Introduction:
TheFitnessClubindia.com (‘Website’) is
an online service owned, operated and managed (‘FitnessClub’ or ‘we’ or
‘us’). In using/accessing the website, you are deemed to have accepted
the terms and conditions of the agreement listed below or as may be
revised from time to time (‘User Agreement’), which is, for an
indefinite period and you understand and agree that you are bound by
such terms till the time you access this Website. If you have any
queries about the terms and conditions of this User Agreement or have
any comments or complaints on or about the Website, please email us at
Help.Fitnessclub@gmail.com. We reserve the right to change the terms and
conditions of this User Agreement from time to time without any
obligation to inform you and it is your responsibility to look through
them as often as possible.
Ownership of rights:
Any use of this Website 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
explicit permission of FitnessClub. All information displayed,
transmitted or carried on the Website is protected by copyright and
other intellectual property laws. Copyrights and other intellectual
property in respect of the some of the content on the Website may be
owned by the third parties. This site is designed, updated and
maintained by FitnessClub or its licensors. You shall not modify,
publish, transmit, transfer, sell, reproduce, create derivative work
from, distribute, repost, perform, display or in any way commercially
exploit any of the content available on the Website.
Accuracy of content and invitation to offer:
We have taken all care and precaution to
try and provide accurate data and information. In the preparation of
the content of this Website, in particular to ensure that prices quoted
are correct at time of publishing and all products have been fairly
described. All prices are displayed inclusive of VAT. Services however
are listed exclusive of service tax as rules for service tax vary with
different services. Packaging may vary from that shown. The weights,
dimensions and capacities given are approximate only. We have made every
effort to display as accurately as possible the colours of our products
that appear on the Website. However, as the actual colours you see will
depend on your monitor, we cannot guarantee that your monitor’s display
of any colour will accurately reflect the colour of the product on
delivery. All products/services and information displayed on the Website
constitute an invitation to offer. Your order for purchase constitutes
your offer which shall be subject to the terms and conditions of this
User Agreement. We reserve the right to accept or reject your offer in
part or in full. Our acceptance of your order will take place upon
dispatch of the product(s) ordered. Dispatch of all the product(s)
ordered, may or may not happen at the same time, in such a scenario that
portion of the order which has been dispatched will be deemed to have
been accepted by us and the balance would continue to be on offer to us
and we reserve the right to accept or reject such balance order. No act
or omission of FitnessClub prior to the actual dispatch of the product
(s) ordered will constitute acceptance of your offer. If you have
supplied us with your email address or phone number, we will notify you
by email and/or phone number, as the case may be, as soon as possible to
confirm receipt of your order and email/contact you again to confirm
dispatch and therefore acceptance of the order.
General Terms of Use:
- Being eligible to use and by using the website/ transacting on the Mobile App or through any other mode of communication/ by making any purchase during the aforesaid tenure, User hereby agree to be bound by this Terms of Use;
- User is hereby authorised to use the website for lawful purpose and for the purposes as mentioned under the policies of the FitnessClub and Google only, any violation to the policy will lead to strict legal action against the User in terms of the policies and applicable laws;
- FitnessClub strives to provide best prices possible on products and services to users buying or availing from the Website. However, FitnessClub does not guarantee that the price will be the lowest in the city, region or geography. Prices and availability are subject to change without notice or any consequential liability on the FitnessClub;
- FitnessClub has a network of vendors and reserves the right to pass on the orders to any of the vendor for fulfillment.
- The prices displayed for each item under the promotion will be for the respective days of promotion only and will not be applicable on any date prior to or after the date of promotion;
- All offers on Products shall be for limited stocks and are for limited period(s). FitnessClub may at its sole discretion modify, extend, update or withdraw the offers on products without prior notice to the Users. In such events, the revisions, as the case may be, will be updated on the website accordingly;
- A promo code, once used shall not be refunded in case of cancellation of order either by Customer or FitnessClub;
- We don’t run the promotions that prompt users to initiate a purchase, download, or other commitment without first providing all relevant information and without obtaining the user’s explicit consent promotions that represent our services in a way that is not accurate, realistic, and truthful;
- All products sold on TheFitnessClubindia.com through our sellers are genuine. All sellers listing their products on TheFitnessClubindia.com are required to enter an agreement to list and sell only genuine products. And sellers determine the prices of the products they sell. We guarantee the condition of the item you buy when you purchase from sellers on TheFitnessClubindia.com. However this guarantee is not applicable for manufacturing defects.
