Terms & Conditions

The domain name www.fitmod.in (hereinafter referred to as “Website”) is owned by Kishorilal Shyam Sunder Private Limited (FITMOD), with its registered office at 5A/1B LORD SINHA ROAD, ANANDEEP BUILDING, KOLKATA -700071

For the purpose of these terms of use, wherever the context so requires “you”, “yourself”, “client” or “user” or similar terminology are all in use in reference to the individual user of this Website. The terms “we”, “us”, “our”, “ours” shall refer to Fitmod.

Fitmod provides its services to you subject to the notices, terms, and conditions set forth in this agreement (hereinafter referred to as the “Terms”). In addition, when you use any www.fitmod.in  service, you will be subject to the rules, guidelines, policies, terms, conditions and documents applicable to such service, and they are incorporated into these Terms by this reference.

By mere use of the Website, you shall be contracting with Fitmod and these Terms including the policies represent a binding contract between you and us. Therefore, you should read these Terms carefully before you start to use the Services. Fitmod retains the right to deny access to anyone who we believe has violated any of these Terms.

ACCESSING, BROWSING OR OTHERWISE USING THIS WEBSITE INDICATES YOUR AGREEMENT TO THESE TERMS, SO YOU ARE ADVISED TO READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.

1. RIGHTS TO CHANGE THESE TERMS & CONDITIONS

We reserve the unilateral right to revise these Terms from time to time and at any time without providing any intimation to you and in our sole discretion. We will post the new version of these Terms or any policies on this Website and any change or modification to these Terms shall be effective immediately from the date of such upload of the revised Terms on the Website. Your continued use of the Website following the modifications to the Terms and policies constitutes your acceptance of the modified terms and conditions whether or not you have read them and shall be binding on you. For this reason, you are advised to frequently review these Terms, and other policies.

2. CHANGES OR UPDATION TO THE WEBSITE & ITS CONTENT

In order to optimize and improve your experience, we may update the Website from time to time, and may change the content, display or form at any time without prior notice. We do not guarantee that the Website, or any content provided or displayed on it, will be free from errors or omissions. Further, we are under no obligation to update the Website or any of the content provided on it.

3. ELIGIBILITY CRITERIA
   You must be 18(eighteen) years or older and capable of entering into a legally binding agreement (as per the Indian Contract Act, 1872) in order to use Website. If you are under 18 (eighteen) years of age, you may use this Website only with the involvement of a parent or guardian.

4. TERMS & CONDITIONS FOR USE OF SERVICES
   
   4.1.Registration and Information. In order to use Website and avail the services, you are required to sign up by creating an account. The account information will not be used for any other purpose except with your prior consent. You must read, agree with and accept all of the terms and conditions contained in these Terms, including the Privacy Policy. You will be responsible for maintaining confidentiality of your account, password, and restricting access to your computer, and you hereby accept responsibility for all activities that occur under your account and password.
   
   4.2.During the registration process you are also required to submit your personal information, which may include information relating to your name, age, gender, mobile device, location etc. You agree that the information provided by you upon registration and at all times thereafter will be true, accurate, current, and complete. You agree to maintain and update this information to keep it true, accurate and complete at all times while using Website and availing the services. You also acknowledge that the information you provide, in any manner whatsoever, is not confidential or proprietary and does not infringe any rights of a third party in whatsoever nature.
   
   4.3. If you are accessing, browsing, and using the Website or availing the services on someone else’s behalf, you represent that you have the authority to bind that person to all the terms and conditions herein. In the event that the person refuses to be bound as the principal to these Terms, you agree to accept liability for any harm cause by any wrongful use of the Website resulting from such access or use of the Website in whatsoever nature.
   
   4.4. If you know or have reason to believe that the security of your account has been breached, you should contact us immediately at the ‘Contact Information’ provided on the Website. If we have found a breach or suspected breach of the security of your account, we may require you to change your password, temporarily or permanently block or suspend your account without any liability to Fitmod.
   
   4.5. Prohibited Uses. You shall not use the Website for any illegal, unlawful, unauthorized or prohibited purposes (“Prohibited Uses”) nor may you, in the use of the Website, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws). You will comply with all applicable laws, rules and regulations in your use of the Website. In the event you use Website for any Prohibited Uses, we reserve the right to immediately and without notice, suspend/delete your account and ban you from accessing Website in future.
   
   4.6. We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms are violated or if we decide, in our sole discretion, that it would be in Fitmod’s best interests to do so. You are solely responsible for all contents that you upload, post, and email or otherwise transmit via the Website. The information provided to us shall be maintained by us in accordance with our Privacy Policy.

