TERMS OF SERVICE
THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.
The domain name https://thewholetruthfoods.com/ and its related sub-domains, sites, services, tools (collectively, the “Website”) is owned and operated by Fitshit Health Solutions Private Limited. Throughout the Website, the terms “we”, “us” and “our” refer to Fitshit Health Solutions Private Limited, bearing CIN No U15490MH2019PTC325879 (which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to include its successors, affiliates, and permitted assigns). We offer this Website, including all information, tools and services available from this Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
These Terms of Service apply to all users of the Website, including without limitation users who are browsers, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our Website. By accessing or using any part of the Website, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this Terms of Service or unable to be legally bound by these Terms of Service, then you may not access the Website or use any services or otherwise click to accept these Terms of Service, if and when prompted on the Website.
Any new features or tools which are added to the Website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on the Website. We reserve the right to update, change or replace any part of these Terms of Service at any time, and will notify you at least once in a year, or whenever there is a change in these Terms of Service, by email or by posting a conspicuous notice on the Website. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes. As long as you comply with these Terms of Service, we grant you a personal, revocable, non-exclusive, non-transferable, limited privilege to access and use the Website.
A breach or violation of any of the Terms will result in an immediate termination of your access to and use of the Website and the Service.
SECTION 1 – ELIGIBILITY
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Website. We reserve the right to terminate any person’s membership and/or refuse to provide such person with access to the Website if it is brought to our notice or if we discover that you are not eligible to use the Website. If you represent an entity, organization, or any other legal person, you confirm and represent that you have the necessary power and authority to bind such entity, organization, or legal person to these Terms of Service.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit/debit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit/Debit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Website through which the Service is provided, without express written permission by us.
The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this Website is not accurate, complete or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Website is at your own risk.
This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on this Website. You agree that it is your responsibility to monitor changes to this Website.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICE
Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only according to our Returns and Refunds Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear on the Website. We cannot guarantee that your computer monitor’s display of any colour will be accurate.
We reserve the right but are not obligated, to limit the sales of our products or Service to any person, geographic region or jurisdiction. We may also discontinue any or all of the products and Service provided on the Website, as we may deem fit. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Service that we offer through the Website. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. Any offer for any product or service made on this Website is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
The provision of Service on the Website may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We strive to keep the Website up and running; however, all online services suffer occasional disruptions and outages, and we are not liable for any disruption or loss you may suffer as a result of such disruption or outages.
SECTION 6 – SUBSCRIPTION PLAN AND PAYMENT TERMS
In addition to being able to purchase products from the Website, you may also purchase Products on a subscription plan. The users shall have the ability to purchase the Products on a monthly or fortnightly subscription or in such other manner as may be decided by us and notified to you from time to time (“Subscription”). When you purchase a Subscription (“Transaction”), we may ask you to supply additional information relevant to your Transaction, such as your debit or credit card number, the expiration date of your debit or credit card, or bank account details and your address(es) for billing and delivery (“Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. The amounts due and payable by you for a Transaction will be presented to you before you place your order. If you choose to initiate a Transaction, you consent and authorize us to provide your Payment Information to third party service providers for completion of the Transaction, and you further agree to: (a) pay of the applicable fees and any taxes thereon; (b) to bear any additional costs, charges, expenses (including fees and taxes thereon) that your bank or other financial service provider may levy in relation to the Transaction; and (c) permit us to charge your debit or credit card or third party payment processing account, for verification, pre-authorization and payment purposes. You will receive a confirmation email after we confirm the payment for your order. Your order is not binding on us until accepted and confirmed by us. All payments made are non-refundable and non-transferable except as expressly provided under these Terms.
All amounts are payable and charged for monthly or fortnightly Subscriptions or as per our payment cycle, at the beginning of the Subscription. Each such Subscription renews automatically for an additional period equal in length to the expiring Subscription term until you cancel it, using the Payment Information you have provided. You must cancel your monthly or fortnightly Subscription before it renews to avoid the billing of the fees for the next Subscription period. You can cancel the renewal of your subscription at any time by contacting us by email at email@example.com . You will not receive a refund for the fees you already paid for your current subscription period and you will continue to receive the services ordered until the end of your current Subscription period. We have no obligation to keep you informed prior to the billing of the fees based on your Subcription. You may see your subscription related information in “My Account” on the Website. In case of any request in relation to product customization, you are required to informed us at firstname.lastname@example.org at least 3(three) business days in advance of the next billing cycle. The billing amount may change subject to the change in product plan.
