If you do not agree with the terms of this Policy, please do not use this Website/Application or the avail the services provided by this Website/Application.
1. WHAT WE COLLECT
We receive information about you that is required during the time of registration with the Website/Application as well as the information you choose to share in a range of ways.
1.1 INFORMATION YOU GIVE US. When you choose to sign up, we collect your name, postal address, email address, phone number, username, password, and other information you directly give us on our Site. Sharing details allows us to do things like show you age-appropriate content and advertisements.
We receive information about you whenever you interact with our Website/Application, such as when you send or receive a message, provide us with information relating to your health, weight and fitness regime. When you post any information on the Website/Application pertaining to your health and fitness, you give us your complete consent to track your nutrition, weight and other information which FitnyTech deems necessary based on the information you provide us.
On posting information on our Website/Application we may receive additional information related data (or metadata), such as time, date, place you uploaded such information.
We may also receive data from computer, mobile phone or other device you use to access the Website/Application, including when multiple users log in from the same device. This may include your IP address and other information about things like your internet service, location, type (including identifiers) of browser you use, or the pages you visit.
We may receive data whenever you visit a third party link through our Website/Application or through cookies, this may include the date and time you visit the website/application; the web address, or URL, you are on; technical information about the IP address, browser and the operation system you use; and, if you logged into FitnyTech, your user ID.
1.2 INFORMATION WE GET FROM OTHERS. We may receive information about you from other sources and such information may be added to our Website/Application from time to time. Such information may include your behavior towards various content posted on our Website/Application from other sources.
1.3 INFORMATION AUTOMATICALLY COLLECTED. We automatically log information about you and your computer. For example, when visiting our Website/Application, we log Internet protocol (IP) address, and information about your use of and actions on our Website/Application.
1.5 WEB BEACONS. We may log information using digital images called Web beacons on our Website/Application or in our emails. We use Web beacons to manage cookies, count visits, and to learn what marketing works and what does not. We also use Web Beacons to tell if you open or act on our emails.
2. USE OF PERSONAL INFORMATION
2.1 We use the information we receive about you in connection with the Service we provide to you and such personal information is used as follows:
2.1.1 By granting us the permission/consent as of date, you allow us to provide you with informative features and services we develop in future that use the information we receive about you in new ways.
2.1.2 We may use the information received to contact you by way of telephone to provide you with updates of your activity or progress on the App and of new informative features and services that are developed by us from time to time
2.1.3 We store the data for as long as it is necessary to provide products and services to you and others, including those described above, typically, information associated with your account will be kept until your account is deleted.
2.1.4 Usage by Children
We don’t knowingly collect, maintain or sell products or Services to people under age 18 or use personal information from our Website/Application about children under age 18. Children should seek the consent of their parents before providing any information about themselves or their parents and other family members online.
3. SHARING OF PERSONAL INFORMATION
3.1 We will not share your personal information with third parties, unless it is pursuant to obtaining your consent. However, notwithstanding the foregoing, we may share personal information as follows:
• We may share personal information when we do a business deal, or negotiate a business deal, involving the sale or transfer of all or a part of our business or assets. These deals can include any merger, financing, acquisition, or bankruptcy transaction or proceeding.
• We may share personal information for legal, protection, and safety purposes.
• We may share information to comply with laws.
• We may share information to respond to lawful requests and legal processes.
• We may share information in an emergency. This includes protecting the safety of our employees and agents, our customers, or any person.
• We may share information with those who need it to do work for us.
• We may also share aggregated and/or anonymized data with others for their own uses.
3.2 We may also share your information with our qualified specialists to improve your user experience of the service.
3.3 We may make some content, products and services available through the Website through co-operative relationships with third party providers. We may share with such partner any information that you provide, or that is collected, in the course of visiting any pages that are made available in co-operation with our partner.
3.5 The information provided by you may be shared by us with any third party for record keeping purposes, internal procedures or for any other purposes and by using this Website/Application you expressly consent to such sharing of the information.
4. INFORMATION CHOICES AND CHANGES
4.1 Our marketing emails tell you how to “opt-out.” If you opt out, we may still send you non-marketing emails. Non-marketing emails include emails about your accounts and our business dealings with you.
4.2 You may send requests about personal information to our Contact Information below. You can request to change contact choices, opt-out of our sharing with others, and update your personal information.
4.3 You can typically remove and reject cookies from our Website with your browser settings. Many browsers are set to accept cookies until you change your settings. If you remove or reject our cookies, it could affect how our Site works for you.
5. SECURITY OF YOUR PERSONAL INFORMATION.
5.1 We take steps to help protect personal information, however you acknowledge that no company can fully prevent security risks.
5.2 The information provided by you is stored in access controlled facilities with restricted access. The information that is provided by you that transmitted over the internet is protected through the use of encryption, using the Secure Socket Layer (SSL) or equivalent protocols.
5.3 We use generally accepted industry standards to protect the information submitted to the Company, both during transmission and upon receipt.
5.4 We do not under any circumstances represent that the Website/Application is free from including but not limited to viruses, spywares, cancel bots, Trojans, time bombs and any such application which may be placed on the Website/Application without our knowledge, however we shall take all the necessary and reasonable steps to ensure that the Website/Application is free from the above mentioned programs.
5.5 Where we have given you (or where you have chosen) a password that enables you to access all or certain parts of our Website//Application, you are responsible for keeping this password confidential. We require you not to share passwords with anyone.
5.6 The collection, usage, and sharing of your information by the Company shall be in compliance with the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 and other applicable laws.
- CONTACT INFORMATION.
