Terms & Conditions
TERMS OF USE
ACCEPTANCE OF TERMS
Overview
The following Terms of Use, read along with our Privacy Policy, is issued by Eat No More, a venture of Saransh Ventures Private Limited (“Company,” “we,” “us,” or “our”) in accordance with the provisions of the Information Technology Act, 2000 and the rules made thereunder and the Digital Personal Data Protection Act, 2023 and the rules made thereunder and any other applicable law that requires publishing the terms of use for access or usage of our website [www.eatnomore.com] (the “Website”) which offers nutrition products, health food products, proteins, dietary supplements and capsules, and other related food and beverage health products (the “Services”). Please read these Terms of Use carefully, including the disclaimers set out herein, prior to signing up for the Services or accessing the Website.
Modification
We reserve the right to make changes to these Terms of Use at any time. Any such modification will become effective immediately upon the Company posting it on the Website, and your continued use of the Services constitutes your consent to such modifications. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Services following the posting of any changes to the Terms of Use constitutes acceptance of those changes. If any change to these Terms of Use is not acceptable to you, your remedy is to (a) cease accessing, browsing and otherwise using the Services or (b) reach out to our Grievance Officer with respect to the terms not acceptable to you.
USER ACCOUNT
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Our Website provides only limited and restricted access to the Services for unregistered users.
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In order to access or use the Website, you must be 18 (eighteen) years of age or older and have the requisite power and authority to enter into these Terms of Use and must be legally entitled to contract. We do not undertake any liability or responsibility if the Website is used by users below the age of 18 (eighteen), in violation of these Terms of Use. We may terminate your user account at our discretion if we determine that you are under 18 (eighteen) years of age and are not legally entitled to contract. Additionally, if you access the Website and are not 18 (eighteen) years of age, it will be assumed that your usage of the Website was authorized or supervised by a parent or guardian.
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You may register on the Website and for doing so, you will be required to provide a username of your choice (“User”) and create a unique password. For the purpose of registration, you will be required to provide us with details such as name, age, gender, contact information (email, phone number), addresses (billing address and shipping address) and location. You will also have an option to provide additional information that is not required for account registration but may assist us in offering you a more customized experience on the Website.
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Upon registration, you will be provided with an account (“User Account”). The manner in which we collect, use, store or disclose your personal information collected on the Website or related devices, if any, has been outlined in our Privacy Policy.
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Please note that any information or material sent to us that is not covered by our Privacy Policy, whether by post, upload, input or submission to the Website or associated services, or any comments / reviews posted on our Website with respect to the products purchased or Services availed by you (“Materials”), will be deemed NOT to be confidential and we shall have no obligation of any kind with respect to such Materials or any underlying information. We shall have the right to use, distribute, modify, adapt, or create derivative works of the Materials through the perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license granted by you to the Company.
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You shall be responsible for any and all activities that occur in connection with your User Account. Under no circumstances shall we be liable for any loss or damage arising from your failure to comply with this Terms of Use.
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While sharing information, you agree to provide complete and accurate information about yourself. You may not impersonate any third party to create or use an account for anyone other than yourself or create multiple accounts.
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You shall not allow: (a) any other person to share your User Account or its credentials; and (b) any part of the Website being cached in proxy servers and accessed by individuals who have not registered as Users of the Website.
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If you prefer not to create an account on the Website, you can still make purchases as an unregistered user using the 'Guest Checkout' feature. To use this option, you must provide accurate and complete details, including your email address, mobile number, shipping address and billing address. Please note that as an unregistered user, your information will not be saved on the Website, and you will need to re-enter these details each time you make a purchase through 'Guest Checkout.'
DESCRIPTION OF EAT NO MORE
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Services: The Website provides a wide array of nutrition products, including health food items, nutrition products, various types of proteins, and a range of dietary supplements and capsules. The Website caters to individuals looking to enhance their overall health, support their fitness goals, or meet specific dietary needs.