SECTION 7 – OPENING AN ACCOUNT
The Website allows only limited and restricted access to the Service for unregistered users.
As part of the sign-up process, you will have to create an account on the Website (“Account”), which can be done either by signing up through Facebook, Google, by your personal e-mail address or through such other means as may be indicated by us from time to time. In case of login through personal e-mail address, you will be required to provide an e-mail address and a password. While signing-up with us, you shall not (a) create an Account for anyone other than yourself, unless such person’s prior permission has been obtained; or (b) create an Account that is the name of another person with the intent to impersonate that person. You are solely responsible for all activities that occur under the Account and hereby undertake that no such activity shall be unlawful or in violation of any applicable laws, rules and regulations of India.
We reserve the right to take any and all action, as we deem necessary or reasonable, regarding the security of the Website and the Account.
Once registered, you can log in to the Account by (a) using the e-mail address and password; or (b) by logging into Facebook or other third party websites/modes, provided at the time of signing-up (“Login Credentials”). You agree that the sole responsibility of maintaining the security and confidentiality of the Login Credentials rests with you at all times. You shall not share these Login Credentials with any third party. In no event and under no circumstances shall we be held liable for any liabilities or damages resulting from or arising out of your use of the Website or the Login Credentials, theft of the Login Credentials or release by you of the Login Credentials to a third party, or your authorization to allow another person to access and use the Website using the Account.
You agree to (a) immediately notify us of any misappropriation or unauthorised use of the Account or any other breach of security via. the registered e-mail address that was used at the time of signing-up or in such other manner as may be indicated by us; and (b) exit from the Account at the end of each session. You may be held liable for losses incurred by us or any user or visitor of the Website due to authorised or unauthorised use of the Account, as a result of your failure in keeping the Login Credentials confidential.
If you do not want to create an Account on the Website, you, as an unregistered user, are permitted to make purchases on the Website without creating an account by using the option of ‘Guest Checkout’. In order to avail this ‘Guest Checkout’ option, you shall be required to provide us with accurate and complete details of your e-mail address, mobile number and shipping address. You understand that, as an unregistered user, the information you provide us will not be saved on the Website and you will be required to re-enter such information every time you use ‘Guest Checkout’ on the Website at the time of purchase.
We cannot and will not be liable for any loss or damage arising from your failure to comply with these Terms.
SECTION 8 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit/debit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we will notify you by contacting the e-mail and/or billing address/phone number provided at the time of signing up or when the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made from the Website. You agree to promptly update your account and other information, including your email address and credit/debit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns and Refunds Policy.
SECTION 9 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 10 – THIRD-PARTY LINKS
Certain content, products and services available on our Website may include third party materials, links or interactive functionality interacting with the websites of third parties.
Third-party links on this Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content, accuracy, functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such websites and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 11 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise or post certain content, data or information belonging to you, such as reviewing and allowing you to share your experience and views about a particular product/ service, and rate product/ service, post your comments and reviews in relation to the product/ service on the Website or any specific page, blog of the Website (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.
You hereby grant us a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, distribute, display, publish, transmit, make available, reproduce, modify, adapt the Comments and create derivate works of the Comments. You represent and warrant that you own or otherwise control all of the rights to the Comments that you post or that you otherwise provide on or through the Website.
You, being the originator of the Comments, are responsible for the Comments that you upload, post, publish, transmit or otherwise make available on the Website. You represent and covenant that you have obtained all relevant consents and approvals in order to post any Comments and that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.
We may, but have no obligation to, monitor, edit or remove Comment that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
SECTION 12 – AGREEMENT TO RECEIVE COMMUNICATION
You hereby by way of accepting these Terms of Service consent to the receipt of communication from us by way of in app messages, Short Message Service (SMS) messages, e-mails, promotional, marketing calls and newsletters. These emails could relate to your registration, transactions that you carry out through the Website and promotions that are undertaken by us, services from us and its third-party partners (if applicable).
SECTION 13 – PERSONAL INFORMATION
SECTION 13 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time with prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 14 – PAYMENT FACILITY
The Website permits payment via various modes, including cash on delivery (COD), virtual payment wallets and online payments through debit/credit cards and internet banking.