DSU, Block A, 2nd Floor, Hosur Road, Bangalore, Karnataka – 560068
Terms and Conditions
WELCOME TO FITNYTECH
This user agreement (“Agreement”) is an agreement between you and FITNYTECH (“FitnyTech” or “we” or “us” as the context requires) governing your use of FitnyTech products, software, services with the characteristics and features as described on www.fitnytech.com (referred to as the “Services”). FitnyTech may have subsidiaries and affiliated legal entities around the world (“Subsidiaries and Affiliates”), providing the Services to you on behalf of FitnyTech. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Services to you under the terms of this Agreement.
FitnyTech has created this Website/ Application to provide Users the Services which includes, guidance on how to improve their fitness and how to integrate fitness into their individual lifestyles. While our workout and nutrition recommendations consider several factors specific to each individual, including anthropometric data, fitness goals, and lifestyle factors, we are not a medical organization, and our recommended workout plans and specific exercises should not be misconstrued as medical advice, prescriptions, or diagnoses.
1.1 Access to the Services is permitted on a temporary basis, and we reserve the right to withdraw or amend the Service (or any features within the Services) we provide on our Website/ Application by notifying the same on our Website/Application from time to time without prior notice to you. We will not be liable if for any reason our Website/ Application or the Services (or any features within the Services) is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Website/ Application, or our entire Website/ Application, to Users who have registered with us.
1.2 FitnyTech grants you permission to use the Service as set forth in this Agreement, provided that: (i) you will not copy, distribute, or disclose any part of the Service in any medium; (ii) you will not alter or modify any part of the Service other than as may be reasonably necessary to use the Service for its intended purpose; and (iii) you will otherwise comply with the terms and conditions of this Agreement.
1.3 In order to access the Services, you will need to register on the Website/ Application and create a “Member” account. Your account gives you access to the Services and functionality that we may establish and maintain from time to time and in our sole discretion.
1.5 You must provide your full legal name, valid email address and any other information requested from you in order to complete the registration process and be entitled to use the Services. The information provided by you may be shared by us with any third party for record keeping purposes, internal procedures or for any other purposes and by using this Website/ Application you expressly consent to such sharing of the information.
1.6 Upon completing the registration process you will be provided with, a user identification code, password or any other piece of information, as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. You also agree to ensure that you exit/log out from your account at the end of each session. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of this Agreement. You will immediately notify FitnyTech of any unauthorized use of your password, by sending details of such unauthorized use to: [firstname.lastname@example.org].
1.7 You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your Internet connection are aware of these terms, and that they comply with them. You are also solely responsible and liable to FitnyTech for all activities that take place or occur under your account. You agree that your ability to log into your account is dependent upon external factors such as internet service providers and internet network ability and we shall not be liable to you for any damages arising from your inability to log into your account.
1.8 FitnyTech reserves the right to refuse access to use the Services offered at the Website/ Application to new users or to terminate access granted to existing users at any time without according any reasons for doing so.
Use of the account is not available to any user who is suspended or prohibited by FitnyTech from using the Website/ Application or Services for any reason whatsoever.
2. Membership/Registration for the Service
2.1 Once you complete registration on the Website/ Application you will be a member which:
2.1.1 allows you to access and post content on the Website/ Application;
2.1.3 allows you to make use of the Services on the Website/ Application subject to these terms and conditions;
2.1.4 does not allow you to use email addresses displayed on the Website/ Application for any purpose other than that specifically authorized by us.
2.2 By providing FitnyTech your email address you consent to:
2.2.1 our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. You may use your settings to opt out of many Service-related communications.
2.2.2 Our using the phone numbers provided by you, to contact you from time to time, in order to provide you updates and advice relating of your progress on the App and the usage of our Services, and relating to any new promotions and sales opportunities on the App.
2.2.3 Our using your email address to send you other messages, including changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out by changing the by sending us an email at: [email@example.com] Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
3. Grant of License
3.1 Subject to these terms and conditions of use, FitnyTech grants you a non-transferable, non-exclusive, non-sublicensable limited right and license for you to access and use the Services solely for the purpose permitted, including but not limited to storing or otherwise using or sharing your documents, files, schedules, minutes or other data.
4. Privacy and Your Personal Information
5. Uploading Material to the Service
5.1 Whenever you make use of the Services (or any feature or part of the Services) that allows you to upload material on the Website/ Application, or to make contact with other users of our Website/ Application, you must comply with applicable data protection rules/laws and the content standards set out below. The content standards apply to each part of a contribution as well as to its whole. Your contribution must be accurate where it states facts, be genuinely held (where it states opinions), comply with the law applicable in any country from which it is posted; and be relevant to your posting or use of the Services.
6. Restrictions on Content
6.1 Your contribution must not:
6.1.1 belong to another person and contain any information that you do not have any right to;
6.1.2 Be defamatory of any person;
6.1.3 Be obscene, offensive, pornographic, hateful, harmful, harassing, defamatory, vulgar, libelous, lewd, blasphemous, lascivious, invasive of another’s privacy , racially, ethnically or otherwise objectionable or inflammatory, disparaging, relating or encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever;
6.1.4 Violate the provisions of the Indian Penal Code, 1861, the Information Technology Act, 2000, Notification G.S.R 313(E) issued by the Ministry of Communications and Information Technology on data privacy or other applicable laws containing offences relating to content that is publicly accessible;
6.1.5 Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
6.1.6 Disclose the name, address, telephone, mobile or fax number, e-mail address or any other personal data in respect of any individual;
6.1.7 Be harmful to minors;
6.1.8 Infringe any intellectual property including copyright, database right or trade mark of any other person;
6.1.9 Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
6.1.10 Be likely to harass, upset, embarrass, alarm or annoy any other person;
6.1.11 Impersonate any person, or misrepresent your identity or affiliation with any person;
6.1.12 Advocate, promote, incite any third party to commit, or assist any unlawful or criminal act;
6.1.13 Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism;
6.1.14 Be such that it is known by you to be false, inaccurate or misleading;
6.1.15 Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
6.1.16 Be content for which you were compensated or granted any consideration by any third party;
6.1.17 Contain any computer viruses, any code, worms or other potentially damaging or limiting the functionality of any computer programs or files.