- In case of Cash back offers extended by banks during the aforesaid period, user will, in addition to this Terms of Use Policy, be governed by the Terms and Conditions of the said bank/card issuer;
- FitnessClub may, at any time due to various reasons, including but not limited to technical errors, unavailability of stocks or for any other reasons whatsoever, cancel the orders placed by Users. FitnessClub’s decision of cancellation of order shall be final and FitnessClub shall not be liable for such cancellation(s) whatsoever;
- Expected delivery time as mentioned on website may vary than the usual time of delivery;
- FitnessClub strives to provide accurate products, services and pricing information, typographical and other errors may occur. In the event that a product or service is listed at an incorrect price or with incorrect information due to an error in pricing or product or service information, FitnessClub may, at its discretion, either contact User for instructions or cancel the User’s order and will notify the User about such cancellation;
- FitnessClub shall have right to modify the price of a product or service any time, except third party products, without any prior information.
- Cancellation by FitnessClub: There may be certain orders that FitnessClub is unable to accept and must cancel. FitnessClub reserves the right, at its sole discretion, to refuse or cancel any order for any reason whatsoever, without assigning any reason to the User, User accept and undertake that the same is acceptable and he/ she/ it will not contest/ raise any dispute on the same. The situations that may result in cancellation of User’s order includes, without limitation, nonavailability of the product or quantities ordered by User, non- availability of the service, inaccuracies or errors in pricing information, or problems identified by FitnessClub’s credit and fraud avoidance department;
- FitnessClub may also require additional verifications or information before accepting any order. FitnessClub will contact the User if all or any portion of User’s order is cancelled or if additional information is required to accept the User’s order. If the order is cancelled after credit card has been charged, the said amount will be reversed back in User’s credit card account;
- Cancellation by the User: In case of requests for order cancellations, FitnessClub, at its sole discretion, reserves the right to accept or reject requests for order cancellations for any reason whatsoever, without assigning any reason to the User. As part of usual business practice, if FitnessClub receives a cancellation notice and the order has not been processed/ approved by FitnessClub, FitnessClub shall cancel the order and refund the entire amount to User within a reasonable period of time;
- FitnessClub will not be able to cancel orders that have already been processed, it is pertinent to note that the FitnessClub has the full right to decide whether an order has been processed or not. User hereby agree and undertakes that the decision taken by the FitnessClub is acceptable to User and User shall not create any dispute on the decision taken by FitnessClub on cancellation;
- FitnessClub reserves the right to cancel any orders that classify as
‘Bulk Order’ as determined by FitnessClub as per certain criteria.
FitnessClub Reward Point or Promo Code used for placing the ‘Bulk Order’
will not be refunded as per this cancellation policy. An order can be
classified as ‘Bulk Order’ if it meets with the below mentioned
criteria, which may not be exhaustive, viz:
- Products ordered are not for self-consumption but for commercial resale;
- Multiple orders placed for same product at the same address;
- Bulk quantity of the same product ordered;
- Invalid address given in order details;
- Any malpractice used to place the order.
- FitnessClub Reserve the right, at its sole discretion, to change, modify, add or remove portions of this document, at any time without any prior written notice to user;
- Limitation of Liability: Under no circumstances FitnessClub’s liability shall exceed giving the User a replacement of the same product/ alternate product of the same value;
- These terms and conditions are subject to Indian laws and any dispute shall be subject to jurisdiction of the courts in New Delhi (India) only.
Usage Restrictions:
You shall not use the Website for any of the following purposes:
- Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
- Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
- Gaining unauthorised access to other computer / network systems.
- Interfering with any other person’s use or enjoyment of the Website.
- Breaching any applicable laws.
- Interfering or disrupting networks or websites connected to the Website.
- Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
You are not permitted to host, display, upload, modify, publish, transmit, update or share any information on the Website that
- belongs to another person and to which you do not have any right to;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonate another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource including the Website;
- 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 cognisable offence or prevents investigation of any offence or is insulting any other nation.
You are also prohibited from:
- violating or attempting to violate the integrity or security of the Website or its content;
- transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of services by us;
- intentionally submitting on the Website any incomplete, false or inaccurate information;
- making any unsolicited communications to other users of the Website;
- using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
- attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
- copying or duplicating in any manner any of the content on the Website or other information available from the Website;
- framing or hotlinking or deeplinking any content on the Website.
