Terms and Conditions

INTRODUCTION:

fitnfly.in (‘Website’) is an online service owned, operated and managed by Fit n Fly Pvt. Ltd (‘Fit n Fly’ or ‘we’ or ‘us’).  By using or accessing the fitnfly.in website, you are considered to have accepted the terms and conditions outlined in the agreement below, or as may be updated periodically (‘User Agreement’). This agreement is valid for an indefinite period, and you acknowledge that you are obligated by these terms as long as you continue to access the Website. If you have any questions about the terms and conditions of this User Agreement or if you wish to provide comments or file complaints regarding the Website, please contact us via email at info@fitnfly.in or call us at +91-9131560419. We retain the right to modify the terms and conditions of this User Agreement without the obligation to notify you, and it is your responsibility to review them regularly.

OWNERSHIP OF RIGHTS:

Any utilization of this Website or its content, which includes copying or storing it, either in whole or in part, for purposes other than your personal, non-commercial use, is expressly prohibited without the explicit permission of fitnfly.in. The information presented, transmitted, or conveyed on the Website is safeguarded by copyright and other laws pertaining to intellectual property. Certain content on the Website may be subject to copyrights and other intellectual property rights owned by third parties. This site is created, maintained, and updated by fitnfly.in or its licensors. You are not allowed to alter, publish, transmit, transfer, sell, reproduce, create derivative works from, distribute, repost, perform, display, or commercially exploit any of the content accessible on the Website in any way.

 GENERAL TERMS OF USE:

By being eligible and using the website or any other communication method, including generating relevant codes during the mentioned tenure, the User agrees to be bound by these Terms of Use. The User is authorized to utilize the website for lawful purposes as specified in the policies of fitnfly.in. Any violation of these policies may result in strict legal action against the User, in accordance with the policies and applicable laws.

We do not engage in promotions that encourage users to initiate a purchase, download, or any other commitment without providing all relevant information upfront and obtaining explicit consent from the user. Our promotions accurately, realistically, and truthfully represent our services.

fitnfly.in may request additional verifications or information and will contact the User if any part of the verification is canceled or if additional information is needed for the verification process.

fitnfly.in retains the right, at its sole discretion, to modify, add, or remove sections of this document at any time without prior written notice to the user.

Limitation of Liability:

In no situation will fitnfly.in be liable beyond providing the User with a replacement of the same product or an alternative product of equal value. These terms and conditions are subject to Indian laws and any dispute shall be subject to jurisdiction of the courts in Indore (Madhya Pradesh, India) only.

USAGE RESTRICTIONS:

You shall not use the Website for any of the following purposes:

• Disseminating or sharing content that is illegal, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, or objectionable in any way.
• Transmitting material that promotes behavior leading to criminal offenses, civil liability, or violations of relevant laws, regulations, or codes of conduct.
• Unauthorized access to other computer/network systems.
• Interfering with another person’s use or enjoyment of the Website.
• Violating any applicable laws.
• Disrupting networks or websites connected to the Website.
• Creating, transmitting, or storing electronic copies of materials protected by copyright without the owner’s permission. Hosting, displaying, uploading, modifying, publishing, transmitting, updating, or sharing information on the Website that belongs to another person and to which you have no right is not allowed.
• Posting content that is harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of privacy, hateful, or racially, ethnically objectionable, disparaging, related to or encouraging illegal activities like money laundering or gambling.
• Causing harm to minors in any way.
• Infringing on patents, trademarks, copyrights, or other proprietary rights.
• Violating current laws.
• Deceiving or misleading recipients about the origin of messages or communicating offensive or menacing information.
• Impersonating another person.
• Including 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.
• Threatening the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign states, public order, or inciting the commission of any cognizable offense, preventing the investigation of any offense, or 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;

INDEMNITY:

We negate all warranties or conditions, whether explicitly stated or implied (including, but not limited to, implied warranties or conditions of information and context). We are not liable to any individual for any loss or damage that may result from the utilization of information found in the materials on this Website. The laws of India will govern this User Agreement and any contractual obligation between us and you, with the exclusive jurisdiction of Courts in Indore. Disputes will be subject to arbitration in Indore, conducted by a single arbitrator appointed by us under the Arbitration and Conciliation Act, 1996. Each party involved in arbitration will bear its own costs. You agree to defend, indemnify, and hold fitnfly.in, its employees, directors, officers, agents, and their successors and assigns harmless from any claims, liabilities, damages, losses, costs, and expenses, including attorney’s fees. These claims may arise from your actions or inactions, resulting in loss or liability to fitnfly.in or any third party. This includes, but is not limited to, breach of warranties, representations, or undertakings, non-fulfillment of obligations under this User Agreement, violation of applicable laws and regulations (including intellectual property rights, payment of statutory dues and taxes), claims 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 provision will continue to be effective even after the expiration or termination of this User Agreement.