6.1.18 Threatens the unity, integrity, sovereignty of India, friendly relations with foreign states or public order or causes incitement to the commission of any cognizable offence or is insulting to another nation.
7. Restriction on Use of Services
7.1 You are not permitted to and shall not do any of the following acts, the breach of which shall entitle FitnyTech to terminate your use of the Services, without prejudice to any other rights or remedies we may have against you:
7.1.1 Distribute, sell, supply, modify, adapt, amend, incorporate, merge or otherwise alter the Services and all content provided to you as part of the Service;
7.1.2 Attempt to decompile, reverse engineer or otherwise disassemble any Service or content provided to you as part of the Services or the Website or the Application;
7.1.3 Attempt to copy any software provided to you as part of the Services or the Website or the Application and in particular its source code, or attempt to decrypt any part of such software that is provided to you;
7.1.4 Create any derivative work or version of any software provided by us in relation to or to facilitate your use of the Services or any content provided as part of the Services;
7.1.5 Remove, from the Services or any content provided as part of the Services, any logo, copyright or proprietary notices, legends, symbols, labels, watermarks, signatures or any other like marks affixed to or embedded in the Services;
7.1.6 Use the Services or any part of it to create a false identity, to impersonate any person or organization, or attempt to disguise the origin of any content;
7.1.7 Use any of FitnyTech domain name as a pseudonymous return email address;
7.1.8 Access or use the Website/ Application in any manner that could damage, disable, overburden, or impair any of the Website/ Application’s servers or the networks connected to any of the servers on which the Website/ Application is hosted;
7.1.9 Access or attempt to access any content that you are not authorized to access by any means;
7.1.10 Access the Website/ Application through any other means other than through the interface that is provided by us;
7.1.11 Alter or modify any part of the Service; and
7.1.12 Disrupt or interfere with the security of, or otherwise cause harm to the Website/ Application, materials, system resources, or gain unauthorized access to the user accounts, passwords, servers or networks connected to or accessible through the Website/ Application or any affiliated linked sites.
8. Rights Reserved to FitnyTech
8.1 We have the right to disclose your identity to any third party who validly claims and provides evidence that any material posted or uploaded by you to our Website/ Application constitutes a violation of their intellectual property rights, or of their right to privacy.
8.2 We are not responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Services.
8.4 We have the right to investigate and prosecute violations of any violation of these terms and conditions to the fullest extent of the law and may involve and cooperate with law enforcement authorities in prosecuting users who violate these terms and conditions.
8.5 While we have no obligation to monitor your access to or your use of the Services (or any feature or part of the Services), we have the right to do so for the purpose of operating the Website/ Application and providing the Services, to ensure your compliance with these terms and conditions, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
8.6 Subject to the receipt of a complaint from a user, we have the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all content from any Service. For some of the Services, FitnyTech may (but shall be under no obligation to) provide tools to filter out explicit sexual content.
8.7 We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce these terms and conditions, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of FitnyTech, its users and the public. FitnyTech will not be responsible or liable for the exercise or non-exercise of its rights under these terms and conditions.
8.8 We reserve the right to introduce or change the prices of all Services upon 30 days’ notice from us. Such notice may be provided at any time by posting the changes to the terms and conditions of use or the Service itself.
8.9 FitnyTech shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service
9. Breach of Content Standards
9.1.1 Immediate, temporary or permanent withdrawal of your right to use the Services;
9.1.2 Immediate, temporary or permanent removal of any contribution already posted on the Website/ Application using the Services, upon your failure to cure the breach that is brought to your notice;
9.1.3 Issue of a warning to you;
9.1.4 Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
9.1.5 Further legal action against you; and
9.1.6 Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
9.2 We exclude our liability for all action we may take in response to breaches of these rules. The actions described above are not limited, and we may take any other action we reasonably deem appropriate.
9.3 Upon such termination/suspension of your account, you will no longer be able to access your account, content or data you have stored on the servers. All licenses granted to you by FitnyTech to the Website/ Application or the Services will automatically terminate.
10.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. You agree that you are solely and exclusively responsible for any and all content that you create, transmit or display while using the Services and you are solely and exclusively liable for the consequence of your actions (including any loss or damage which FitnyTech may suffer). FitnyTech exercises no control over the content posted on the Website/ Application using the Services. Your use of the content accessed or displayed using the Services is entirely at your own risk.
10.2 A search using the Services may produce results and links to sites and content that you may find objectionable, inappropriate, or offensive and we accept no liability of responsibility for any such content. It is also possible that your use of the Services will return to you information regarding products, merchants and links to websites of third parties selling the product information requested by you.
10.3 You acknowledge and agree that FitnyTech is not liable for any loss or damage which may be incurred by you as a result of the availability of such external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
10.4 You shall be responsible for monitoring your content, documents and other data an shall be liable to us for ensuring that the content transferred to or handled by or within Services does not infringe any third party rights. You warrant that you possess such necessary licenses as may be required in order to process your content or use the Services.
10.5 You understand that the technical processing and transmission of the Service, including your Content, 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.
