4. The Website is operated by Anamaya India Private Limited, a company incorporated under the laws of India having its registered office at 304, Shoppers Plaza V, Opp. Municipal Market, C.G. Road, Navrangpura, Ahmedabad. All references to Website in these Terms shall deem to refer to the aforesaid entity in inclusion of the online portal.
5. Such changes will be effective when posted on the Website and may, at the sole discretion of the Website be notified to the Users from time to time. Notwithstanding the foregoing, by continuing to use the Website after we post any such changes, you accept the Terms as modified.
7. You agree, undertake and confirm that Your use of FitFormance shall be strictly governed by the following binding principles:
(a) You shall not host, display, upload, modify, publish, transmit, update or share any information which: (i) belongs to another person and to which You do not have any right to;(ii) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, 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;(iii) is misleading in any way; (iv) tries to gain unauthorized access or exceeds the scope of authorized access to the FitFormance or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the FitFormance or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;(v) interferes with another USER’s use and enjoyment of the FitFormance or any other individual’s User and enjoyment of similar services (vi) violates any law for the time being in force;(vi) shall not be false, inaccurate or misleading;(vii) shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider (“ISPs”);
(b) By accessing, viewing and/or posting any user generated content to any specific dedicated page on the FitFormance, you accept and consent to the practices described in these ‘Terms of Service’ and ‘Privacy Policies’, as well as any other terms of prescribed by the FitFormance. You agree and undertake that when accessing, viewing and/or posting any user generated content on these pages you will not imitate, abuse, harass, any Customer/User or violate and exploit, any of these ‘Terms of Service’ of the FitFormance. You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the FitFormance or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the FitFormance or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the FitFormance. You shall not attempt to gain unauthorized access to any portion or feature of the FitFormance, or any other systems or networks connected to the FitFormance or to any server, computer, network, or to any of the services offered on or through the FitFormance, by hacking, password “mining” or any other illegitimate means.You may not impersonate any other individual or entity. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable laws, rules and regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding your use of our service.
Eligibility to use
1. Use of the Website is available only to such persons who can legally contract under Indian Contract Act, 1872. Persons who are “incompetent or not entitled to contract” within the meaning of the Indian Contract Act, 1872 shall not be eligible to use the Website. Any minor desirous to use or transact on Website, is required to conduct such transaction through their legal guardian or parents.
2. The Website reserves the right to terminate any membership and / or refuse to provide access to the Website if it is brought to the Website’s notice or if it is discovered that the person accessing/using the Website is under the age of 18 years. By accepting the Terms or using or transacting on the Website, the User irrevocably declares and undertakes that he/she is of legal age i.e. 18 years or older and capable of entering into a binding contract and such usage shall be deemed to form a contract between the Website and such User to the extent permissible under applicable laws.
Account, Password, and Security
1. Any person may access the Website and the Products either by registering to the Website or using the Website as a guest. However, a guest user may not have access to all sections of the Website including certain benefits/promotional offers, which shall be reserved only for the purpose of registered Users, and which may change from time to time at the sole discretion of the Website.(Check+ if this is applicable)
2. If you wish to register yourself with the Website, you shall be required to create an account by registering through Facebook,Google+ or your email account or by filling in the details prescribed in the Website registration form. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify the Website of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session cannot and will not be liable for any loss or damage arising from your failure to comply with this Section or for any losses occurring thereto. You, as the User, waive any claims against the Website for any loss and damage suffered by you on account of your failure to comply with the Terms and reasonably expected good practices in this regard.
3. If any User learns or is made or becomes aware of any instance of hacking or misuse of its User account, it shall without delay notify the Website of the same. Additionally, registered Users may be held liable for losses incurred by the Website for any loss or damage caused as a result of failure in maintaining security by the relevant User.
4. If any User provides any information that is untrue, false, not updated, and incomplete or the Website has reasonable grounds to believe that such information is untrue, false, not updated, incomplete, the Website shall have the right to suspend or terminate the relevant User account and refuse any and all current or future use of the Website (or any portion thereof).
5. The Website may be inaccessible for such purposes as it may, at its sole discretions deem necessary, including but not limited to regular maintenance. However, under no circumstances will FitFormance be held liable for any losses or claims arising out of such inaccessibility to the Users and the Users expressly waive any claims against FitFormance in this regard.
Listing And Selling
1. By listing a Product on the Website, FitFormance warrants that all such Products are legally permitted to be sold and the product listed shall provide most accurate description of the products to be sold on the Website having text, pictures and other content that FitFormance may desire from time to time. FitFormance would charge reasonable shipping and handling fees to cover the costs for packaging and posting the items including for giving samples.