Quantity Restrictions:
We reserve the right, at our sole
discretion, to limit the quantity of items purchased per person, per
household or per order. These restrictions may be applicable to orders
placed by the same account, the same credit / debit card, and also to
orders that use the same billing and/or shipping address. We will
provide notification to the customer should such limits be applied. We
also reserve the right, at our sole discretion, to prohibit sales to any
one as we may deem fit.
Pricing Information:
While we strive to provide accurate
product and pricing information, pricing or typographical errors may
occur. We cannot confirm the price of a product until after you order.
In the event that a product is listed at an incorrect price or with
incorrect information due to an error in pricing or product information,
we shall have the right, at our sole discretion, to refuse or cancel
any orders placed for that product, unless the product has already been
dispatched. In the event that an item is mis-priced, we may, at our sole
discretion, either contact you for instructions or cancel your order
and notify you of such cancellation. Unless the product ordered by you
has been dispatched, your offer will not be deemed accepted and we will
have the right to modify the price of the product and contact you for
further instructions using the e-mail address or the contact number
provided by you during the time of registration, or cancel the order and
notify you of such cancellation. In the event we accept your order the
same shall be debited to your credit / debit card account and duly
notified to you by email or the contact number, as the case may be, that
the payment has been processed. The payment may be processed prior to
dispatch of the product that you have ordered. If we have to cancel the
order after we have processed the payment, the said amount will be
reversed back to your credit / debit card account. We strive to provide
you with best value, however prices and availability are subject to
change without notice.
Our promotional offers/discounts are not
sitewide and are limited to selected categories. Coupon codes may not
be applicable on categories like diapers, baby food etc. or such other
product or service as may be determined by us in our sole discretion.
Indemnity:
We disclaim all warranties or
conditions, whether expressed or implied, (including without limitation
implied, warranties or conditions of information and context). We shall
not be liable to any person for any loss or damage which may arise from
the use of any of the information contained in any of the materials on
this Website. This User Agreement and any contractual obligation between
us and you will be governed by the laws of India, subject to the
exclusive jurisdiction of Courts in New Delhi. All disputes will be
subject to arbitration in New Delhi in English by a single arbitrator
appointed by us under the Arbitration and Conciliation Act, 1996. Each
party to arbitration shall bear its own cost.
You agree to defend, indemnify and hold
harmless FitnessClub, its employees, directors, officers, agents and
their successors and assigns from and against any and all claims,
liabilities, damages, losses, costs and expenses, including attorney’s
fees, caused by or arising out of claims based upon your actions or
inactions, which may result in any loss or liability to FitnessClub or
any third party including but not limited to breach of any warranties,
representations or undertakings or in relation to the non-fulfillment of
any of your obligations under this User Agreement or arising out of
your violation of any applicable laws, regulations including but not
limited to intellectual property rights, payment of statutory dues and
taxes, claim of libel, defamation, violation of rights of privacy or
publicity, loss of service by other subscribers and infringement of
intellectual property or other rights. This clause shall survive the
expiry or termination of this User Agreement.
Eligibility to use:
Use of the Website is available only to
persons who can form legally binding contracts under applicable law.
Persons who are “incompetent to contract” within the meaning of the
Indian Contract Act, 1872 including un-discharged insolvents etc. are
not eligible to use the Website. We reserve the right to terminate your
membership and refuse to provide you with access to the Website at our
sole discretion. The Website is not available to persons whose
membership has been suspended or terminated by us for any reason
whatsoever. If you are registering as a business entity, you represent
that you have the authority to bind the entity to this User Agreement.
We make no representation that any products or services referred to in
the materials on this Website are appropriate for use, or available
outside India. Those who choose to access this Website from outside
India are responsible for compliance with local laws if and to the
extent local laws are applicable. We will deliver the products only
within India and will not be liable for any claims relating to any
products ordered from outside India. Some Indian states prohibit direct
sale of merchandise from other states and require special documentation
to effect such a sale without dual taxation, if we receives an order
from such states or to be delivered to such states under such
circumstances we retain the right to accept or reject the order at our
sole discretion. Those who choose to access this Website from Indian
states which restrict such use are responsible for compliance with local
laws if and to the extent local state laws are applicable. We will
deliver the products only within states having open import policy and
will not be liable for any claims relating to any products ordered from
restricted states. Except where additional terms and conditions are
provided which are product specific, these terms and conditions
supersede all previous representations, understandings, or agreements
and shall prevail notwithstanding any variance with any other terms of
any order submitted.
