This Client Service Agreement (the “Agreement”) is entered into by and between Iron Man Lifestyle and the Client/Customer (referred to as “you,” Undersigned”).
By using the http://www.ironmanlifestyle.co website ("Service"), or http://www.ironmanlifestyle.com, or any of our services, you are agreeing to be bound by the following terms and conditions ("Terms of Service"). IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, ITS AFFILIATES AND ALL USERS WHO ACCESS OUR SERVICES THROUGH YOUR ACCOUNT TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY, ITS AFFILIATES AND USERS ASSOCIATED WITH IT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.
If Iron Man Lifestyle makes material changes to these Terms, we will notify you by email or by posting a notice on our site before the changes are effective. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.
Violation of any of the terms below will result in the termination of your Account. While Iron Man Lifestyle prohibits such conduct and Content on the Service, you understand and agree that Iron Man Lifestyle cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
OWNERSHIP OF MATERIALS:
Undersigned agrees that information collected of the undersigned including registration details, personal details, and any audio/video recording shall be the sole property of Iron Man Lifestyle.
Iron Man Lifestyle & Iron Man Lifestyle's products and services are owned and operated by Iron Man Lifestyle. Products and/or Services include all services, materials, information, and content delivered to a subscriber through direct communication, electronic or printed media. Iron Man Lifestyle products and/or services are intended for use solely by the individual that has subscribed to or purchased products directly from Iron Man Lifestyle.
The undersigned Subscriber agrees that he shall not allow any other person to use the subscriber’s username and password to obtain access to Iron Man Lifestyle products or services for any reason, including but not limited to time-share. Subscriber’s rights to use our services or products are limited exclusively to personal use and may not be resold or shared for free or for a profit with anyone. The undersigned agrees that in case any breach of the above condition is detected, Iron Man Lifestyle shall be at liberty to terminate the membership of the undersigned without notice. The undersigned also agrees that he shall be liable to pay any damages which arise due to the sharing of access to content, to the tune of the subscriber fee applicable for a new user.
The undersigned agrees that he shall not use or reproduce such trademarks without written permission from Iron Man Lifestyle. All images, content, and media of all types on all sites shall not be used for any purpose other than direct viewing by the undersigned. All associated websites and other websites are owned by Iron Man Lifestyle, including the look and feel of such sites.
The undersigned agrees to not share, resale, distribute, reproduce, copy, sell, resell, provide for free, exploit, or transfer for profit or not for profit any material, services, or access to services and understands that Iron Man Lifestyle shall bring litigation upon the undersigned subscriber/customer for any violation of the policies within this agreement and disclaimer and the undersigned/subscriber/customer agrees that he shall be responsible for all legal costs, marketing, public relation, lost profit, travel, damages, and other expenses related to such violation.
INTELLECTUAL PROPERTY RIGHTS:
All images, content, and media of all types on all Iron Man Lifestyle sites may not be used for any purpose other than the subscriber’s direct viewing.
Iron Man Lifestyle products and/or services are intended for use solely by the individual that has subscribed or purchased products directly from Iron Man Lifestyle
Subscriber’s rights to use our services or products are limited exclusively to your personal use and may not be resold or shared for free or for a profit with anyone.
User agrees to not share, resale, distribute, reproduce, copy, sell, resell, provide for free, exploit, or transfer for profit or not for profit any material, services, or access to services and understands that Iron Man Lifestyle shall bring litigation upon subscriber/customer for any violation of the policies within this agreement and disclaimer and subscriber/customer shall be responsible for all attorney, legal, marketing, public relation, lost profit, travel, damages, and other expenses related to such violation.
These clauses would place the user in breach of contract if they were to violate them.
Examples of such are:
Direct viewing means for one’s own personal use exclusively.
This limits any subscriber from using the content to create content of their own that is anyway using the content we make and distributing it outside of our website and if within our website, without the express written permission of Kshitij Sehrawat. This applies even if giving credit to us as the originator of the idea or concept. Obviously claiming a concept as your own would also be a breach of the terms of service, as this would be using it in a way other than direct viewing. Teaching the strategies, we teach, in the separate forum of any manner electronic, paper, in person, or another media type, using the content we teach to, education, articles, or videos whether public, private, for-profit or not for profit, would be a breach of the terms of service. Attempting to reverse engineer our methodologies would be a violation of this agreement. Taking concepts, ideas, formulas, education, and content of any form and using them to make a similar reproduction to accomplish any similar result or to make a new way of using said content for profit or not for profit, distributing it to another person would be using it for a purpose other than direct viewing.
BREACH OF CONTRACT
The parties agree that any breach of the above-said terms shall cause Iron Man Lifestyle liquidated damages to the tune of rupees 5 lakh per breach, and the party in breach shall be liable to compensate Iron Man Lifestyle for the same.
Any interviews without the prior consent of Iron Man Lifestyle with the media, or statements to any media/publications shall also be a breach of the above terms. The undersigned agrees that any such interview on any media platform, or any social media platform publication, shall be a breach of this agreement. The user agrees that Iron Man Lifestyle has spent upwards of Rs. 30 Lakhs in cultivating an impeccable brand, and the user agrees that Iron Man Lifestyle shall suffer liquidated damages of Rs. 30 Lakhs in case any breach of the above condition takes place. The undersigned agrees that liquidated damages to the tune of Rs. 30 lakhs shall be paid by the user in case of such breach.
The undersigned agrees that he has been briefed that all content, coaching, and company values of Iron Man Lifestyle are in compliance with and legal and moral values of India. The undersigned agrees that if he chooses to partake in any activities as part of live or online coaching, he does so at his own peril. The undersigned agrees that Iron Man Lifestyle does not teach clients to disobey any law of India.