11.1 Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. You agree that FitnyTech shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
11.2 The Service may provide, or third parties may provide, links to other web sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
11.3 You agree that your use of the Website/ Application and the Services shall be at your sole risk. You expressly understand and agree that, to the maximum extent permitted by applicable law, the Website/ Application and the Services are provided on an “as is” and “as available” basis for your use, without warranties of any kind, express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising from course of dealing or usage of trade. FitnyTech shall use all reasonable endeavors to ensure that the Services are uninterrupted but it does not guarantee or warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, and (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations. , and (v) any errors in the Service will be corrected.
11.4 If you are older than 35 years of age, or if you have not been physically active for more than 1 year, or if you have any medical history that may put you at risk, including, without limitation, one or more the following conditions, you are required to seek approval from a qualified health care practitioner prior to using the Service:
11.4.1 heart disease,
11.4.2 high blood pressure,
11.4.3 family history of high blood pressure or heart disease,
11.4.4 chest pain caused by previous exercise,
11.4.5 dizziness or loss of consciousness caused by previous exercise,
11.4.6 bone or joint problems,
11.4.7 diabetes, high cholesterol, obesity,
11.5 You should discontinue exercise in cases where it causes pain or severe discomfort, and should consult a medical expert prior to returning to exercise in such cases. We reserve the right to deny you access to the Service for any reason or no reason, including if we determine, in our sole discretion, that you have certain medical conditions.
11.6 The content of the Web Site, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute/substitute professional medical advice, diagnosis, treatment or recommendations of any kind. You should always seek the advice of your qualified heath care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. You agree that you will not under any circumstances disregard any professional medical advice or delay in seeking such advice in reliance on any content provided on or through the Website/ Application. Reliance on any such content is solely at your own risk.
11.7 The content provided on or through this Website/ Application regarding drug or dietary supplements have not been evaluated or approved by any regulatory authority including the Drug Controller of India.
12. Content License From You
12.2 By posting any User Content on the Service, you expressly grant, and you represent and warrant that you have a right to grant, to FitnyTech a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Service and under this Agreement.
12.3 You understand that FitnyTech, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit FitnyTech to take these actions.
12.4 You are solely responsible for your contributions to any online forum FitnyTech may offer through or as part of the Services (“Community Participation”), such as and without limitation, responses to blog postings, bulletin board postings, and other contributions to online discussions. By submitting to Community Participation you: (a) represent to FitnyTech, in each instance, that you either own or have the right to display or transmit each and every element of your Community Participation, and that your submission will not violate the legal rights or interests of any person or entity; and (b) grant to FitnyTech a perpetual, irrevocable, royalty free license to use your Community Participation, in each instance, as a whole or in any part, for any business purpose, including without limitation, promotional, marketing and training purposes.
12.5 You confirm and warrant to FitnyTech that you have all the rights, power and authority necessary to grant the above license.
13. Billing and Payment
13.1 Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to the terms of sale, pricing, payment and billing policies applicable to such fees and charges. FitnyTech may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion.
13.2 It is your responsibility to promptly provide the Company with any contact or billing information changes or updates (including phone number, email address, credit card numbers, etc.). FitnyTech does not validate all credit card information required by the Customer’s payment provider to secure payment.
13.3 The Customer must notify FitnyTech about any billing problems or discrepancies within 30 days after charges first appear on their Account statement. If it is not brought to FitnyTech attention within 30 days, Customer agrees to waive their right to dispute such problems or discrepancies.
14. Indemnity and Limitation of Liability
14.1 You agree to defend, indemnify and hold harmless FitnyTech, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service and Website/ Application; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation, any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defence and indemnification obligation will survive this Agreement and your use of the Service and Website/ Application.
14.2 The material displayed on our Website or Application is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, our Subsidiaries and Affiliates and third parties connected to us hereby expressly exclude:
14.2.1 All conditions, warranties and other terms, which might otherwise be implied by statute, common law or the law of equity.
14.2.2 Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Services, our Website/ Application or in connection with the use, inability to use, or results of the use of the Services or our Website/ Application, any websites linked to it and any materials posted on it, including, without limitation any liability for:
14.2.3 loss of income or revenue;
14.2.4 loss of business;
14.2.5 loss of profits or contracts;
14.2.6 loss of anticipated savings;
14.2.7 loss of data;
14.2.8 loss of goodwill;
14.2.9 wasted management or office time; and
14.2.10 for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
14.3 Our liability to you shall under all circumstances be limited to a maximum of the amount paid by you (if any) at the time of registration on our Website/ Application to use the Services.
15.1 You must not misuse our Website/ Application by knowingly introducing viruses, trojans, worms, logic bombs, time bombs, cancel bots, spyware or other material, computer programming routines, codes, files or such other programs which are malicious or technologically harmful, or limit the interests of rights of other users or limit the functionality of any computer software, hardware or telecommunications. You must not attempt to gain unauthorized access to our Website/ Application, the server on which our Website/ Application is stored or any server, computer or database connected to our site. You must not attack our Website/ Application via a denial-of-service attack or a distributed denial-of service attack.
15.2 By breaching this provision, you would commit a criminal offence under the Information Technology Act, 2000 (and any amendments). We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website/ Application will cease immediately.
15.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website/ Application or to your downloading of any material posted on it, or on any Website/ Application linked to it.
16. Linking to the Website
16.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you.
16.2 Our Website/ Application must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website/application from which you are linking must comply in all respects with the content standards set out in these terms and conditions.