If you purchase the products using the cash on delivery (COD) option, the orders placed will be verified before dispatch through via. e-mail or multimedia text messages as SMS, WhatsApp, or phone calls from us on the e-mail address or mobile number provided at the time of signing up or when the order was made. Upon delivery of the products, you are not permitted to refuse receipt of such products. In the event that you refuse receipt of such delivered products and/or do not pay for the same, we reserve the right to blacklist you and block access to your Account on the Website and/or take any other action as we may deem fit.
While availing any of the payment method/s available on the Website, we will not be responsible for or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to: (a) lack of authorization for any transaction(s); (b) exceeding the pre-set limit mutually agreed by you and between bank/s; (c) any payment issues arising out of the transaction; (d) rejection of transaction for any other reason(s) whatsoever.
All payments made against the purchases on Website by you shall be compulsorily in Indian Rupees. It is expressly clarified that we will not facilitate transaction with respect to any other form of currency with respect to the purchases made on the Website.
You acknowledge that we will not be liable for any damages, interests or claims, losses resulting from or suffered on account of not processing a transaction/ transaction amount or any delay in processing a transaction/ transaction amount which is beyond our control.
SECTION 15 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you agree, undertake and covenant that, during the use of the Website, you shall not host, display, upload, modify, publish, transmit, store, update or share any information that:
belongs to another person or entity and to which you do not have any right, except as expressly provided in these Terms of Service;
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another person’s privacy, insulting or harassing on the basis of gender, hateful or racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent or contrary to the applicable laws in force in any manner whatsoever;
is misleading in any way;
is harmful to minors;
involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
infringes upon or violates any third party’s rights including, but not limited to, any patent, trademark, copyright or other proprietary rights or intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number);
provides instructional information about illegal activities such as violating someone’s privacy, or providing or creating computer viruses;
tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, communities, account information, bulletins, or other areas of the Website or solicits passwords or personally identifying information for commercial or unlawful purposes from other users of the Website;
engages in commercial activities without our prior written consent such as engages in contests, sweepstakes, barter, advertising etc;
interferes with another person’s use of the Website;
impersonates another person;
threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any foreign States;
refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Service;
deceives or misleads the addressee/ users about the origin of the messages or knowingly and intentionally communicates any information which is patently false or misleading or grossly offensive or menacing in nature but may reasonably be perceived as a fact;
is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
contains software viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, diminish value of, covertly intercept or steal any system, data or personal information; and
violates any applicable law for the time being in force.
You hereby accept full responsibility for any consequences that may arise from your use of the Website, and expressly agree and acknowledge than in no event and under no circumstances we shall be held liable to you for any liabilities or damages resulting from or arising out of your use of the Website.
You agree and acknowledge that you shall not use the Website for any fraudulent, malicious, illegal or unauthorized purpose/activities. You agree to comply with all applicable laws pertaining to your use of the Website. You further agree and acknowledge that you shall use the Service provided on the Website only for your personal use and not for business purposes.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
We shall have the right, but not the obligation, to monitor your access to or use of the Website to ensure your compliance with these Terms of Service or applicable laws, at our sole discretion.
We reserve the right to terminate your use of the Service or any related website for any of the prohibited uses.
SECTION 16 – CONTENT AND INTELLECTUAL PROPERTY RIGHTS
Except for Comments, all of the content and services and products provided on the Website, including text, software, scripts, code, designs, graphics, photos and other content and the copyrights, trademarks, service marks, logos, trade names, and other intellectual and proprietary rights associated therewith (“IP”) is owned by us or others (including without limitation, the third party service providers) that we license such content from, and is protected by copyright, trademark, patent and other intellectual property laws.
You hereby acknowledge that the IP constitutes original works and has been developed, compiled, prepared, revised, selected, and arranged by us and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes our valuable intellectual property. You thereby agree to protect our proprietary rights at all times. You may not selectively download portions of the Website without retaining the copyright notices. You may download material from the Website only for your own personal use and for no commercial purposes whatsoever.