The undersigned agrees that he has been made aware of all laws pertaining to the protection of women in India, including the Indian Penal Code, Information Technology Act, Protection of Children from Sexual Offences Act, and various Fundamental Rights of Privacy under the Constitution.
The undersigned agrees that all methodologies taught by Iron Man Lifestyle are legal under Indian laws. The undersigned also agrees that he shall be solely liable for any civil or criminal action initiated against him due to any activity done by him during the process of coaching/consultations.
Upon termination, you will not have access to Iron Man Lifestyle products or services. However, your termination does not relieve the requirement that you continue to honor the terms of service regarding intellectual property rights.
By signing this document, you agree to and accept the terms and conditions. and you also understand this payment is non-refundable.
All fees are non-refundable, in whole or in part except as stated on the product.
In the event of a chargeback by a credit card company, (or similar action by another payment provider allowed by us) or other non-payment by you in connection with your payment of the applicable service or renewal fee, you agree that the product for which such fee has not been paid may be suspended, canceled or terminated, in Iron Man Lifestyle’s sole discretion, and you remain responsible for the full payment of the fee and any additional amounts owed by you. Any attempt to chargeback shall result in all collection fees, chargeback fees, subscription fees, and any legal fees being due to Iron Man Lifestyle by you.
Iron Man Lifestyle accepts PayPal, Stripe, Razorpay, Paytm, Instamojo, UPI, Bank transfers, MasterCard, and Visa. We also accept debit cards, personal checks, money orders, cashier checks, cash deposits, and wire transfers under special circumstances.
There are no cancellations for the current month/term and no refunds on subscription products.
REPRESENTATION AND WARRANTIES:
Past results are not indicative of future performance. For purposes of all products and services, all case studies and client examples are to be considered coaching examples, based upon educational purposes only. There are no guarantees of results and no statements or track records on any form of communication of any type produced by Iron Man Lifestyle on any of its websites. None of the materials should be construed to make any type of guarantee of results. This is in no way meant to mean that Iron Man Lifestyle or others representing it are in any way guarantying a specific or desired result. As always, past results are in no way a guarantee of future results.
If any employee, contractor, or possible affiliate, of Iron Man Lifestyle or this website, decides to act in any way other than described in this disclaimer, they must do so with written documentation signed by Iron Man Lifestyle for each individual instance in which they may be doing so in a means separate from or linked to Iron Man Lifestyle. Otherwise, they are doing so without the knowledge or consent of Iron Man Lifestyle. If you believe any employee, contractor or affiliate is acting in such a manner and representing Iron Man Lifestyle. or any of its services or websites or products, you must request the letter from them to see if they are authorized to do so through certified mail. Iron Man Lifestyle's products and services could include inaccuracies or errors. We do not make guarantees as to the completeness or correctness of any Iron Man Lifestyle & Iron Man Lifestyle Sites’ product.
The coaching given by Iron Man Lifestyle is an experiential education program designed to enhance personal effectiveness. It is not intended to be psychotherapy or counseling or a substitute for psychotherapy or any kind of counseling. Iron Man Lifestyle is not a psychological support group or a therapeutic environment.
The programs are beneficial for the vast majority of participants in terms of increasing personal effectiveness and overall satisfaction in life, but should not be taken to resolve emotional problems for which therapy or similar treatments are generally used. Psychological disorders are not addressed in Iron Man Lifestyle’s coaching programs. We are not trained mental health professionals and they are not trained to treat psychological problems or to provide treatment to an emotionally or psychologically distressed person.
People who mistake Iron Man Lifestyle’s programs for an alternative to therapy may experience adverse consequences. If you have or believe you may have a problem requiring psychological treatment, please do not attend any Iron Man Lifestyle programs. We urge you to consult a qualified professional.
Any failure or forbearance by in exercising any of the rights, or privileges under the Agreement shall not constitute a waiver of that right, power or privilege or acquiescence to the relevant conduct or course of conduct. Nor shall a previous failure, delay or forbearance on the part of Iron Man Lifestyle including a partial exercise by Iron Man Lifestyle of any of its rights, powers and privileges in any way affect its right to exercise all such rights, powers and privileges in the future.
LIMITATION OF LIABILITY
NEITHER IRON MAN LIFESTYLE NOR ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, SPONSORS OR ADVERTISERS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO ANY COMPANY PRODUCTS AND/OR SERVICES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY COMPANY PRODUCT OR SERVICE IS TO STOP USING THEM. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT-INCLUDING, WITHOUT LIMITATION-NEGLIGENCE), OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, DIRECTLY TO THE COMPANY FOR SERVICES AND PRODUCT. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Kshitij Sehrawat nor Iron Man Lifestyle is not responsible for any words you say, actions you do or take. Kshitij Sehrawat is not a certified doctor, psychologist, or psychiatrist and the products and services he provides are for educational purposes only.
Iron Man Lifestyle will be not responsible for any failure to perform its obligations under this agreement due to causes beyond the control, including but not limited to acts of God, war, riot, embargoes, acts of civil or military authorities, fire, flood or accidents.
GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of India. The courts at Delhi shall have exclusive jurisdiction on the matters arising from or in connection with this Agreement, without regard to the principles of conflicts of laws.
All disputes incapable of resolution from mutual negotiations within a period of 7 days arising out of or relating to this agreement shall be subject to arbitration and as such be governed by the Arbitration Act, 1996 and any amendments made thereto. The Arbitration shall be seated in Delhi and the language shall be English. Both parties agree that sole Arbitrator will be Mr. SK Goyal, Retired Judge ( Mob. No. 9999575603)