16.3 These linked sites are under no way in control of FitnyTech and we shall not be held responsible for the contents of any linked sites, including without limitation to any link contained in the linked site or any changes or updates to linked site. We shall not be held responsible for any transmission whatsoever received by you from any linked site. The Website/ Application provides links to you only as a convenience and the inclusion of any link does not imply endorsement by us or any association with its operators or owners. You are requested to verify the accuracy of all information on your own before relying on such information.
16.4 If you wish to make any use of material on our Website/ Application other than that set out above, please address your request to: [firstname.lastname@example.org]
17. Additional Terms for Widget, API, and Mobile Application
17.1 You are granted a limited, non-sub licensable right to access the Widget, API, Mobile Application, Desktop Application, the Services and Data for the purpose of enabling you or other users to access the Website or the Application and/or the Services via 3rd party software or website. Any use of the Widget, API, Mobile Application, Desktop Application, including use of the API through a third-party software or website that accesses the Services, is bound by the terms of this agreement plus the following specific terms:
17.2 You agree that you are solely responsible for (and that We have no responsibility to You or to any third party for) any services and/or products You provide through any 3rd party software.
17.3 You expressly understand and agree that We shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if We has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the Widget, API, Mobile Application and Desktop Application,
17.4 You will not use the API to create software that sends unsolicited communications (whether commercial or otherwise) to any third party.
17.5 We reserve the right at any time to modify or discontinue, temporarily or permanently the API (or any part thereof), Widget, Desktop Application and Mobile by providing a notice of 48 (forty eight) hours with or without notice.
17.6 Abuse or excessively frequent requests to the Services via the Widget, API, Desktop Application and Mobile Application may result in the temporary or permanent suspension of your account’s access. We, in our sole discretion, will determine abuse or excessive usage.
17.7 We reserve the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof), Widget, and Mobile by providing a notice of 48 (forty eight) hours.
17.8 We may make available software to access the Service via a mobile device (“Mobile Software”). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Service. FitnyTech does not warrant that the Mobile Software will be compatible with your mobile device. FitnyTech hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one Member account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software. You acknowledge that FitnyTech may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and FitnyTech or its third party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. FitnyTech reserves all rights not expressly granted under this Agreement.
18.1 We have implemented commercially reasonable technical and organizational measures designed to secure your personal information and User Content from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information and User Content for improper purposes. You acknowledge that you provide your personal information at your own risk.
19. Ownership of intellectual property including trademarks/service marks
19.1 FitnyTech.com, FitnyTech, FitnyTech and blog.FitnyTech.com including but not limited to all texts, graphics, user interfaces, visual interfaces, computer code and any other information.
19.2 All right, title, and interest in and to the Services (excluding your Content) are and will remain the exclusive property of KENKORADA FITNESS SERVICES PRIVATE LIMITED and its licensors. Any use of this Website/ Application or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of KENKORADA FITNESS SERVICES PRIVATE LIMITED.
19.4 By accepting the use of terms hereunder you agree that the FitnyTech does not transfer/assign the title to the software to you, and nothing in these terms and conditions shall imply or be deemed or construed to mean that any right, title and interest (including but not limited to intellectual property rights) stands transferred/assigned to you by FitnyTech, we retain the full and complete right, title and interest to the software, and all intellectual property, title and interest to the software, and all intellectual rights therein. You may not redistribute, sell, decompile, reverse engineer, dissemble, or otherwise reduce the software in any manner which is contrary to this Agreement.
19.5 Any usage of FitnyTech contents, without the written authorization of FitnyTech, shall be considered a breach of this Agreement, and you shall be required indemnify FitnyTech for all liability incurred in this regard.
20. Governing law
20.1 The jurisdictional court of Karnataka shall have sole jurisdiction over any claim arising from, or related to, a visit to / use of the Website/ Application or the Services, although we retain the right to bring proceedings against you for breach of any of these terms and conditions in your country of residence, country of use or other relevant country. The laws of India govern this Agreement and these terms and conditions of use of the Services.
20.2 FitnyTech accepts no liability whatsoever, direct or indirect for noncompliance with the laws of any country other than that of India, the mere fact that Website/ Application can be accessed or used or any facility can be availed of in a country other than India will not imply that we accede to the laws of such country.
21. Relationship between the website and legal name
21.1 Please find below the proposed wording, for your confirmation:
FAQ on how customers can protect themselves shopping online.
Question: Is it necessary to have an account to purchase products from FitnyTech?
Question: How do I pay?
FitnyTech offers you multiple payment methods, through trusted payment gateway partners. Our payment gateway partners use secure encryption technology to keep your transaction details confidential at all times.
You may use cash to make your purchase.
FitnyTech also accepts payments made using Visa, MasterCard, Maestro and American Express credit/debit cards in India.
Question: Are there any hidden charges when I make a payment?
There are no hidden charges when you make payments on FitnyTech. The prices listed for all the services are final and all-inclusive. The price you see on the webpage is exactly what you pay.
Question: How do I pay using a credit/debit card?
We accept payments made by credit/debit cards issued in India.
We accept payments made using Visa, Master and American Express credit cards. To pay using your credit card, you will need your card number, expiry date, three-digit CVV number (found on the backside of your card). After entering these details, you will be redirected to the bank’s page for entering the online 3D Secure password.
We accept payments made using Visa, Master and American Express debit cards. To pay using your debit card at checkout, you will need your card number, expiry date (optional for Maestro cards), three-digit CVV number (optional for Maestro cards). You will then be redirected to your bank’s secure page for entering your online password (issued by your bank) to complete the payment.
Question: Is it safe to use my credit/debit card on FitnyTech?
