1. THE TERMS
3.1. The Company offers a platform that facilitates sale and purchase of merchandise and services (“Services”) by various third party vendors/service providers (“Vendors”) to users. The purchase of products and services shall be governed by the Terms of Offer For Sale ("Terms of Offer For Sale").
4. ELIGIBILITY TO USE
4.1. Services are not available to minors. In
5. USER ACCOUNT, PASSWORD, AND SECURITY
6. PRICING INFORMATION
6.1. FitnessOne strives to cause Vendors to make available products and services at the best possible prices and terms. The pricing details for purchase of products and services are detailed under the Terms of Offer For Sale.6.2. You agree to provide correct and accurate credit / debit card details to the approved payment gateway for availing Services. You shall not use the credit / debit card which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit / debit card. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of Your credit / debit card details. FitnessOne expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit / debit card.6.3. FitnessOne shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decof authorization for any transaction for any reason whatsoever.
7. USER OBLIGATIONS
8. USE OF MATERIALS
8.1. Except as expressly indicated to the contrary herein or in any applicable Additional Terms, FitnessOne hereby grants You a non-exclusive, freely revocable (upon notice from FitnessOne), non-transferable access to view, download and print product catalogues or any other materials available on the Website, subject to the following conditions:You may access and use the materials solely for personal, informational, and internal purposes, in accordance with the Terms;You may not modify or alter product catalogues or any other materials available on the Website; andYou may not remove any text, copyright or other proprietary notices contained in the product catalogues or any other materials available on the Website.8.2. The rights granted to You as specified above are not applicable to the design, layout or look and feel of the Website. Such elements of the Website are protected by intellectual property rights and may not be copied or imitated in whole or in part. The product catalogues or any other materials available on the Website may be copied or retransmitted unless expressly prohibited by FitnessOne.8.3. Any software that is available on the Website is the property of FitnessOne or its vendors. You may not use, download or install any software available at the Website, unless otherwise expressly permitted by FitnessOne.
9. USAGE CONDUCT
9.1. You shall solely be responsible for maintaining the necessary computer equipments and Internet connections that may be required to access, use and transact on the Website.9.2. You shall use this Website for reasonable and lawful purposes only, and shall not indulge in any activity that is not envisaged through the Website.9.3. FitnessOne shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decof authorization for any transaction for any reason whatsoever.
10. INTELLECTUAL PROPERTY RIGHTS
10.1. The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the "Content") on the Website is owned and controlled by FitnessOne and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.10.2. The trademarks, logos and service marks displayed on the Website ("Marks") are the property of FitnessOne or other third parties. You are not permitted to use the Marks without the prior consent of FitnessOne or the third party that owns the Marks.10.3. FitnessOne owns all intellectual property rights to the trademark "FitnessOne" and variants thereof, and the domain name, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.10.4. Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from FitnessOne or thirty party owner of such Content.10.5. The Website makes available general third party information such as, product catalogues, lists of authorized dealers, reports on news, entertainment, technology and features, advertisements including videos, images and photographs of the products and other data from external sources ("Third Party Content"). Similar Third Party Content would also be available to You on the email received by You from FitnessOne. The provision of Third Party Content is for general informational purposes only. You acknowledge that the Third Party Content provided to You is obtained from sources believed to be reliable. FitnessOne does not provide any guarantee with respect to any the Third Party Content and FitnessOne shall not be held liable for any loss suffered by You due to Your reliance on or use of such data.
11. DISCLAIMER OF WARRANTIES & LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
11.1. You agree to indemnify, defend and hold harmless FitnessOne from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by FitnessOne that arise out of, result from, or may be payable by virtue of, any breach of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Supply Terms or any Additional Terms applicable to the purchase of Products.
11.2. In no event shall FitnessOne, its officers, directors, employees, partners or vendors be liable to You, the Vendor or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not FitnessOne has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your purchase of the products and services herein. Notwithstanding anything to contrary, FitnessOne's entire liability to You under this Terms of Offer For Sale or otherwise shall be the refund of the money charged from You, under which the unlikely liability arises.
11.3. FITNESSONE WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION OR ANY SERVICES OR MATERIALS, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. FITNESSONE ENDEAVORS TO ENSURE THAT ALL THE INFORMATION ON THE WEBSITE IS CORRECT, BUT FITNESSONE DOES NOT PROVIDE ANY WARRANTIES RELATING TO THE QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA, INFORMATION, PRODUCT OR SERVICE. FITNESSONE SHALL NOT BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED FUNCTIONALITIES, THE PROVISION OF OR FAILURE TO PROVIDE FUNCTIONALITIES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, FUNCTIONALITIES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FURTHER, FITNESSONE SHALL NOT BE RESPONSIBLE FOR NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. FITNESSONE IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO ANY INVALIDITY OF ANY KIND. FITNESSONE ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU BY ITSELF OR ON BEHALF OF THIRD PARTIES.
11.4. FITNESSONE SHALL NOT BE LIABLE FOR ANY THIRD PARTY PRODUCT OR SERVICES. THE ADVERTISEMENTS AVAILABLE ON E-MAIL OR WEBSITE WITH RESPECT TO ANY THIRD PARTY WEBSITE OR THE PRODUCTS AND SERVICES ARE FOR INFORMATION PURPOSE ONLY.
