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TERMS AND CONDITIONS

Fitnano Technologies Pvt. Ltd.(Herein after referred to as ‘Fitnano’) services and products, which are made available on the fitnano.com website and its sub-domains, and any other software or services offered by FITNANO in connection with any one of its products/services, can be availed by any interested party (party shall mean and include all person/s, Fitnano/ies, partnership firms or any other legal entity/ies etc, who are beneficiary/s of the products and services of Fitnano) subject to the acceptance of the terms and conditions mentioned herein below as well as all the rules, regulations and laws in force or modified or amended from time to time and are made applicable to the services and operations of FITNANO. You (“you” or “end user” or “your” or “buyer” or “customer”) are required to read and accept all of the following terms and conditions (“Terms of Use”) and the linked Privacy Policy, before you may use the Website. The term “we”, “us”, “our” shall mean Fitnano.

TERMS AND CONDITIONS OF THE AGREEMENT FURTHER WITNESSED AS BELOW:

a) FITNANO’S Assurance : We assure you that we will make best possible efforts on our part to make our products and service/s as best as we can. However, usage of our services/product/s by you is your sole discretion and we therefore, request you to satisfy yourself fully regarding the suitability of the products/services used by you.

b) Account on the Site and its Security: If you create any account/s on the Website or avail any services available thereon, you will be solely responsible for maintaining the security of the said account as well as all the activities done through the said account. FITNANO will be neither responsible nor liable for any acts of omission/s or commission/s, including any damages of any sort resulting from any of your acts. However, it shall be your responsibility to immediately notify FITNANO of any unauthorized uses of the said account or any other breaches of security.

c) Denial of Access: Without limiting any of the above representations or warranties, FITNANO has all the right/s, in its sole discretion to terminate or deny access to and use of the use of its services to any individual or entity for any reason as per the sole discretion of FITNANO. In case FITNANO initiates any such step, it will not be under any obligation to refund any amount/s previously paid by anyone to FITNANO, in relation with their services, or use of FITNANO facilities.

d) Intellectual Property: By the present agreement, FITNANO has not transferred to you any of its or any third party intellectual property rights nor does it promise to do so.

e) Changes: FITNANO reserves the right, at its sole discretion, to modify or replace any part of this Agreement and the same will also be binding on you. It is your responsibility to check this Agreement periodically for changes. Your continual use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes by you. FITNANO may also, in the future, offer new services and/or features through the Website (including, the release of new products, services, tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement or any modification of terms and conditions, effected by FITNANO at the relevant time and will also be binding on you, in case you avail the same.

f) Termination: FITNANO may terminate your access to all or any part of the Website and its subdomains at any time, with or without cause or notice, effective immediately and you shall have no grievance/s, claim/s etc for the same. However, if you wish to terminate this Agreement or your FITNANO.com account (if you have one), you may simply discontinue using the Website.

g) Disclaimer of Warranties: The Website is provided on “as is” basis. FITNANO and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither FITNANO nor its suppliers and licensors, makes any warranty that the Website, its products or services will be error free or that access thereto will be continuous or uninterrupted.

h) Limitation of Liability: FITNANO or its supplier/s or licensor/s or anyone associated with FITNANO in relation to the services/facilities, provided under this agreement, will not be liable for any claim of any sort from you or anyone claiming through or on your behalf for negligence, strict liability or other legal or equitable reliefs etc, including :-

  • Any special, incidental or consequential damage/s. OR
  • The cost of procurement of substitute product/s or service/s.
  • For interruption of use or loss or corruption of data.
  • For any reason whatsoever.

i) General Representation and Warranty: You represent and warrant that:

  • Your use of the Website will be in strict accordance with the FITNANO Privacy Policy, and other terms & conditions of this Agreement as well as all applicable laws and regulations (including without limitation, any local laws or regulations in your country, state, city, or other governmental area) regarding online conduct and acceptable content and also include all applicable laws regarding the transmission of technical data exported from the country in which you reside.
  • Your use of the Website will not infringe or misappropriate the intellectual property rights of any first, second or third party.

j) Purchases & Refunds: Products purchased at the FITNANO.com website are non-returnable and non-refundable. Services purchased at the Fitnano.com website or through any FITNANO mobile application are non-refundable.

k) Indemnification:You agree to indemnify and hold harmless FITNANO, its contractor/s, and its licensor/s, and its respective director/s, officer/s, employee/employees and agent/s from all claims and expenses, including attorney fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

l) Jurisdiction: For any dispute/s, whatsoever, arising out of or in relation with the present agreement, the courts in New Delhi, India will have jurisdiction for adjudicating and deciding the same.

CANCELLATION

By Fitnano: Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled shall include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or any defect regarding the quality of the product. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. Any type of voucher used in these orders shall be pushed back into the user’s account in case of cancellation by Fitnano.