Privacy:
IF YOU DO NOT AGREE, PLEASE DO NOT USE OR ACCESS THE WEBSITE.
All the information provided to us by
you, including sensitive personal information, is voluntary. You have
the right to withdraw your consent at any time, in accordance with the
terms of this User Agreement, but please note that withdrawal of consent
will not be retroactive.
You can access, modify, correct and
eliminate the data about you which has been collected pursuant to your
decision to become a user of the Website. If you update any information
relating to you, we may keep a copy of the information which you
originally provided to us in its archives.
Due to the communications standards on
the Internet, when you visit the Website, we automatically receive the
URL of the site from which you came and the site to which you are going
when you leave. We also receive the Internet Protocol (IP) address of
your computer (or the proxy server you used to access the World Wide
Web), your computer operating system and type of web browser you are
using, email patterns, as well as the name of your internet service
provider (ISP). This information is used to analyze overall trends to
help us improve our service.
The Website uses temporary cookies to
store certain data (that is not sensitive personal data or information)
that is used by us and our service providers for the technical
administration of the Website, research and development, and for
administration. In the course of serving advertisements or optimizing
services to you, we may allow authorized third parties to place or
recognize a unique cookie on your browser. We do not store personally
identifiable information in the cookies.
We may keep records of telephone calls
received and made for making inquiries, orders or other purposes for the
purpose of administration of services, research and development,
quality management services and for proper administration.
We allow other companies, to serve
advertisements to you. These companies include third party ad servers,
ad agencies, ad technology vendors and research firms. We may “target”
some ads to you that fit a certain general profile. We do NOT use
personally identifiable information to target ads.
We assume no responsibility, and shall
not be liable for, any damages to, or viruses that may infect your
equipment on account of you access to, use of, or browsing the Website
or the downloading of any material, data, text, images, video content,
or audio content from the Website. If you are dissatisfied with the
Website, your sole remedy is to discontinue using the Website.
This privacy policy applies to websites
and services that are operated and managed by us. We do not exercise
control over the sites displayed as search results or links from within
its services. These other sites may place their own cookies or other
files on your computer, collect data or solicit personal information
from you, for which we are not responsible or liable. Accordingly, we do
not make any representations concerning the privacy practices or
policies of such third parties or terms of use of such websites, nor do
we guarantee the accuracy, integrity, or quality of the information,
data, text, software, sound, photographs, graphics, videos, messages or
other materials available on such websites. The inclusion or exclusion
does not imply any endorsement by us of the website, the website’s
provider, or the information on the website. We encourage you to read
the privacy policies of that website.
The Website may enable you to
communicate with other users or to post information to be accessed by
others, whereupon other users may collect such data. We hereby expressly
disclaim any liability for any misuse of such information that is made
available by visitors in such a manner.
We value the privacy of information
pertaining to our associates. The linkage between your IP address and
your personally identifiable information is not shared with
third-parties without your permission or except when required by law.
Notwithstanding the above, we may share some of the aggregate findings
and details with advertisers, sponsors, investors, strategic partners,
and others in order to help grow our business without obtaining any
approval from you. We will enable you to communicate your privacy
concerns to us and that we will respond to them appropriately. We do not
disclose any personal information to advertisers and for other
marketing and promotional purposes that could be used to personally
identify you, such as your password, credit card number and bank account
number.
Refusal of service:
We reserve the right to refuse service
to anyone at any time. We reserve the right, in our sole discretion, to
suspend or cancel the service at any time if a computer virus, bug, or
other technical problem corrupts the security, or proper administration
of the service.
Promotional Communications
“We may also send you other information
about us, the Site, our other websites, our products, sales promotions,
our newsletters, SMS updates, anything relating to other companies in
our group or our business partners. If you would prefer not to receive
any of this additional information as detailed in this paragraph (or any
part of it) please click the “unsubscribe” link in any email that we
send to you or register as a Do Not Disturb user. Within 7 working days
(days which are neither (i) a Saturday or Sunday, nor (ii) a public
holiday anywhere in India) of receipt of your instruction we will cease
to send you information as requested. In case of any clarity you can
contact our Customer support service”.