Your online transaction is secure with the highest levels of transaction security currently available on the Internet. FitnyTech uses encryption technology to protect your card information while securely transmitting it to the respective banks for payment processing.
All credit card and debit card payments on FitnyTech are processed through secure and trusted payment gateways managed by leading banks. Banks now use the 3D Secure password service for online transactions, providing an additional layer of security through identity verification.
Question: What steps does FitnyTech take to prevent card fraud?
FitnyTech realizes the importance of a strong fraud detection and resolution capability. We and our online payments partners monitor transactions continuously for suspicious activity and flag potentially fraudulent transactions for manual verification by our team.
In the extremely rare instances when our team is unable to rule out the possibility of fraud categorically, the transaction is kept on hold, and the customer is requested to provide identity documents. The ID documents help us ensure that the payment is being made by a genuine card holder. We apologize for any inconvenience that may be caused to customers and request them to bear with us in the larger interest of ensuring a safe and secure environment for online transactions.
We urge our customers to diligently protect against any fraudulent use of their card. FitnyTech would not be held responsible for any unauthorized usage of your cards.
Question: What is a 3D Secure password?
A 3D Secure password adds an additional layer of security through identity verification for your online credit/debit card transactions. This password, which is created by you, is known only to you and ensures that only you can use your card for online purchases.
Question: Can I use my bank’s Internet Banking feature to make a payment?
Yes. FitnyTech offers you the convenience of using your bank’s Internet Banking service to make a payment towards your order. With this you can directly transfer funds from your bank account, while conducting a highly secure transaction.
We accept payment through Net Banking for the following banks:
AXIS Bank, Airtel Payments Bank, Andhra Bank, Bank of India, Bank of Maharashtra, Canara Bank, Catholic Syrian Bank, Central Bank of India, City Union Bank, Corporation Bank, Cosmos Bank, DCB bank, Dena Bank, Deutsche Bank, Dhanlaxmi Bank, Federal Bank, HDFC bank, ICICI Net Banking, IDBI Bank, IDFC Net banking, Indian Bank, Indian Overseas Bank, Induslnd Bank, Jammu and Kashmir Bank, Janata Sahakari Bank Pune, Karnataka bank, Karur Vysya – Corporate Net banking, Karur Vysa – Retail Net Banking, Kotak Mahindra Bank, Lakshmi Vilas Bank – Corporate Net banking, Lakshmi Vilas Bank – Retail Net banking, Oriental Bank of Commerce, Punjab and Maharashtra Co-operative Bank Limited, Punjab and Sind Bank, Punjab National Bank – Retail Banking, Saraswat Bank, Shamrao Vithal Co-operative Bank Ltd, South Indian Bank, State bank of India, Syndicate Bank, Tamilnad Mercantile Bank, The Bharat Co-op. Bank Ltd, The Nainital Bank, UCO bank, Union Bank – Corporate Net banking, Union Bank – Retail Net Banking, United Bank of India, Vijaya Bank, Yes Bank.
Question: Can I make a credit/debit card or Internet Banking payment on FitnyTech through my mobile?
Yes, you can make credit card payments through the FitnyTech mobile site and application. FitnyTech uses encryption technology to protect your card information while securely transmitting it to the secure and trusted payment gateways managed by leading banks.
Question: My transaction failed but the money was deducted from my account. What do I do?
Please contact us at email@example.com, within 24 hours of such deduction of money from your account, and we will contact our payment partner and refer the matter to them immediately.
END USER LICENCE AGREEMENT
THIS END-USER LICENSE AGREEMENT (“EULA”) IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU AND KENKORADA FITNESS SERVICES PRIVATE LIMITED. (“COMPANY”). BY CLICKING ON THE “I AGREE” BUTTON BELOW AND BY INSTALLING OR OTHERWISE USING THE HEALTHIFYME WEIGHT LOSS COACH APPLICATION (THE “APPLICATION”) ON YOUR CELLULAR MOBILE PHONE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE AGREEMENT OR THE TERMS AND CONDITIONS ON THE CELLULAR MOBILE PHONE / START-UP APPLICATION, THEN DO NOT CLICK “I AGREE” OR INSTALL, COPY AND/OR USE THE APPLICATION.
YOU MUST SCROLL DOWN TO THE END OF THIS EULA BEFORE YOU AGREE TO IT AND CONTINUE WITH THE INSTALLATION.
1.1 Subject to the terms and conditions of this EULA, Company hereby grants you a limited, non-commercial, non-sub-licensable, non-exclusive, non-transferable right to install and use the Application on one portable wireless device. You may not make the Application available over a network where it could be used on multiple devices at the same time.
1.2 The term “Application” includes any patches, revisions, updates, upgrades, software, code, files, images and other embedded software or replacements of the Application (the “Revisions”) that may be delivered to you or that you may receive or that may be released by Company, unless other terms and conditions are provided with the Revisions. If such terms and conditions are provided, you will have to agree to those terms and conditions before you are entitled to receive the Revisions. You also agree that upon the installation of any Revisions, you are only permitted to use the Application as modified by the Revisions. You shall not either directly or indirectly, or through any third party, modify, adapt, translate, redistribute, rent, lend, network, lease, loan, issue, resell, for profit, or create derivate works based on the Application and any portion thereof.
1.3 You acknowledge that by installing the Application on your cellular mobile phone, the Application may aggregate, collect, retain or transmit to secure servers personal information such as, but not limited to, contact information, the serial number and IMEI number of your wireless device or cellular mobile phone. You hereby consent to the Application collecting and storing such information on Company’ servers and to receive calls from us, from time to time regarding updates of your progress from using the Application and promotional information or offers in connection with the Services provided under the Application.