 ELIGIBILITY TO USE:

Access to the Website is restricted to individuals capable of forming legally binding contracts under applicable law. Individuals classified as “incompetent to contract” as per the Indian Contract Act, 1872, including undischarged insolvents, are not permitted to use the Website. We retain the right to terminate your membership and deny access to the Website at our discretion. The Website cannot be accessed by individuals whose membership has been suspended or terminated by us for any reason. Users accessing the Website from outside India must comply with local laws, where applicable. Similarly, users accessing the Website from Indian states with usage restrictions are responsible for adherence to local state laws. These terms and conditions, unless specified otherwise for specific products, override any prior representations, understandings, or agreements, prevailing despite any inconsistencies with other terms from any submitted orders.

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 provide you with additional information regarding ourselves, the Site, our other websites, our products, sales promotions, newsletters, SMS updates, and anything related to other companies within our group or our business partners. If you do not wish to receive any of this extra information outlined in this paragraph (or any portion of it), please click the “unsubscribe” link in any email we send to you or register as a Do Not Disturb user. We will stop sending you information as requested within 7 working days (excluding Saturdays, Sundays, and public holidays in India) upon receiving your instruction. If you need further clarification, you can reach out to our Customer Support service.

COMMUNICATION:

Upon visiting the Website or sending emails to us, you engage in electronic communication with us. By doing so, you agree to receive communications from us electronically. We will convey information to you through email or by posting notices on the Website. You acknowledge that all agreements, notices, disclosures, and other communications provided to you electronically meet any legal requirement for written communication. Additionally, when you provide your phone number along with your email address or request a callback, you give consent to receive calls on that number for communication pertaining to your registered contact details and other site-related information.

WEBSITE FEEDBACK, USER COMMENTS AND USER GENERATED CONTENT:

All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions provided to us through this Website or in connection with your use of this Website (collectively referred to as the “Comments”) will be and remain our property. By disclosing, submitting, or offering any Comments, you are assigning to us all worldwide rights, titles, and interests in all copyrights and other intellectual properties in the Comments. As a result, we exclusively own all such rights, titles, and interests and have unrestricted use, commercially or otherwise, of any Comments without compensating you in any way. We have no obligation to

(1) keep any Comments confidential;

(2) provide compensation for any Comments; or

(3) respond to any Comments.

You agree that any Comments you submit to the Website will not violate this policy or the rights of any third party, including copyright, trademark, privacy, or other personal or proprietary rights, and will not cause harm to any person or entity. You further agree that no Comments submitted by you 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’. While we do not regularly review posted Comments, we reserve the right (but are not obligated) to monitor, 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 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 assume no responsibility and bear no liability for any Comments submitted by you or any third party.

COPYRIGHT & TRADEMARK:

We and our suppliers and licensors explicitly retain all intellectual property rights for the text, programs, products, processes, technology, content, and other materials present on this Website. Accessing this Website does not grant, and shall not be construed as granting, any license under our or any third party’s intellectual property rights. All rights, including copyright, associated with this Website are either owned by us or licensed to us. Any use of this Website or its contents, including copying or storing them in whole or in part, beyond your personal, non-commercial use, is prohibited without our prior permission.

Modifying, distributing, or re-posting any content from this Website for any purpose is not allowed. The trademarks, service marks, design marks, and slogans associated with fitnfly.in are the property of fitnfly.in or are licensed to fitnfly.in. Any other marks belong to their respective companies, and you are not permitted to use or exploit them in any way. No license for any trademark or service mark is granted to you in connection with the materials on this Website. Accessing this Website does not authorize anyone to use any name, logo, or mark that appears on the Website. References to third-party names, marks, products, services, or links to third-party websites are provided for convenience and do not imply our endorsement, sponsorship, or recommendation.