Financial Details:
You agree, understand and confirm that
the credit / debit card details or other financial details provided by
you for availing of services on the Website will be correct and accurate
and you shall not use the credit /debit card or financial facility
which is not lawfully owned / obtained by you. You also understand that
any financial information submitted by you is directly received by our
acquiring bank and not taken by us. We will not be liable for any credit
/ debit card fraud. The liability for use of a card fraudulently will
be on you and the onus to ‘prove otherwise’ shall be exclusively on you.
We and our associated acquiring bank or financial institutions reserve
the right to recover the cost of goods, collection charges and lawyers
fees from persons using the Website fraudulently. We and our associated
acquiring banks or financial institutions reserve the right to initiate
legal proceedings against such persons for fraudulent use of the Website
and any other unlawful acts or acts or omissions in breach of these
terms and conditions in accordance with applicable laws.
Communication:
When you visit the Website or send
emails to us, you are communicating with us electronically. You consent
to receive communications from us electronically. We will communicate
with you by email or by posting notices on the Website. You agree that
all agreements, notices, disclosures and other communications that we
provide to you electronically satisfy any legal requirement that such
communications be in writing. When you submit your phone number along
with your shipping address or to request our call back, you consent to
receive calls on that number for communication related to your
order/request and other site related communication.
Website feedback, user comments and user generated content:
All reviews, comments, feedback,
postcards, suggestions, ideas, and other submissions disclosed,
submitted to us on or by this Website or otherwise disclosed, submitted
or offered in connection with your use of this Website (collectively,
the “Comments”) shall be and remain our property. Such disclosure,
submission or offer of any Comments shall constitute an assignment to us
of all worldwide rights, titles and interests in all copyrights and
other intellectual properties in the Comments. Thus, we own exclusively
all such rights, titles and interests and shall not be limited in any
way in its use, commercial or otherwise, of any Comments. We will be
entitled to use, reproduce, disclose, modify, adapt, create derivative
works from, publish, display and distribute any Comments you submit for
any purpose whatsoever, without restriction and without compensating you
in any way. We are and shall be under no obligation (1) to maintain any
Comments in confidence; (2) to pay you any compensation for any
Comments; or (3) to respond to any Comments. You agree that any Comments
submitted by you to the Website will not violate this policy or any
right of any third party, including copyright, trademark, privacy or
other personal or proprietary right(s), and will not cause injury to any
person or entity. You further agree that no Comments submitted by you
to the Website will be or contain libelous or otherwise unlawful,
threatening, abusive or obscene material, or contain software viruses,
political campaigning, commercial solicitation, chain letters, mass
mailings or any form of ‘spam’. We do not regularly review posted
Comments, but do reserve the right (but not the obligation) to monitor
and edit or remove any Comments submitted on the Website. You grant us
the right to use the name that you submit in connection with any
Comments. You agree not to use a false email address, impersonate any
person or entity, or otherwise mislead as to the origin of any Comments
you submit. You are and shall remain solely responsible for the content
of any Comments you make and you agree to indemnify us and our
affiliates for all claims resulting from any Comments you submit. We and
our affiliates take no responsibility and assume no liability for any
Comments submitted by you or any third party.
Copyright & Trademark:
We and our suppliers and licensors
expressly reserve all intellectual property rights in all text,
programs, products, processes, technology, content and other materials,
which appear on this Website. Access to this Website does not confer and
shall not be considered as conferring upon anyone any license under any
of our or any third party’s intellectual property rights. All rights,
including copyright, in this Website are owned by or licensed to us .
