This website is operated by Fitnutrish Platform. Throughout the site, the terms “we”, “us” and “our” refer to Fitnutrish Platform. Fitnutrish Platform offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current platform shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
The important terms & conditions to be taken into consideration by you are divided into following segments:
1. GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve
(a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting networks or devices.
Credit card information is always encrypted during transfer over networks. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
2. ONLINE PLATFORM TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
3. 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 Fitnutrish. 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 Fitnutrish 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.
4. ACCURACY & COMPLETENESS OF PRICING
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 mispriced, 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 the best value, however, prices and availability are subject to change without notice. Our promotional offers/discounts do not site wide 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.
5. MODIFICATIONS OF THE SERVICES & PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
6. PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
7. PERSONAL INFORMATION
Your submission of personal information through the platform is governed by our Privacy Policy. Please go through our privacy policy in case you need information about the same.
8. CANCELLATION BY FITNUTRISH
There may be certain orders that Fitnutrish may be unable to accept and must cancel. Fitnutrish 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 accepts 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, non-availability of the product or quantities ordered by User, non- availability of the service, inaccuracies or errors in pricing information, or problems identified by Fitnutrish’s credit and fraud avoidance department; Fitnutrish may also require additional verifications or information before accepting any order. Fitnutrish 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 the credit card has been charged, the said amount will be reversed back in User’s credit card account.
9. CANCELLATIONS BY THE USERS
In case of requests for order cancellations, Fitnutrish, 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 Fitnutrish receives a cancellation notice and the order has not been processed/ approved by Fitnutrish, Fitnutrish shall cancel the order and refund the entire amount to User within a reasonable period of time. Fitnutrish will not be able to cancel orders that have already been processed, it is pertinent to note that Fitnutrish has the full right to decide whether an order has been processed or not. User hereby agrees and undertakes that the
decision taken by Fitnutrish is acceptable to User and User shall not create any dispute on the decision taken by Fitnutrish on cancellation.
10. RETURNS BY THE USERS
Fitnutrish reserves the right, at its sole discretion, to accept or reject requests for order return requests for any reason whatsoever after verifying all the proofs reviewed by our team. It is pertinent to note that Fitnutrish has the full right to decide whether an order has to be returned or not. User hereby agrees and undertakes that the decision taken by Fitnutrish is acceptable to User and User shall not create any dispute on the decision taken by Fitnutrish on returns policy.
Fitnutrish reserves the right to cancel any orders that classify as ‘Bulk Order’ as determined by Fitnutrish as per certain criteria. Fitnutrish 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:
1. Products ordered are not for self-consumption but for commercial resale
2. Multiple orders placed for same product at the same address
3. Bulk quantity of the same product ordered
4. Invalid address given in order details
5. Any malpractice used to place the order
Fitnutrish 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 the user.
11. USAGE RESTRICTIONS
You shall not use the Website for any of the following purposes:
6. Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
7. 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.
8. Gaining unauthorized access to other computer/network systems.
9. Interfering with any other person’s use or enjoyment of the Website.
10. Breaching any applicable laws.
11. Interfering or disrupting networks or websites connected to the Website.
12. Making, transmitting or storing electronic copies of materials protected by copyright without the permission of Fitnutrish.
13. 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 cognizable offence or prevents investigation of any offence or is insulting any other nation.
14. 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, de-compile, 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 deep linking any content on the Website.
12. QUANTITY RESTRICTIONS
Fitnutrish reserves the right, at its sole discretion, to limit the number 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 anyone as we may deem fit.
13. ERRORS, OMMISSIONS & INACCURACIES
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
14. DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the product & service will be accurate or reliable. You agree that from time to time we may remove the product or service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the product or service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Fitnutrish platform, our owners, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising
from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Fitnutrish will not be responsible for any allergic, inflammation, adverse reactions and other unintended actions because of usage of products.
15. INDEMNIFICATION
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 Mumbai. All disputes will be subject to arbitration in Mumbai in English by a single arbitrator appointed by us under the Arbitration and Conciliation Act, 1996. Each party to the arbitration shall bear its own cost. You agree to defend, indemnify and hold harmless Fitnutrish, its owners, employees, 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 Fitnutrish or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment 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.
16. CHANGES IN TERMS OF SERVICES
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
17. CONTACT INFORMATION Questions about the Terms of Service should be sent to us at fitnutrish.kff@gmail.com
18. 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 affect such a sale without dual taxation, if we receive 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.
