Terms and Conditions
MUZUMDAR LIMITED
1. Introduction
1.1. Agreement to Terms
These Terms and Conditions ("Terms") govern your access to and use of the online exercise program for knee osteoarthritis ("Program") provided by MUZUMDAR LIMITED ("we," "us," "our," or the "Company"), a company registered in England and Wales under company number 15862000, with its registered office at 14 Luna House, 37 Bermondsey Wall West, London, SE16 4RN, United Kingdom.
1.2. Acceptance of Terms
By accessing or participating in the Program, you ("User," "you," or "your") agree to be bound by these Terms in their entirety. If you do not agree with any part of these Terms, you must not access or use the Program.
1.3. Updates to Terms
1.3.1. We reserve the right to modify or update these Terms at any time at our sole discretion.
1.3.2. Any changes will be effective immediately upon posting the revised Terms on our website or within the Program platform.
1.3.3. Your continued use of the Program after such changes constitutes your acceptance of the revised Terms.
1.3.4. It is your responsibility to review these Terms periodically for updates.
2. Program Description
2.1. Overview
The Program is an online, virtual physiotherapy-based exercise program designed specifically for individuals diagnosed with radiographic or symptomatic knee osteoarthritis. The Program includes guided exercises delivered through a digital platform hosted by Thinkific, an online learning management system.
2.2. Purpose
The Program aims to provide general exercise guidance to support mobility, strength, and symptom management for eligible Users with knee osteoarthritis. It is not a substitute for professional medical advice, diagnosis, or treatment.
2.3. Program Duration
The core Program spans six (6) weeks, with an optional monthly subscription for continued access to additional content or support following completion of the initial Program.
3. Eligibility and Target Users
3.1. Eligible Users
3.1.1. The Program is intended for individuals diagnosed with radiographic or symptomatic knee osteoarthritis, as confirmed by a qualified healthcare professional.
3.1.2. Users must be at least 18 years of age or have the consent of a legal guardian to participate.
3.2. Geographic Scope
3.2.1. The Program is available to Users located in the United Kingdom and India.
3.2.2. Users accessing the Program from other jurisdictions do so at their own risk and are responsible for compliance with local laws.
3.3. Medical Clearance
3.3.1. Users must consult their physician or primary care provider before participating in the Program to ensure it is safe and appropriate for their health condition.
3.3.2. Users with pre-existing injuries, health conditions, or physical limitations must inform their instructor or healthcare provider prior to participation.
4. Payment Terms
4.1. Fees
4.1.1. The one-time fee for the six-week Program is £49.90, payable in full at the time of enrollment.
4.1.2. Upon completion of the six-week Program, Users may opt into a monthly subscription for continued access to additional content or support at a fee of £19.90 per month.
4.1.3. All fees are quoted in British Pounds (GBP) and are inclusive of applicable taxes, unless otherwise stated.
4.2. Payment Method
4.2.1. Payments are processed securely through the Thinkific platform or a designated third-party payment processor.
4.2.2. Users are responsible for providing accurate payment information and ensuring sufficient funds are available.
4.3. Subscription Terms
4.3.1. The optional monthly subscription will automatically renew on a monthly basis unless cancelled by the User.
4.3.2. Users may cancel their subscription at any time through their account settings on the Program platform, with cancellation taking effect at the end of the current billing cycle.
4.4. Refund and Cancellation Policy
4.4.1. The one-time Program fee of £49.90 is non-refundable under any circumstances, including but not limited to non-use, dissatisfaction, or medical inability to participate.
4.4.2. Subscription fees are non-refundable for the current billing cycle but may be cancelled to prevent future charges.
4.4.3. We reserve the right to cancel or suspend your access to the Program at our discretion, including for non-payment or violation of these Terms, without refund.
5. User Responsibilities
5.1. Medical Consultation
5.1.1. You must consult a qualified healthcare professional before starting the Program to confirm its suitability for your medical condition.
5.1.2. You are responsible for informing your instructor of any injuries, health conditions, or physical limitations that may affect your participation.
5.2. Proper Use
5.2.1. You agree to follow all instructions provided in the Program and to perform exercises in a safe and controlled manner.
5.2.2. You acknowledge that improper use of the Program or failure to follow instructions may result in injury or worsening of your condition.
5.3. Account Security
5.3.1. You are responsible for maintaining the confidentiality of your account credentials and for all activities conducted under your account.
5.3.2. You must notify us immediately of any unauthorized access or use of your account.
5.4. Compliance with Laws
You agree to use the Program in compliance with all applicable local, national, and international laws and regulations.
6. Medical Disclaimers and Limitations of Liability
6.1. No Medical Advice
6.1.1. The Program provides general physiotherapy-based exercises and is not intended to replace professional medical advice, diagnosis, or treatment.
6.1.2. The information provided in the Program, including on our website or platform, is for informational purposes only and should not be relied upon for medical decisions.
6.1.3. Always seek the advice of your physician or other qualified healthcare professional regarding any medical condition or treatment.