11.5. NOTWITHSTANDING ANYTHING TO CONTRARY, FITNESSONE'S ENTIRE LIABILITY TO YOU SHALL BE THE REFUND OF THE MONEY CHARGED TO YOU FOR ANY PRODUCT OR SERVICE, IN RELATION TO WHICH UNLIKELY LIABILITY ARISES.
11.6. IN NO EVENT SHALL FITNESSONE, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU FOR ANY (1) SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE AND WHETHER OR NOT FITNESSONE HAS BEEN ADVISED OF THE POSSIBILITY OF THE SAME, (2) BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR (3) ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE WEBSITE, SERVICES OR MATERIALS.
11.7. THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
12.1. FitnessOne may, in its sole discretion and without prior notice, terminate Your access to the Website if FitnessOne determines that You have violated the Terms or Additional Terms or any other duty owed to FitnessOne. Any violation by You of the Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to FitnessOne, for which monetary damages is likely to be inadequate, and You consent to FitnessOne obtaining any injunctive or equitable relief that FitnessOne deems necessary or appropriate. These remedies are in addition to any other remedies FitnessOne may have at law or in equity.
12.2. You agree to indemnify, defend and hold harmless FitnessOne, its affiliate vendors, agents, shareholders, directors and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by FitnessOne that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You. Further, You agree to hold FitnessOne harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website, any claim that Your material caused damage to a third party, Your violation of the Terms, or Your violation of the rights of any another person. FitnessOne will also be entitled to recover from You, and You agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to FitnessOne.
13.1. The Terms will continue to apply until terminated by either You or FitnessOne as set forth below. If You want to terminate Your agreement with FitnessOne, You may do so by (i) not accessing the Website; or (ii) closing Your accounts (if any).13.2. FitnessOne may at its discretion and at any time with or without notice terminate or suspend the Terms without cause or with cause if:
13.2.3. The provision of the Services to You by FitnessOne is, in FitnessOne's opinion, no longer commercially viable;13.2.4. FitnessOne has elected to discontinue, with or without reason, access to the Website, the Services (or any part thereof) either in general or specifically to You;or13.2.5. For technical or any other reason, Termination or suspension may include: (i) removal of access to all or portion of the offerings on the Website or with respect to the Services or any portion thereof; (ii) deletion of Your materials and / or Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with You or inside Your Account (or any part thereof); and (iii) barring of further use of the Website or Services. FitnessOne may also delete any content or other materials relating to Your use of the Website.13.3. FitnessOne shall not be liable to You or any third party for any such termination.
13.4. Termination or suspension shall not affect your liability or obligation arising prior to such termination or suspension.
14. GOVERNING LAW
14.1. The Terms and all transactions entered and the relationship between You and FitnessOne and any mutual claims shall be governed in accordance with the laws of
15. REPORT ABUSE
In the event You come across any abuse or violation of the Terms or if You become aware of any objectionable content on the Website, please report to info@Pinkfitness.in.
17. NEWSLETTERS AND COMMUNICATIONS
You hereby expressly agree to receive communications and newsletters from FitnessOne by SMS and e-mails. You can unsubscribe / opt-out from receiving communications and newsletters from FitnessOne at anytime by following the procedure set forth in the Website.
18. GENERAL PROVISIONS
18.1. Notice: All notices from FitnessOne will be served by email to the account designated by you or by general notification on the Website. Any notice to be provided to FitnessOne pursuant to the Terms should be sent to info@Pinkfitness.in.
18.3. Severability: If a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, the same shall not affect the provisions of any other portion of the Terms. In any event, such provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision.
18.4. Waiver: Any failure by FitnessOne to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver of that provision or right.18.5. Feedback and Information. Any feedback You provide to this Website shall be deemed to be non-confidential. FitnessOne shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) FitnessOne is not under any obligation of confidentiality, express or implied, with respect to the feedback; and (iii) You are not entitled to any compensation or reimbursement of any kind from FitnessOne for the feedback under any circumstances.18.6.Exactness Not Guaranteed. Sellers on www.pinkfitness.in try their best to deliver products exactly the way they appear on the site. However, the nature and tendency of natural wood based products is that each piece of furniture is unique in its own way. Pinkfitness.in hereby disclaims any guarantees of exactness of the finish or appearance of the final product ordered by the user over and above generally acceptable standards on the same. The quality of any products, services, information, or other material purchased or obtained by you through the Website may not meet your expectations. In the case of any significant material damage to the Product, the customer must send photographic evidence of the damaged product via email to firstname.lastname@example.org within 7 days of receiving the Product. A representative from Pinkfitness.in will review the evidence, and if it is found valid, Pinkfitness.in will send an email communication to you requesting for a replacement. If the replacement Product is also damaged, and Pinkfitness.in finds the evidence from you valid, then your order will be cancelled and you will be fully refunded via your initial method of payment. In all these cases, arrangements will be made to collect the damaged Product. You agree in this instance, that Pinkfitness.in will make the final judgment on whether a Product has been significantly damaged.