You shall use the Website strictly in accordance with these Terms of Service, and shall not, directly or indirectly, (a) decompile, disassemble, reverse engineer, or attempt to derive the source code of, or in any manner decrypt, the Website; (b) make any modification, adaptation or improvement, enhancement, translation or derivative work from the Website; (c) violate any applicable laws, rules or regulations in connection with your access or use of the Website; (d) remove or obscure any proprietary notice (including any notices of copyright or trademark) forming a part of the Website; (e) use the Website for any commercial or revenue generation endeavours, or other purposes for which it is not designed or intended; (f) distribute or transmit the Website or other services; (g) use the Website for data mining, scraping, crawling, redirecting, or for any purpose not in accordance with these Terms of Service; (h) use the Website for creating a service or software that is directly or indirectly, competitive with the Website or any products or any services offered by or listed on the Website; or (i) derive any confidential information, processes, data or algorithms from the Website.
Any infringement shall lead to appropriate legal proceedings against you at an appropriate forum for seeking all available remedies under applicable laws of the country.
SECTION 17 – REFERRALS AND REWARDS
From time to time, we may offer referral bonuses and rewards to you for inviting new users to the Website and for completing other activities.
SECTION 18 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE (COLLECTIVELY, THE “CONTENT”) ARE PROVIDED BY US ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON INFRINGEMENT, SATISFACTORY QUALITY, COMPATIBILITY, APPLICABILITY, USABILITY, APPROPRIATENESS, AS TO THE OPERATION OF THE WEBSITE, THE ACCURACY OR COMPLETENESS OF THE CONTENT AND THE ACCURACY OF THE INFORMATION. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
YOU EXPRESSLY AGREE THAT THE USE OF WEBSITE IS AT YOUR OWN DISCRETION AND SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM ANY TRANSACTION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE WEBSITE OR CONTENT SHALL CREATE ANY WARRANTY. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE OF THE SERVICE IS AT YOUR SOLE RISK.
FURTHER, WE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR MOBILE PHONE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, DOCUMENTS OR INFORMATION
IN NO CASE SHALL WE, OUR AFFILIATES AND OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY.
YOU HEREBY AGREE TO WAIVE, RELEASE, DISCHARGE, AND HOLD US HARMLESS INCLUDING OUR PARTNERS, AFFILIATES AND GROUP COMPANIES (AS APPLICABLE) AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES, EXPENSES AND CAUSES OF ACTION ARISING OUT OF THE SERVICES AVAILABLE ON THE WEBSITE.
SECTION 19 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Fitshit Health Solutions Private Limited and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, or actions including reasonable attorneys’ fees, made by any third-party or penalty imposed due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party (including infringement of any intellectual property rights) of a third party.
SECTION 20 – SEVERABILITY AND WAIVER
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
SECTION 21 – TERMINATION
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Service, or when you cease using the Website.
We in our sole discretion for any reason or no reason, including if you have failed or if we suspect that you have failed, to comply with any term or provision of these Terms of Service, may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Service (or any part thereof) and/or the Website.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. The disclaimer of warranties and the governing law provisions shall survive any termination of these Terms of Service.
SECTION 22 – ENTIRE AGREEMENT
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 23 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Service shall be governed by and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be in Mumbai, Maharashtra. In the event of any dispute arising out of these Terms of Service the same shall be settled by a binding arbitration conducted by a sole arbitrator, appointed jointly by both parties and governed by the Arbitration and Conciliation Act, 1996. The venue and seat of arbitration shall be Mumbai, Maharashtra.
SECTION 24 – ASSIGNMENT
You shall not license, sell, transfer or assign your rights, obligations, or covenants under these Terms of Service in any manner without our prior written consent. We reserve the right, at our own discretion, to freely assign and transfer the rights and obligations under these Terms of Service to any third party.
SECTION 25 – GRIEVANCE REDRESSAL MECHANISM
In accordance with the Information Technology Act, 2000 and Rules made thereunder, the name and contact details of the Grievance Officer are provided below:
Mr. Sahil Narang
Designation: Entrepreneur In Residence
Fitshit Health Solutions Pvt Ltd,
36 ABCD, Marol Co. Operative Industrial Estate Ltd,
M. Vasanji Road, Andheri (East), Mumbai 400059
Contact us: email@example.com
Time: Mon – Sat (9:00 – 18:00)
For registering your complaint, please write to the Grievance Officer at the above-mentioned email address in relation to any violation of these Terms of Service or the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. The Grievance Officer shall redress the complaint in accordance with the provisions of the Information Technology Act, 2000 and Rules made thereunder.
SECTION 25–HOW TO CONTACT US
Questions about these Terms of Service should be sent to us at firstname.lastname@example.org .