5. USER RELATED CONTENT

5.1. You retain ownership and sole responsibility for any text, messages, chat communications, billboard postings, software, photos, drawings, graphics, profiles, opinions, ideas, images, videos, audio files or other materials or information posted, uploaded, emailed, transmitted or otherwise made available to the Website by you (collectively “User Content”). Therefore, you are responsible for User Content and you must ensure that you have all the rights and permissions needed to use User Content on the Website.

5.2. By using the Website you grant us a worldwide, perpetual, unrestricted, royalty free license to use, reproduce, distribute, modify, adapt, create derivative works, make publicly available, and otherwise exploit User Content, but only for the limited purposes of providing the services to you and as otherwise permitted by our privacy policies. This license continues even after you stop using our Website. You acknowledge that this license includes the right for us to make User Content available to other users of the Website, who may use User Content subject to these Terms.

5.3. You can remove your content by deleting it, however in certain circumstances User Content may not be completely removed, and copies of User Content may continue to exist on the Website. We are not responsible or liable for the removal or deletion of (or failure to remove or delete) any of User Content.

5.4. Fitmod does not endorse or control the User Content transmitted or posted on the Website and therefore, accuracy, integrity or quality of User Content is not guaranteed by Fitmod. You understand that by using the Website, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will Fitmod be liable in any manner whatsoever for any User Content, including without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content. You hereby waive all rights to any claims against Fitmod for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with User Content.

5.5. You hereby acknowledge that Fitmod has the right, but not the obligation, in its sole discretion to refuse to post or to remove any User Content and further reserves the right to change, condense, or delete any User Content.

6. TERMINATION 

6.1. These Terms are effective unless and until terminated by either you or Fitmod.

6.2. You agree that Fitmod, in its sole discretion, for any or no reason, and without penalty or notice, may suspend or terminate your account (or any part thereof) or your use of the Website at any time.

6.3. You agree that any termination of your access to the Website or any account you may have or portion thereof may be without prior notice, and you agree that Fitmod will not be liable to you or any third party for any such termination.

6.4. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies that Fitmod may have at law or in equity.

6.5. Upon termination for any reason of the Terms by either you or Fitmod, 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 Terms of Use or otherwise. Any such termination of these Terms shall not cancel your obligation to pay for the product already ordered from the Website or affect any liability that may have arisen under these Terms.

7. DISCLAIMER OR WARRANTY AND LIMITATION OF LIABILITY
   The Website is presented “as is” and “as available” basis without any warranty or condition, express, implied or statutory. Neither we nor our affiliates, partners, directors, employers, agents, licensors or suppliers make any representations or warranties of any kind whatsoever, express or implied, in connection with these terms and conditions or this Website or any of the content, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable.

By using the Website, you agree to our Privacy Policy (url to put), the terms of which are incorporated into, and form a crucial part of, these Terms. Our Privacy Policy sets out the terms on which we process any personal or financial data we collect from you, or that you provide to us. Our Privacy Policy shall also apply to your use of Website and by using Website, you consent to such processing and you warrant that all data provided by you is accurate.

8. SHIPPING AND RETURN:
   Please refer to our shipping and return Policy for details with respect to cancellations, refunds and exchange of our products on

         URL: www.fitmod.in

9. PRICES AND AVAILABILITY OF PRODUCTS

9.1. If a product/service is listed at an incorrect price or with incorrect information due to any technical error, Fitmod shall have the right, at its sole discretion, to refuse or cancel any orders placed for that product/service, unless the product has already been delivered or the service already been availed by you. In the event that an item is wrongly priced, Fitmod may, in its 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 delivered and the services availed, your offer will not be deemed accepted and Fitmod will have the right to modify the price of the product/service and contact you for further instructions using the contact details provided by you.

9.2. Prices and availability of the products and service provided or offered on the Website are subject to change without prior notice and at the sole discretion of Fitmod and Fitmod may revise and cease to make available any product/service at any time.

10. NEWSLETTERS & COMMUNICATIONS

By registering your e-mail address and phone number with the Platform, you hereby expressly agree to receive communications and newsletters from us via e-mails, browser push, phone calls, SMS or customized push notifications on our application, whether for any verification or towards promotional updates regarding our services and subscription plans. 

11. GOVERNING LAW AND JURISDICITON

These Terms and Conditions are governed by and construed in accordance with the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of courts in Kolkata, India.