2. All sales on the Website are binding in nature on both on the User and FitFormance and the products shall be shipped by FitFormance up to the point of delivery or otherwise completing the transaction with the User within 30 days, unless there is an exceptional circumstance or occurrence of a force manure event affecting supply. (or agreed upon)
3. Shipping of the products shall be subject to the operation of the logistic partner in the place of delivery and in case shipping agent does not operate at the location the products can be availed either directly from the studio or to a location where the shipping agent is located. The delivery from studio shall be subject to verification of user by call or through SMS or mail.
4. The display of the product on the website may differ with the actual product, therefore the user is advised to call for sample before placing order which shall be supplied by us and a retention sample shall be kept by us at a price as may be determined by us from case to case basis. In case sample is not available user can order 0.5 meter and inform us so that we can keep the counter sample.
5. We shall ensure that the product supplied in pursuance to verification of sample shall confirm to the sample and we disclaim all other guarantee or warranty regarding the quality color or fitness of the product.
6. Having regard to the above you agree and acknowledge that your right against FitFormance on account of any defective product (defective product would mean a product whose fabric description and content does not match with what is held out in the listing or that does not match with the sample on the website or is torn or damaged) shall be limited to asking for a free of cost replacement or in case the inventory is out of stock a refund of amount paid and you shall be precluded from raising and indirect consequential claims of damages from FitFormance its agents, directors or officials, and FitFormance expressly disclaim all other obligations and liabilities for sale of Products on the Website.
7. In the case of bulk orders we reserve our right to sell the products on conditions as may be decided from case to case basis at our discretion.
8. The terms of sale as well as offer of sale of products at discounts shall be at our discretion.
Products & Price
1. The Website provides an online platform to various Sellers to advertise, display, make available and sell various Products (including services ancillary to the products and services), vouchers, and services to Users of the Website (“Products”). The Website merely facilitates the engagement of the Users and various Sellers and provides such other services as are incidental and ancillary thereto. Additionally, the Website reserves the right to terminate the services offered at any time to the Users without any notice.
2. All Products exhibited on the Website are on an “as is” and “as available” basis. Images of products are for reference only and actual Product including color and weaving pattern etc. may vary from the corresponding image exhibited. The Website disclaims any liabilities arising out of any discrepancies to this end.
3. With regard to the products exhibited on the website FitFormance disclaims any guarantee or warranty regarding
(a) Quality of any products;
(b) Color of the product supplied including color fasting or fading;
(c) Weaving of the Product;
(d) Exactness as to the finish and appearance of the Product as ordered by the User.
(e) Fitness as to quality or color or any product that is subjected to any job work as the instance of customer.
1. Prices for Products as displayed in the website shall be construed to be part of the terms and conditions set out herein by reference. The prices of the products listed in the website shall be in Indian rupees. Users further undertake that by initiating a transaction, the User is entering into a legally binding and enforceable contract with FitFormance to purchase the products using such payment facilities as may be permitted by applicable laws and as may be accepted by the Website.
2. The Website does not charge any registration/membership or browsing fee. However, the Website reserves right to alter the fee policy from time to time and upon notification such policies shall form a part and parcel of the terms and conditions herein.
3. FitFormance may enter into agreements with third party payment gateway aggregators and financial institutions authorized by the Reserve Bank of India for collection, refund and remittance and to facilitate payment between Users and itself. The Website shall initiate the remittance of the payments made by the User and the date of completion of transaction shall be after the Products are
delivered to the User.
4. While availing any of the payment gateways available on the Website, the Website or FitFormance will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to the User due to:
(a) Lack of authorization for any transaction/s, or
(b) Exceeding the preset limit mutually agreed by and between the User and relevant banks of the User, or
(c) Any payment issues arising out of the transaction, or
(d) Illegitimacy of the payment methods (credit/debit card frauds etc.) being used by a User;
(e) Decline of transaction for any other reason(s)
5. Notwithstanding anything contained herein, the Website reserves the right to conduct additional verification for security or other reasons if it is not satisfied with the creditability of the User.
6. All payment and delivery related conditions are in accordance with the contractual relationship between FitFormance and the aggregators for payment and supply of the product. However the use of the payment facilities provided by the Website shall not render the Website (save as provided otherwise) liable. You agree and undertake that the claim against the Website shall not be under any circumstance more than the value of the Product paid for.
7. Every User hereby undertakes and agrees:
(a) To provide accurate information, such as credit/debit information for purchasing Products on the Website and
(b) Not to use payment information or instrument the User does not lawfully own that.
9. The Website in its discretion may impose limits on the number of transaction, which an individual holding a financial instrument may use for payment for Products. Further the Website reserves the right to refuse to process transactions exceeding such limit and transactions by Users that have incurred questionable charges and amounts.