By the Customer: In case of requests for order cancellations, Fitnano reserves the right to accept or reject requests for order cancellations for any reason. We will not be able to cancel orders that have already been processed. Fitnano has the full right to decide whether an order has been processed or not. The customer agrees not to dispute the decision made by Fitnano and accept Fitnano’s decision regarding the cancellation.

CREDIT CARD DETAILS

You agree, understand and confirm that the credit card details provided by you for availing of services on the Website will be correct and accurate and you shall not use the credit card which is not lawfully owned by you, i.e. in a credit card transaction, you must use your own credit card. You further agree and undertake to provide the correct and valid credit card details to us. Further the said information will not be utilized and shared by Fitnano with any of the third parties unless required for fraud verifications or by law, regulation or court order. Fitnano will not be liable for any credit 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.

DISCLAIMER OF WARRANTY

All content, products, and services on the Website, or obtained from a website to which the Website is linked (a “linked site”) are provided to you “as is” without warranty of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. All warranties, if any, relating to the product would be provided by the manufacturer/supplier of such product and not by Fitnano. Any claim in relation to the same should be raised against respective manufacturer/supplier and not us. In any case whatsoever Website does not endorse and is not responsible for (a) the accuracy or reliability of any opinion, advice or statement made through the Website by any party other than Fitnano, (b) any content provided on linked sites or (c) the capabilities or reliability of any product obtained from the Website or linked site. Other than as required under applicable consumer protection law, under no circumstance will Fitnano be liable for any loss or damage caused by a user’s reliance on information obtained through the Website or a linked site, or user’s reliance on any product obtained from a linked site. It is the responsibility of the user to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the Website, or obtained from a linked site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.

When any Products is purchased by the User pursuant to these Terms of Use in original, unmodified, unused condition, Fitnano will provide such User with a Limited Warranty as defined in the documentation supplied with the Product. SUCH WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, AND FITNANO DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE. FITNANO WILL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO THE USER OR ANY OTHER PARTY FOR COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, LOST DATA, LOST PROFITS OR ANY OTHER SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO OR RESULTING FROM THE SALE OF PRODUCTS OR SERVICES BY FITNANO HEREUNDER, RESALE OR USE BY ANY USER OR ANY OTHER PARTY OF SUCH PRODUCTS, EVEN IF FITNANO HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES. If we are unable to deliver such Products due to implications of any applicable laws, we will return or will give credit for the amount (if any) received in advance by us from the sale of such Product that could not be delivered to You.

RETURN & EXCHANGE POLICY

Products purchased at the FITNANO.com website are non-returnable and non-refundable. Services purchased at the Fitnano.com website or through any FITNANO mobile application are non-refundable. If the product is under warranty and comes under criteria of return within warranty, then the products can be returned.

You acknowledge that these terms of returns and exchange are limited to direct sale by Fitnano to you through the Website and that these terms of returns and exchange are not available in case of a sale by third party and invoice which shall be governed by the terms of such sale. Fitnano may accept returns on products at its sole discretion and provided that the item is declared for return immediately at the time of physical acceptance of the delivery.

Though the Warranty voids and return and refund will not be accepted if the following happens:

  • Physical Damage of the product;
  • Incidental damage due to malfunctioning of product;

Liquid Damage

  • Any consumable item which has been used/installed;
  • Products with tampered or missing serial numbers and/or warranty seal;
  • Any product that is returned without all original packaging and accessories, including the box, manufacturer’s packaging if any, and all other items originally included with the product/s delivered;

Fitnano reserves the right to refuse returns, refunds or exchanges on any item at its discretion. Exchange can be for the entire product or part(s) of the product subject to availability of the same with Fitnano. In case of returns/exchange, Fitnano shall provide credit notes/credit vouchers/cash refund to the users if the requested return/exchange could not be performed. The user shall be provided with a credit notes/credit voucher/cash refund upon the completion of the return/exchange process.

  • All conditions applicable to return of goods shall also apply to exchange of goods. Fitnano is not liable for any damages caused to the Product during transit.
  • Whether the payment was made using a credit/debit card or any form of net banking, the amount is credited back to the same account from which the payment was made. In case payment is made through cheque/demand draft, then Fitnano will issue a cheque as refund.

LIMITATION OF LIABILITY

You expressly understand and agree that Fitnano and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, opportunity, goodwill, use, data or other intangible losses (even if Fitnano has been advised of the possibility of such damages), resulting from use of the Website, sale and supply of Products or any related/unrelated services and other services offered on the Website from time to time.

COMMUNICATION

When you use the Website or send emails to us or call us, you are communicating with Fitnano. You consent to receive communications from Fitnano either electronically or by any other medium. Fitnano will communicate with you by email, SMS or by posting notices on the Website or by calling you. 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.

TRADEMARKS

The trademarks, logos and service marks (“Marks”) displayed on the Website are the property of Fitnano and other respective persons. Users are prohibited from using any Marks for any purpose including, but not limited to use as meta tags on other pages or sites on the World Wide Web without the written permission of Fitnano or such third party which may own the Marks. All information and content including any software programs available on or through the Website (“Content”) is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Website for commercial or public purposes.