Any use of this Website 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 our prior permission. You may
not modify, distribute or re-post anything on this Website for any
purpose. The FitnessClub names and logos and all related product and
service names, design marks and slogans are the trademarks or service
marks of FitnessClub or licensed to FitnessClub. All other marks are the
property of their respective companies and you shall not use or exploit
the same in any manner whatsoever. No trademark or service mark license
is granted to you in connection with the materials contained on this
Website. Access to this Website does not authorize anyone to use any
name, logo or mark which appear on the Website in any manner. References
on this Website to any names, marks, products or services of third
parties or hypertext links to third party websites or information are
provided solely as a convenience to you and do not in any way constitute
or imply our endorsement, sponsorship or recommendation of the third
party, information, product or service. We are not responsible for the
content of any third party websites and does not make any
representations regarding the content or accuracy of material on such
websites. If you decide to link to any such third party websites, you do
so entirely at your own risk. All materials, including images, text,
illustrations, designs, icons, photographs, programs, music clips or
downloads, video clips and written and other materials that are part of
this Website (collectively, the “Contents”) are intended solely for
personal, non-commercial use. You may download or copy the Contents and
other downloadable materials displayed on the Website for your personal
use only. No right, title or interest in any downloaded materials or
software is transferred to you as a result of any such downloading or
copying. You may not reproduce (except as noted above), publish,
transmit, distribute, display, modify, create derivative works from,
sell or participate in any sale of or exploit in any way, in whole or in
part, any of the Content, the Website or any related software. All
software used on this Website is the property of FitnessClub or its
suppliers and licensors and protected by Indian and international
copyright laws. The Content and software on this Website may be used
only as a shopping resource. Any other use, including the reproduction,
modification, distribution, transmission, republication, display, or
performance, of the Content on this Website is strictly prohibited.
Unless otherwise noted, all Content are copyrights, trademarks, trade
dress and/or other intellectual property owned, controlled or licensed
by us, our affiliates or by third parties who have licensed their
materials to us and are protected by Indian and international copyright
laws. The compilation (meaning the collection, arrangement, and
assembly) of all Content on this Website is the exclusive property of
FitnessClub and is also protected by Indian and international
copyright.We don’t offer any Counterfeit goods contain a trademark or
logo that is identical to or substantially indistinguishable from the
trademark of another
Objectionable Material:
You understand that by using this
Website or any services provided on the Website, you may encounter
Content that may be deemed by some to be offensive, indecent, or
objectionable, which Content may or may not be identified as such. You
agree to use the Website and any service at your sole risk and that to
the fullest extent permitted under applicable law, we and our affiliates
shall have no liability to you for Content that may be deemed
offensive, indecent, or objectionable to you.
Termination:
This User Agreement is effective unless
and until terminated by either you or us. You may terminate this User
Agreement at any time by informing us in writing through Indian postal
system by registered post, that you no longer wish to be associated with
this Website, provided that you discontinue any further use of this
Website. We may terminate this User Agreement at any time and may do so
immediately without notice, and accordingly deny you access to the
Website. Such termination will be without any liability to FitnessClub.
Upon any termination of the User Agreement by either you or us, you must
promptly destroy all materials downloaded or otherwise obtained from
this Website, as well as all copies of such materials, whether made
under the User Agreement or otherwise. Our right to any Comments shall
survive any termination of this User Agreement. Any such termination of
the User Agreement shall not cancel your obligation to pay for the
product already ordered from the Website or affect any liability that
may have arisen under the User Agreement.
Limitation of Liability and Disclaimers:
The Website is provided without any
warranties or guarantees and in an “As Is” condition. You must bear the
risks associated with the use of the Website. The Website provides
content from other Internet websites or resources and while we try to
ensure that material included on the Website is correct, reputable and
of high quality, we shall not be held liable or responsible if this is
not the case. We will not be responsible for any errors or omissions or
for the results obtained from the use of such information or for any
technical problems you may experience with the Website. This disclaimer
does not apply to any product warranty offered by the manufacturer of
the product as specified in the product specifications. This disclaimer
constitutes an essential part of this User Agreement. To the fullest
extent permitted under applicable law, we or our suppliers shall not be
liable for any indirect, incidental, special, consequential or exemplary
damages, including but not limited to, damages for loss of profits,
goodwill, use, data or other intangible losses arising out of or in
connection with the Website, its services or this User Agreement.
Without prejudice to the generality of the section above, our total
liability to you for all liabilities arising out of this User Agreement
be it in tort or contract is limited to the amount charged to you,
against the value of the products ordered by you. FitnessClub, its
associates and technology partners make no representations or warranties
about the accuracy, reliability, completeness and/or timeliness of any
content, information, software, text, graphics, links or communications
provided on or through the use of the Website or that the operation of
the Website will be error free and/or uninterrupted. We assumes no
liability whatsoever for any monetary or other damage suffered by you on
account of the delay, failure, interruption, or corruption of any data
or other information transmitted in connection with use of the Website;
and/or any interruption or errors in the operation of the Website.