- RESTRICTIONS ON USE
2.1 The following restrictions shall apply to your use of the Application and the license granted herein:
2.1.1 You hereby acknowledge and agree to use the Application as permitted in this Agreement;
2.1.2 You shall not copy or reproduce any portion of the Application;
2.1.3 You shall only use the Application for your own personal, non-commercial use;
2.1.4 You shall not distribute, share, transfer, sell, lease or rent the Application or any part of it to any other person;
2.1.5 You shall not change, alter, modify or create derivative works, enhancements, extensions or add-ons to the Application or any part of it;
2.1.6 You shall not use any electronic communication feature of the Application for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful.
2.1.7 You will not collect or store personal about other users.
2.1.8 You shall not decompile, reverse engineer or disassemble the Application or any part of it either in whole or any portion of any component, thereof and in anyway create, develop or derive, including without limitation to any operational, technical, programming technique/sequence, feature, interface, algorithm, video, audio, imagining, graphics, applets, texts, animations, routine or conditions from the application; and
2.1.9 You will at all times comply with, and will not circumvent or attempt to circumvent, any of the restrictions on use set forth anywhere in this EULA.
3. DATA CHARGES
3.1 You acknowledge that applicable network/data charges may be incurred through your use of the Application and you agree that you are responsible for any and all such charges that may be charged to you and that Company shall have no liability to you whatsoever in respect of such charges. You also agree that the charges incurred through your use of the Application are dependent on your agreement with your service provider and that Company has absolutely no liability to you in respect of such charges. You agree that use of the Application whilst outside your home circle might incur additional roaming charges and agree to be solely liable for such charges. Company has no liability to you in respect of such charges.
- INTELLECTUAL PROPERTY RIGHTS
4.1 The Application may features trademarks, logos, service marks, product names and designations, by making these trademarks available through the Application and in content, the Company is not selling you the Application to use it in any manner, and you are not granted any rights under any of Company’s intellectual property rights.
4.2 This EULA does not grant you any rights to trademarks, copyrights or patents of the Licensor.
4.3 Any unauthorized copying, displaying, selling or distributing or other use of any content or Application is a violation of the law.
5.1 YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ARE INSTALLING AND USING THE APPLICATION AT YOUR OWN RISK. THE APPLICATION AND ALL DATA AND CONTENT PROVIDED THROUGH THE APPLICATION IS PROVIDED “AS IS”, “WITH ALL FAULTS” AND WITHOUT WARRANTY, TERMS OR CONDITIONS OF ANY KIND. THE LICENSOR AND EACH OF ITS LICENSEES, AFFILIATES AND AUTHORIZED REPRESENTATIVES (THE “PARTIES” OR “PARTY’) EXPRESSLY AND SPECIFICALLY DISCLAIM ALL WARRANTIES, TERMS OR CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT AND FITNESS FOR A GENERAL OR PARTICULAR PURPOSE WITH RESPECT TO THE APPLICATION AND CONTENT. THE LICENSOR CANNOT AND DOES NOT WARRANT THAT THE APPLICATION WILL OPERATE WITHOUT INTERRUPTIONS, THAT IT WILL BE FREE FROM VIRUSES AND ERRORS, OR THAT THE APPLICATION WILL NOT INTERFERE WITH THE FUNCTIONING OF OTHER SOFTWARE OR PROGRAMS INSTALLED ON YOUR CELLULAR MOBILE DEVICE AND WILL MEET YOUR REQUIREMENTS. NO ORAL, WRITTEN OR ELECTRONIC INFORMATION OR ADVICE GIVEN BY ANY PARTY SHALL CREATE ANY WARRANTY, TERM OR CONDITION WITH RESPECT TO THE APPLICATION OR OTHERWISE. SHOULD THE APPLICATION PROVE TO BE DEFECTIVE, YOU AGREE TO ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIRS OR CORRECTIONS. SHOULD THE APPLICATION CAUSE YOUR CELLULAR MOBILE DEVICE TO MALFUNCTION OR STOP FUNCTIONING, YOU WILL BE SOLELY AND EXCLUSIVELY RESPONSIBLE AND LIABLE FOR THE ENTIRE COST OF RECTIFYING THE DEVICE. COMPANY ASSUMES NO RESPONSIBILITY OR LIABILITY TO YOU IN THIS REGARD.
5.2 THE APPLICATION MAY BE SUBJECT TO BREACHES OF SECURITY AND THE COMPANY SHALL NOT BE HELD RESPONSIBLE FOR ANY RESULTING DAMAGE TO ANY USER’S DEVICE FROM ANY SUCH BREACH INCLUDING BUT NOT LIMITED TO ANY VIRUS, BUGS, TAMPERING, UNAUTHORIZED, INTERVENTION, OMISSION, DELETION, DEFECT.
5.3 COMPANY IS UNDER NO LIABILITY OR RESPONSIBILITY OR OBLIGATION TO PROVIDE YOU WITH TECHNICAL SUPPORT FOR THE APPLICATION AND PROVIDES NO ASSURANCE THAT ANY SPECIFIC ERRORS OR DISCREPANCIES WILL BE CORRECTED.
5.4 COMPANY IS NOT LIABLE FOR ANY NETWORK FAULTS OR DOWNTIME IN NETWORK SERVICES. YOU AGREE AND ACKNOWLEDGE THAT RELAY OF TEXT MESSAGES IS NETWORK DEPENDANT AND COMPANY IS NOT RESPONSIBLE FOR ANY MESSAGES FAILING TO REACH THEIR INTENDED RECIPIENTS.