10. The Website is merely a facilitator for providing the User with payment channels through automated online electronic payments (either itself or through Service Providers), cash on delivery, collection and remittance facility for the payment of Products purchased by the User on the Website using the existing authorized banking infrastructure and credit card payment gateway networks (of either the Website or Service Providers).
1. In the event any delay in delivery of a Product is expected, the Website may, at its sole discretion, intimate the User who may have purchased the same, regarding such delay either by SMS or through mail the access being always allowed by you.
(c) All information collected from you is required for placing your order for a product or process payment for the product and deliver the product to you.
(d) The Website shall use the information collected from You in accordance with applicable laws including but not limited to the Information Technology Act, 2000 and the rules made there under and use the data only for the purpose of completing the transaction or for purposes as may be required under the laws.
(e) You authorize us to collect and store (in electronic and physical form) your personal information such as title, name, gender, email address, postal address, delivery address (if different), telephone number, mobile number, fax number, payment details, payment card details or bank account details, Internet protocol(IP) address, personal information received from social networking sites through which the You have registered to the Website including name, profile picture, email address or friends list, and any information made public in connection with that social media service and such other personal and non-personal information that may be required to access and operate the Website. Please be advised that the duration of use of the Website by You may also be logged and stored by the Website.
(f) We may also send you other information about us, the Website, 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 follow the un-subscription process as detailed in the SMS. Kindly note that unsubscribing from one medium does not automatically lead to un-subscription from the other.
(g) We need this information in order to allow you to go ahead with placing your order for a product. We may use that data to process payment for the product and deliver the product to you. We also use that data to inform you when the product is about to be delivered.
(h) We may share the information collected from You with our affiliates, employees, agents, service provider, sellers, suppliers, banks, payment gateway operators and such other individuals and institutions like if called for under law. We may pass your name and address on to a third party in order to make delivery of the product to you (for example to our courier or).We may also use your data in order to manage the Website, collect payment from you, enable you to subsequently use parts of the Website, detect any fraud or Website abuses, send you information relevant to the Website or our products, and in case we have any queries. Payments that you make through the Website will be processed by Citrus Payment Solutions Pvt Ltd, a company registered in India.
(i) You hereby represent and warrant to the Website that:
1. All information derived from in relation to You are true, correct, current and updated and information provided do not belong to any third party, and if they do belong to a third party, you are authorized by such third party to use, access and disseminate such information;
2. You shall indemnify and hold harmless the Website and each of the Website’s officers, directors, contracts or agents and any third party relying on the information provided by You in the event You are in breach of this Policy.
3. You undertake to treat the personal access data confidentially and not make it available to unauthorized third parties. We cannot assume any liability for misuse of passwords.
1. Notwithstanding anything to the contrary, the Website and/or FitFormance shall not be held responsible for any loss, damage or misuse of the information provided by You.
2. Credit Check and Fraud Prevention We use standard and authorized payment services and our credit check and fraud prevention policies are aligned to these companies.
4. Security: We undertake reasonable security measures to prevent unlawful access to or r damage to your information and in this regard data are saved in a secure server. We use firewalls on our servers. When we collect payment card details electronically, we use encryption by using Secure Socket Layer (SSL) coding. Even though we are unable to guarantee 100% security, we undertake reasonable measures to protect your information. You are strongly recommended not to send full credit or debit card details in unencrypted electronic communications with us. We maintain physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of your information.
6. Disclaimer of Warranties and Liability: All the materials and products (including but not limited to software) and services, included on or otherwise made available to You through www.fitformance.in are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing.
8. Trademark, Copyright and Restriction: FitFormance is controlled and operated by Anamaya India Private Limited in which products of FitFormance are offered to be sold. All material on FitFormance, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so.
9. Limitation of Liability: In no event shall FitFormance be liable for any indirect, punitive, incidental, special, consequential damages or any other damages resulting from:(a) the use or the inability to use the Services;(b) unauthorized access to or alteration of the user’s transmissions or data;(c) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the FitFormance or Service. FitFormance shall not be held responsible for non-availability of the website during periodic maintenance operations or any unplanned suspension of access to the FitFormance website. To the maximum extend that is permissible under law, FitFormance’s liability shall be limited to an amount equal to the Products purchased value bought by You. FitFormance shall not be liable for any dispute or disagreement between Users.
10. Jurisdictional Issues/Sale in India Only: Unless otherwise specified, the products on the FitFormance is presented solely for the purpose of sale in India. FitFormance makes no representation that materials in the FitFormance website are appropriate or available for use in other locations/Countries other than India. Those who choose to access FitFormance from other locations/Countries other than India do so on their own initiative and FitFormance is not responsible for supply of products/refund for the products ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.
11. Governing Law and Jurisdiction: These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals, at Ahmedabad. The place of jurisdiction shall be exclusively in Ahmedabad.
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