6.2. Health Risks
6.2.1. Participation in the Program involves physical activity, which carries inherent risks of injury or worsening of existing medical conditions.
6.2.2. You participate in the Program at your own risk and assume full responsibility for any adverse outcomes.
6.3. Limitation of Liability
6.3.1. To the fullest extent permitted by law, MUZUMDAR LIMITED, its officers, directors, employees, agents, and affiliates shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from your use of the Program.
6.3.2. This includes, but is not limited to, damages for personal injury, loss of data, loss of profits, or any other intangible losses, even if we have been advised of the possibility of such damages.
6.3.3. Our total liability to you for any claim arising out of or relating to these Terms or the Program shall not exceed the amount paid by you for the Program in the preceding six (6) months.
6.4. No Warranties
6.4.1. The Program is provided on an "as-is" and "as-available" basis without warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
6.4.2. We do not guarantee that the Program will meet your expectations, be uninterrupted, error-free, or free from viruses or other harmful components.
7. Privacy and Data Handling
7.1. Data Collection
7.1.1. The Program is hosted on the Thinkific platform, which collects and processes personal data in accordance with its Privacy Policy, available at https://www.thinkific.com/privacy-policy/.
7.1.2. By using the Program, you consent to the collection, use, and storage of your personal data as described in Thinkific’s Privacy Policy and our own Privacy Policy (if applicable).
7.2. Use of Data
7.2.1. We may collect personal information such as your name, email address, payment details, and health-related information to facilitate your participation in the Program.
7.2.2. We use this data to provide the Program, process payments, communicate with you, and improve our services.
7.3. Data Security
7.3.1. We implement reasonable technical and organizational measures to protect your personal data from unauthorized access, loss, or misuse.
7.3.2. However, no online platform is completely secure, and we cannot guarantee the absolute security of your data.
7.4. Cross-Border Data Transfers
7.4.1. As the Program is available to Users in the UK and India, your personal data may be transferred to and stored in jurisdictions outside your country of residence.
7.4.2. We ensure that such transfers comply with applicable data protection laws, including the UK GDPR and Indian data protection regulations.
7.5. User Rights
You have certain rights regarding your personal data, including the right to access, correct, or delete your data, subject to applicable laws. Please refer to our Privacy Policy or contact us for details.
8. Intellectual Property
8.1. Ownership
8.1.1. All content, materials, and intellectual property related to the Program, including but not limited to videos, exercise guides, text, logos, and software, are owned by MUZUMDAR LIMITED or its licensors.
8.1.2. You are granted a limited, non-exclusive, non-transferable license to access and use the Program content solely for personal, non-commercial purposes.
8.2. Restrictions
8.2.1. You may not copy, reproduce, distribute, modify, or create derivative works of the Program content without our prior written consent.
8.2.2. Unauthorized use of our intellectual property may result in termination of your access to the Program and legal action.
9. Termination
9.1. By User
You may terminate your participation in the Program by cancelling your subscription (if applicable) or ceasing to access the Program. No refunds will be provided for the one-time Program fee.
9.2. By Company
9.2.1. We may terminate or suspend your access to the Program at our sole discretion, with or without notice, for reasons including but not limited to:
9.2.1.1. Breach of these Terms;
9.2.1.2. Non-payment of fees;
9.2.1.3. Conduct that we believe is harmful to other Users or our business.
9.2.2. Upon termination, your right to access the Program will cease immediately, and no refunds will be provided.
10. Governing Law and Jurisdiction
10.1. Governing Law
These Terms and any disputes arising out of or relating to the Program shall be governed by and construed in accordance with the laws of England's and Wales, without regard to its conflict of law principles.
10.2. Jurisdiction
10.2.1. Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts of England and Wales.
10.2.2. Users in India or other jurisdictions agree to submit to the jurisdiction of the courts of England and Wales for any disputes related to the Program.
10.3. Cross-Jurisdictional Considerations
Users accessing the Program from India or other jurisdictions are responsible for ensuring compliance with local laws, including any regulations governing online health or fitness programs.
11. Miscellaneous
11.1. Force Majeure
We shall not be liable for any failure to perform our obligations under these Terms due to events beyond our reasonable control, including but not limited to natural disasters, pandemics, or technical failures.
11.2. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
11.3. Entire Agreement
These Terms, together with any policies referenced herein (e.g., Privacy Policy), constitute the entire agreement between you and MUZUMDAR LIMITED regarding the Program and supersede all prior agreements or understandings.
11.4. No Waiver
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
11.5. Assignment
11.5.1. You may not assign or transfer your rights or obligations under these Terms without our prior written consent.
11.5.2. We may assign or transfer our rights and obligations under these Terms at our discretion.
11.6. Third-Party Services
The Program is hosted on the Thinkific platform, and certain services (e.g., payment processing) may be provided by third parties. We are not responsible for the performance or policies of such third-party services.
12. Contact Information
For questions, concerns, or complaints regarding these Terms or the Program, please contact us at:
MUZUMDAR LIMITED
14 Luna House, 37 Bermondsey Wall West, London, SE16 4RN, United Kingdom
Email: [email protected]