Use of this Site, by implication, means that you have gone through and agreed to abide by the Terms and Conditions of use and the Disclaimers, Risk Factors provided/given on the Site. Evolve does not represent that the information downloaded from the Site is completely error-free and accurate or the servers that make the Site available, are free of viruses or harmful components. Though due care has been taken to make the database completely reliable and error-free, Evolve claims exemption from any liability arising out of any such error in the data base.

Cookies and Automated Collection

Cookies and Tracking: Our website uses cookies to enhance your browsing experience and remember your preferences (such as your preferred branch or class type).

Necessary Cookies: For website functionality (e.g., keeping you logged in).
Analytical/Marketing Cookies: These are only deployed with your explicit consent. You can manage your preferences through our Cookie Settings dashboard.

Third-Party Links & Data Processors

To facilitate seamless bookings and payments, we may share your data with authorized Data Processors (e.g., payment gateways). These partners are contractually bound to protect your data and are prohibited from using it for their own marketing purposes without your direct consent.

Right to Erasure & "Right to be Forgotten

You have the right to request the deletion of your digital account and associated personal data. Upon such a request, we will erase your data from our active servers within 45 days, unless retention is required for legal or financial auditing purposes.

Offers, Promotions and Eligibility

Evolve may run offers, promotions or campaigns. Each offer is subject to specific eligibility criteria and terms.
Evolve reserve the right to withdraw or modify offers, or to disqualify Users who abuse offers, engage in fraud or otherwise fail to meet eligibility conditions.

Membership Terms & Conditions

Financial Terms and Enrolment

Membership fees for annual packages must be paid in full at the time of enrollment. Exceptions are only permitted where a written installment plan has been formally approved by the Evolve management.
To ensure financial transparency and data security, all payments must be made through approved digital or banking modes, including UPI, Credit/Debit Cards, Cheque, or Bank Transfer.
In compliance with statutory regulations, cash payments exceeding government-specified limits will not be accepted.
To ensure uninterrupted access to facilities and benefits, renewals must be completed prior to the expiry date. Evolve is not liable for the lapse of benefits resulting from delayed renewals.

No Refund Policy

All membership fees, whether paid in full or in part, are strictly non-refundable. By enrolling, members acknowledge they have evaluated their commitment.
Refunds will not be entertained for lack of use, change in personal circumstances, or relocation within the city.
Refunds are generally not permitted unless under exceptional medical circumstances. Such requests must be supported by valid medical documentation and are subject to final Evolve management approval.

Membership Freeze / Suspension Policy

Members may request a temporary suspension of their membership under the following exceptional circumstances:
Medical conditions preventing physical activity (supported by documentation).
Maternity or post-natal requirements.
Temporary relocation outside of Delhi NCR.
A freeze may be granted for a minimum of 1 month and a maximum of 3 months within a 12-month membership cycle.

A written request must be submitted to management at least 7 days in advance of the intended start date. Freezes are subject to approval and will not be granted retrospectively.

Transfer Policy

Memberships are generally personal and non-transferable.
At the Evolve’s discretion, an active membership may be transferred to an immediate family member or a nominated individual due to the exceptional reasons listed in the Freeze Policy.
A processing fee of ₹25,000 (INR) applies to all approved transfers to facilitate the registration and data processing of the new member.
Upon transfer, all rights and obligations vest with the new member. The original member shall have no further claims against the Club.

Management Discretion Clause

While these policies provide a standard framework, the Evolve management reserves the right to consider exceptions in rare and truly exceptional circumstances.
Any exception granted by Evolve management is a one-time gesture and shall not be construed as a waiver of these terms or as a precedent for future requests.

Limited Permission to Copy

Users or Visitors of the Site are permitted to print or download extracts from these pages for his/her/its personal non-commercial use only. Any copies of these pages saved to disk or to any other storage medium, may only be used for subsequent viewing purposes or to print extracts for personal use. You may not (whether directly or through the use of any software program) create a database in electronic or structured manual form by regularly or systematically downloading and storing all or any part of the pages from the Site. No part of the Site, may be reproduced or transmitted to or stored in any other website, nor shall any of its pages or part thereof be distributed in any electronic or non-electronic form, nor included in any public or private electronic retrieval system or service without Evolve’s prior written consent.

Changes

Evolve reserves its right to add to or change/modify the information, contents and the terms of this Agreement. Any changes will be posted to the Site and it is the Users' responsibility to refer to the terms on accessing this service. Changes could be effected by Evolve after the first posting to the Site and you will be deemed to have accepted any change, if you continue to access the Site after that time. Evolve further reserves its rights to modify, suspend/cancel, or discontinue any or all service(s) at any time without notice, make modifications and alterations in any or all of the content, products and services contained on the Website without prior notice.

Copyright and Trademark

Unless otherwise stated, copyright and all intellectual property rights in all material presented on the Site (including but not limited to text, audio, video or graphical images), trademarks and logos appearing on the Website are the property of Evolve and are protected under applicable Indian Laws. Any infringement shall be strongly defended and pursued, to the fullest extent permitted by law.

Advertising Material

The Website may contain advertising and other material submitted to Evolve by third parties. Advertisers are responsible for ensuring that material submitted for inclusion on the Site complies with applicable International and Indian Law. Evolve will not be responsible for any advertiser's claim, error, omission or inaccuracy in advertising material, and reserves the right to omit, suspend or change the position of any advertising material submitted for insertion/placement on the Site. Acceptance of advertisements on the Website will be subject to Evolve terms and conditions.

Indemnity

You shall indemnify, defend and hold harmless Evolve, its Affiliates and their respective officers, directors, employees, agents and representatives from and against all claims, losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising from or related to:

(a) your breach of these Terms; (b) your misuse of the Platform or Partner Modules; (c) your violation of any applicable law; or (d) your Content.

Force Majeure

Evolve will not be liable for any failure or delay in performance caused by Force Majeure Events. Performance will be suspended for the duration of the event and resumed once practicable.

Governing Law and Dispute Resolution

These Terms are governed by the laws of India. Courts at Delhi shall have exclusive jurisdiction unless otherwise required by Applicable Law.

All disputes arising out of or in connection with these Terms shall be resolved by arbitration under the Arbitration and Conciliation Act, 1996, seat of arbitration, New Delhi and the proceedings shall be conducted in English. The arbitrator’s award shall be final and binding.

Notices

Notices to Evolve must be sent to the registered office address or to the official email address displayed on the Platform. Notices to Users will be effected by email to the address provided at registration, by SMS, or by in-app notification. A notice is deemed given when delivered to the address indicated.

Severability and Entire Agreement

If any provision of these Terms is held invalid or unenforceable, the remaining provisions will continue in full force. These Terms and the Privacy Policy constitute the entire agreement between you and Evolve relating to their subject matter and supersede prior agreements or representations.

Grievance Redressal and Partner-Specific Complaints

For Platform related complaints contact the Grievance Officer named on the Platform. Evolve will attempt to resolve Platform grievances as per Applicable Law.

Feedback or Notices

If you have questions, comments, or notices about the Website or this Agreement, please contact us in writing at the address below:

Omni Life Leisure and Hospitality Private Limited
Office Address: Shop No. 61C, 62C and 62D,
Khasra No. 287, 288/1, 288/2, The Dhan Mill,
100 Ft. Road, Chattarpur, New Delhi- 110074