We are not responsible for the content of third-party websites and do not make any representations about the accuracy or content of such websites. If you choose to link to any third-party websites, you do so at your own risk. All materials on this Website, including images, text, illustrations, designs, icons, photographs, programs, music clips, downloads, video clips, and written materials (collectively referred to as the “Contents”), are intended for personal, non-commercial use only. You may download or copy the Contents and other downloadable materials displayed on the Website for your personal use, but no right, title, or interest in any downloaded materials or software is transferred to you. Reproduction, modification, distribution, transmission, display, or performance of any Content, the Website, or related software in whole or in part, for any purpose other than as a shopping resource, is strictly prohibited.

Unless otherwise specified, all Content is copyrights, trademarks, trade dress, or other intellectual property owned, controlled, or licensed by us, our affiliates, or third parties who have licensed their materials to us, and is protected by Indian and international copyright laws. The compilation of all Content on this Website (meaning the collection, arrangement, and assembly) is the exclusive property of fitnfly.in and is also protected by Indian and international copyright laws. We do not endorse or provide counterfeit goods that contain trademarks or logos identical to or substantially indistinguishable from the trademarks of others.

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 fitnfly.in. 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 offered without any warranties or guarantees and is provided in an “As Is” condition. You assume the risks associated with using the Website. While we make efforts to ensure that the content sourced from other Internet websites or resources and included on the Website is accurate, reputable, and of high quality, we cannot be held liable or responsible if it fails to meet these criteria. We are not accountable for any errors or omissions, or for any technical issues you may encounter while using the Website. This disclaimer does not affect any product warranty provided by the manufacturer, as outlined in the product specifications.

To the maximum extent permitted by applicable law, we or our suppliers are not 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 limiting the scope of the section above, our total liability to you for all liabilities arising from this User Agreement, whether in tort or contract, is limited to the amount charged to you against the value of the products you ordered. fitnfly.in, its associates, and technology partners make no representations or warranties regarding 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. Additionally, we assume no liability for any monetary or other damage suffered by you due to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with the use of the Website, and/or any interruption or errors in the operation of the Website.

WEBSITE SECURITY:

You are forbidden from breaching or attempting to breach the security of the Website, including, but not limited to:

1. Accessing data not intended for you or logging into a server or account without proper authorization;
2. Trying to assess the vulnerability of a system or network, or attempting to breach security or authentication measures without proper authorization;
3. Interfering with service to any other user, host, or network, including, but not limited to, submitting a virus, overloading, ‘flooding,’ ‘spamming,’ ‘mail bombing,’ or ‘crashing’;
4. Sending unsolicited email, including promotions and/or advertising of products or services;
5. Forgery of 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 collaborate with law enforcement authorities to prosecute users engaged in such activities. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper functioning of this Website or any activity on this Website. Additionally, you agree not to use or attempt to use any engine, software, tool, agent, or other device to navigate or search this Website, other than the provided search engine and search agents available from fitnfly.in, as mentioned on this Website and generally available third-party web browsers (e.g., Google Chrome, Firefox, Microsoft Internet Explorer).

We have implemented appropriate technical and security measures to prevent unauthorized or unlawful access, accidental loss, destruction, or damage to your information. While collecting data through the Site, we use secured servers and firewalls to collect your personal details. fitnfly.in is not responsible for any loss or damage resulting from the disclosure of Personal Information while using third-party gateways or websites. fitnfly.in is not liable for any loss or damage due to the inadvertent or intentional disclosure of any Personal Information. To safeguard 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 to access your Account, and you are responsible for preventing unauthorized access to your password and computer.

ENTIRE AGREEMENT:

If any portion of this User Agreement is found to be invalid or unenforceable under applicable law, including, but not limited to, the disclaimers and limitations of liability stated above, the invalid or unenforceable provision will be replaced by a valid and enforceable provision that most closely aligns with the original intent. The remaining parts of the User Agreement will remain in effect. Unless explicitly stated otherwise, this User Agreement constitutes the entire understanding between you and us regarding the Websites/services, superseding all prior or concurrent communications and proposals, whether conveyed electronically, verbally, or in writing. Our failure to take action in response to a breach by you or others does not waive our right to act in response to subsequent or similar breaches.