The Images contained in this website is
for general information purposes only. The said images have been sourced
through the various open sources available in general on the world wide
web(w.w.w.). We endeavour to keep the information up to date and
correct, we make no representations or warranties of any kind, express
or implied, about the completeness, accuracy, reliability, suitability
or availability with respect to the images or the information, products,
services, or related graphics contained on the website for any purpose.
Any reliance you place on such information is therefore strictly at
your own risk.
In no event will we be liable for any
loss or damage including without limitation, indirect or consequential
loss or damage, or any loss or damage whatsoever arising from loss of
data or profits arising out of, or in connection with, the use of the
images available on the website.
Through this website you are able to
get/ find the images available through various open source websites,
which are not under the control of HK Connect. We have no control over
the nature, content and availability of those open source sites. The
inclusion of any images/ graphics does not necessarily imply a
recommendation or endorse the views expressed within them.
Every effort is made to keep the
website up and running smoothly. However, HK Connect takes no
responsibility for, and will not be liable for, the website being
temporarily unavailable due to technical issues beyond our control.
Website Security:
You are prohibited from violating or attempting to violate the security of the Website, including, without limitation:
- Accessing data not intended for you or logging onto a server or an account which you are not authorized to access;
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- Attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, ‘flooding,’ ‘spamming’, ‘mail bombing’ or ‘crashing;
- Sending unsolicited email, including promotions and/or advertising of products or services; or
- Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Website other than the search engine and search agents available from FitnessClub on this Website and other than generally available third party web browsers (e.g., Google Chrome, Firefox, Microsoft Internet Explorer).
- “We have in place appropriate technical and security measures to prevent unauthorized or unlawful access to or accidental loss of or destruction or damage to your information. When we collect data through the Site, we collect your personal details on a secured server through firewalls. The Company does not access, store or keep debit card data or credit card data and or any financial information. All transactions done using Secure Server Software (SSL) for 128 bit encryption through third party gateways and FitnessClub plays no role in the transaction, except for directing the customers to gateways or relevant webpage(s). Accordingly, FitnessClub shall not be responsible or liable for any loss or damage due to any disclosure whatsoever of Personal Information while using the third party gateways and or website. FitnessClub shall not be liable for any loss or damage sustained by reason of any disclosure (inadvertent or otherwise) of any Personal Information concerning the User’s account and / or information relating to or regarding online transactions using credit cards / debit cards /cash cards/net banking and / or their verification process and particulars nor for any error, omission or inaccuracy with respect to any information so disclosed and used. We maintain physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of your information. To protect your privacy and security, we will verify your identity before granting access or making changes to your Personal Information. If you have registered your profile on the Website, your ID and Password are required in order to access your Account. You are responsible for protecting against unauthorized access to your password and to your computer.”
Entire Agreement:
If any part of this User Agreement is
determined to be invalid or unenforceable pursuant to applicable law
including, but not limited to, the warranty disclaimers and liability
limitations set forth above, then the invalid or unenforceable provision
will be deemed to be superseded by a valid, enforceable provision that
most closely matches the intent of the original provision and the
remainder of the User Agreement shall continue in effect. Unless
otherwise specified herein, this User Agreement constitutes the entire
agreement between you and us with respect to the Websites/services and
it supersedes all prior or contemporaneous communications and proposals,
whether electronic, oral or written, between you and us with respect to
the Websites/services. Our failure to act with respect to a breach by
you or others does not waive its right to act with respect to subsequent
or similar breaches.
Contact Information:
If any User has any grievance, comment,
question or suggestion regarding any of our Product/Services, please
contact our Grievance Officer , who will redress the grievances of the
Users expeditiously but within one month from the date of receipt of
grievance, and who can be reached by:
Sending an email to Help.FitnessClub@gmail.com
HEALTH RELATED INFORMATION:
Health Related Information. The
information contained in the Web Site is provided for informational
purposes only and is not meant to substitute for the advice provided by
your doctor or other health care professional. You should not use the
information available on or through the Web Site (including, but not
limited to, information that may be provided on the Web Site by
healthcare or nutrition professionals employed by or contracting with
FitnessClub) for diagnosing or treating a health problem or disease, or
prescribing any medication. Information and statements regarding dietary
supplements have not been evaluated by the Food and Drug Administration
and are not intended to diagnose, treat, cure, or prevent any disease.
You should read carefully all product packaging prior to use. The
results from the products will vary from person to person. No individual
result should be seen as typical.
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