The Website contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of Fitnano protected by copyright as a collective work under the applicable copyright laws. Fitnano owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Users may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Users may download / print / save copyrighted material for the User’s personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of Fitnano and the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. The User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Website or a website otherwise owned or operated in conjunction with Fitnano shall not be deemed to be in the public domain but rather the exclusive property of Fitnano, unless such site is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of Fitnano, unless otherwise stated.

BILLING

The price of our merchandise is inclusive of the statutory taxes. The taxes charged shall depend upon the destination where the order has to be shipped. The tax rate applied to the order will be the combined tax rate for central, state and local tax rates in accordance with the address where the order is being shipped. Fitnano reserves the right to collect taxes for shipping charges wherever applicable.

OFFER, SCHEMES AND CONTEST

Fitnano may introduce various offers, schemes or contest (“Contest”) at different times. The terms and conditions for such Contest shall be separately available on the Website. In the event of any conflict between these terms and conditions and the terms and conditions pertaining to any Contest, such terms and conditions shall prevail.

While participating in the Contest you hereby agree to release and hold Fitnano (and its officers, directors, agents, subsidiaries, affiliates, joint ventures, and employees) harmless from any claim or demand, including but not limited to reasonable attorneys’ fees, or arising out of or related to your participation in the said Contest.

Fitnano reserves the right to change/modify/add/delete any of the terms and conditions prevailing on the different schemes it introduces from time to time. Fitnano at its discretion can withdraw a particular scheme from the Website.

DELIVERY

Fitnano endeavors but does not guarantee to deliver the products to customers within 2 weeks from the day of close of sale depending upon the shipping location. Fitnano works with different manufacturers, distributors, importers (Suppliers) and the delivery time to customers is subject to delivery of products from supplier. Other factors include delay in delivery through the courier partner, strike or, lock-out or civil commotion or by reason of war or enemy action or terrorist action or earthquake or any act of God or due to any act, notice, order, rule or notification of the Government, etc. Fitnano reserves the right to make delivery of the goods in installments. If the goods are to be delivered in installments, each delivery will constitute a separate contract. You may not treat the contract (as a whole) as repudiated if Fitnano fails to deliver any one or more of the instalments or if you have a claim in respect of any one or more of the installments. If you fail to take delivery of the goods, Fitnano may at its discretion charge you for the additional shipping cost.

Further, Fitnano may at times be unable to deliver the confirmed order(s) to you and the reason for the same could be inclusive of but not limited to the following: (i) unavailability of the relevant product; (ii) failure of the concerned manufacturer/supplier/importer to deliver relevant product to Fitnano; (iii) poor/improper/defective quality of the relevant product ascertained through our quality audit process; and (iv) inaccuracies or errors in product or pricing information. In the event of any circumstance(s) as aforementioned; you shall not be entitled to any damages, monetary compensation, redeemable vouchers and/or credit notes.

PAYMENT OPTIONS

While availing any of the payment methods i.e. Credit Card/Debit Card/Net Banking/Offline NEFT/RTGS fund transfer/Cheque and Demand Drafts, available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to lack of authorization for any transactions, or exceeding the preset limit mutually agreed by You and between your bank, or any payment issues arising out of the transaction, or decline of transaction for any other reasons.

All payments made against the purchases on Website by you shall be compulsorily in Indian Rupees acceptable in India. We do not accept any other form of currency with respect to the purchases made on Website.

Before shipping / delivering your order to you, we may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to our users.

TERMINATION

Without limiting other remedies, we may limit Your activity, immediately remove Your information, warn other Users of Your actions, immediately temporarily/indefinitely suspend or terminate or block Your membership, and/or refuse to provide You with access to the Website in the event, but not limited to:

  • If You breach the Terms of Use or Privacy Policy or other rules and policies, if any;
  • If we are unable to verify or authenticate any information You provide; or

If it is believed that Your actions may cause legal liability for You, other users or us. We may at any time at our sole discretion reinstate suspended users. A user that has been suspended or blocked may not register or attempt to register with us or use the Website in any manner whatsoever until such time that such user is reinstated by us. Notwithstanding the foregoing, if You breach the Terms of Use or Privacy Policy or other ruler and policies, we reserves the right to recover any amounts due and owing by You to us and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against You.

MISCELLANEOUS

If any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. From time to time Fitnano may offer special promotional offers which may or may not apply to your account. To avail of such promotional offers, you agree to be bound by any additional terms and conditions for these special offers which are laid down by Fitnano. These Terms of Use and the relationship between you and Fitnano will be governed by the laws as applicable in India. Any disputes will be handled in the competent courts of New Delhi, India. The failure of Fitnano 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. Except as otherwise, expressly provided in these Terms of Use, there shall be no third-party beneficiaries to these Terms of Use. These Terms of Use constitutes the entire agreement between you and Fitnano and governs your use of the Website, superseding any prior agreements between you and Fitnano with respect to the Website.

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