5.5 THE APPLICATION USES THE READ ONLY MEMORY (ROM) OF YOUR CELLULAR MOBILE PHONE TO FUNCTION EFFICIENTLY AND EFFECTIVELY. YOU AGREE AND ACKNOWLEDGE THAT THE APPLICATION MIGHT AUTOMATICALLY HIBERNATE OR GO INTO STAND BY MODE IS THE ROM ON YOUR CELLULAR MOBILE PHONE IS INSUFFICIENT TO RUN THE OEM APPLICATIONS AND FUNCTIONS. COMPANY IS NOT RESPONSIBLE FOR THE APPLICATION HIBERNATING AND YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE TO KEEP YOUR CELLULAR MOBILE PHONE OPTIMIZED.
5.6 IT IS POSSIBLE THAT THE APPLICATION MAY GET LOCKED OR STOP WORKING IF THE DATA ON YOUR CELLULAR MOBILE PHONE CAUSES YOUR PHONE TO CRASH OR REQUIRES THE OPERATING SOFTWARE TO BE REINSTALLED. COMPANY IS NOT LIABLE OR RESPONSIBLE TO YOU IN ANY MANNER WHATSOEVER FOR SUCH AN OCCURRENCE.
- LIMITATION OF LIABILITY
6.1 YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCE WILL THE COMPANY, ITS AGENTS, LICENSORS OR SUPPLIERS BE LIABLE TO YOU ON ACCOUNT FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE YOUR MISUSE OF THE SOFTWARE. THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES INCLUDING BUT NOT LIMITED TO DAMAGES OF PERSONAL INJURY, EITHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE, ARISING OUT OF THE BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, TERM OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY MISREPRESENTATION, FAILURE OF ANY REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE OR ANY OTHER LEGAL THEORY ARISING OUT OF, OR RELATED TO, THIS AGREEMENT OR YOUR USE OF THE APPLICATION (SUCH DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, LOSS OF PROFITS, BUSINESS INTERRUPTION, SAVINGS, LOSS OF PRIVACY OR ANY OTHER PECUNIARY LOSS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF USE OF THE APPLICATION OR THE CELLULAR MOBILE DEVICE OR ANY ASSOCIATED EQUIPMENT OR DOCUMENTS), EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE ENTIRE LIABILITY OF COMPANY SHALL BE LIMITED TO THE AMOUNT PAID BY YOU TO LICENSE THE APPLICATION.
7.1 You shall defend and hold Company harmless from and against any and all liabilities, damages, costs, expenses or losses arising out of your improper or unauthorized use of the Application, your negligent or wrongful acts, your violation of any applicable laws or regulations, and/or your breach of any provision of this EULA.
- EVALUATION TERM & TERMINATION.
8.1 Any license not purchased for the full license fee and any trial version, are provided for a limited duration or for a limited number of calls and for the limited purpose expressly communicated to you in connection with the Application. At the end of the evaluation/trial period, you will cease use of the Application, remove the Application from your cellular mobile device and destroy all copies of the Application. Failure to remove the Application shall be a breach of this EULA.
8.2 You agree that the Application may automatically disable itself at the end of the evaluation/trial period and consent to such disabling feature. You also agree that Company may send you reminders to purchase a permanent license key, whether during or after the evaluation/trial version.
8.3 You agree that any evaluation/trial version is not full-featured and the use of certain features of the Application may be disabled or limited in any manner deemed appropriate. You may activate all features of the Application by purchasing a license key as communicated to you.
8.4 Without prejudice to any other rights, Company may terminate this EULA if you fail to comply with the terms and conditions of this EULA or for any other reason upon delivery of notice. In such event, you must cease use of the Application and destroy all copies of the Application and all of its component parts and associated documents. You agree that Company may remotely disable the Application in the event of termination under this section.
- ENTIRE AGREEMENT
9.1 This EULA constitutes the entire agreement between you and Company relating to the Application and supersedes all prior or contemporaneous oral or written communications including but not limited to any terms and conditions of purchase, proposals and representations with respect to the Application or any other subject matter covered by this EULA. The headings in this agreement are for convenience and reference only and do not effect the interpretation of this EULA.
10.1 If any provision of this EULA is held to be void, invalid, unenforceable or illegal, by a court of competent jurisdiction then other provisions shall continue in full force and effect. Such invalid or unenforceable provision(s) shall be replaced by (a) valid and enforceable one(s) which achieve(s) to the extent possible the original purpose of the invalid provision(s).
- GOVERNING LAW
11.1 The laws of the republic of India govern this EULA. All disputes are subject to the jurisdiction of the courts in Bangalore and you submit to such jurisdiction.
- REFUND POLICY
12.1 You may cancel your Member Account at any time within 90 days from the date of subscription of the FitnyTech Plan. In the event that you cancel your Member Account or the same is suspended or terminated by FitnyTech within the aforesaid period, we shall refund any license or subscription fees as below.
Refund request in first 30 days – 100% refund of any license or subscription fees
Refund Request in 31-60 days -50% refund of any license or subscription fees
Refund Request in 61-90 days – 25% refund of any license or subscription fees
Please note that the above charges will be adjusted after deducting a processing fee of Rs.750/- for India or $20 for locations outside India (including Taxes and bank charges, if any). The refund shall be processed in the manner/mode which is used to subscribe the FitnyTech Plan within 30 days from the date of cancellation.
- GRIEVANCE OFFICER
13.1 In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
In the event of any complaints or concerns with respect to the website or our services, please contact our Grievance Redressal Officer Mr. Raman Deep Singh at: firstname.lastname@example.org.