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YOUR USE OF THE PRODUCTS / SERVICES
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The Company hereby grants you a non-exclusive, non-transferable, non-sublicensable right to access and use the Website solely for the purposes of availing the Services, in each case (i) in compliance with these Terms of Use, and (ii) to the extent permitted under all applicable laws and regulations (foreign and domestic). You agree that during the use of the Services, you will not in any way host, display, upload, modify, publish, transmit, store, update or share any information that:
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belongs to another person and to which you have no right;
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is obscene, pornographic, paedophilic, invasive of another’s privacy, insulting or harassing on the basis of gender, racially or ethnically objectionable, relating to or encouraging money laundering or gambling, or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence;
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is harmful to children;
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infringes any patent, trademark, copyright or other proprietary rights, deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any misinformation or information which is patently false and untrue or misleading in nature; or
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violates any law for the time being in force;
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Notwithstanding the foregoing, you shall not, and shall not permit anyone else to, directly or indirectly: (i) modify, reproduce or otherwise create derivatives of any part of the Services or Proprietary Content (as defined below); (ii) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the Services (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law); (iii) rent, lease, resell, distribute or use the Services for timesharing, service bureau, or commercial purposes; (iv) remove any copyright, trademark, or other proprietary rights notices contained in or on our Services, including those of the Website, Company or its affiliates or any of our licensors; (v) utilize information, content or any data you view on and/or obtain from our Services to provide any service that is competitive with us; (vi) upload or post or use the Service to transfer, any content or other material that contains or constitutes viruses, trojan or other code with malicious, disruptive and/or destructive features; (vii) attempt to gain unauthorized access to any portion or feature of the Website, or the account of any other User or entity, or otherwise interfere with any other user's or entity's use of the Service; (viii) engage in any activity that interferes with or disrupts the Services; (ix) engage in any fraudulent activity or activity that facilitates fraud; (x) make any negative, disparaging, or defamatory statement(s) or comments about us, the Website, our brand name, or our domain name, the Company or its affiliates, nor shall you engage in any behaviour or action that could damage the image or reputation of the Company or its affiliates.
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Some products or services are exclusively available through our Website and may be offered in limited quantities. These items can only be returned or exchanged according to our returns and refunds policy underlined in these Terms of Use.
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We strive to accurately represent the colours and images of our products on the Website. However, we cannot guarantee that the colours visible to you on your computer, mobile or any other device will be completely accurate.
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We hold the discretion to restrict sales of our products or Services to individuals, regions, or jurisdictions as deemed necessary. Additionally, we may cease offering certain or all products and Services available on our Website at our discretion. We also reserve the authority to limit the available quantities of our products or Services. Product descriptions and prices are subject to change at any moment without prior notification to you, solely under our discretion. Offers on this Website are void where prohibited by law.
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We maintain the authority and right to decline any orders placed with us. At our discretion, we may choose to restrict or void purchases on a per-person, per-household, or per-order basis. This may include orders from the same account, orders paid with the same credit/debit card, or orders shipped to the same address. Should we alter or decline an order, we will inform you via the email, billing address, or phone number (SMS/Whatsapp) given during registration or when the order was placed. We also reserve the right to restrict or deny orders that we believe are placed by dealers, resellers, or distributors or under any other circumstances at our discretion.
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You acknowledge and agree that we do not guarantee, represent or warrant that the quality of products or Services, information purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
PAYMENTS
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All the payments in respect of the Services provided by us shall be made through the Website. You acknowledge and agree that we may use certain third-party vendors and service providers, including payment gateways to process payments and manage the information provided by you at the time of registration. We also permit you to make payments via the cash on delivery (“COD”) option.
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In order to make payments, you undertake to use a valid payment card or bank details or third party wallets or any other recognized mode of payment, with legal authority to use the same, to have sufficient funds or credit available to complete the payment on the Website.
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If you choose to purchase products using our COD option, we will send an intimation to you regarding your orders before dispatch through email, SMS, WhatsApp, or phone calls, using the contact details provided at time of registration or at the time of placing the order. Orders once dispatched cannot be cancelled.
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You are not allowed to refuse receipt of the products upon delivery of the same. If you refuse to accept the delivered products or fail to make the requisite payment, we reserve the right to blacklist you, block access to your User Account, and take any other actions we deem necessary.
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The Company is not liable for any payments that are not completed because: (i) your payment card or bank account or third party wallet does not contain sufficient funds to complete the transaction or the transaction exceeds the credit limit in respect of the payment details provided; (ii) you have not provided us with correct payment details; (iii) your payment card has expired; or (iv) due to circumstances beyond the Company’s control.
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You will be solely responsible for the confidentiality of your credit / debit card details, bank account details and third-party wallets. The Company shall not be responsible for any unauthorized transactions conducted on our Website using your payment card or internet banking. We shall not be obligated to refund any money to you in such instances.
RETURNS, REFUND AND CANCELLATION
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Any orders placed or purchases made on our Website are not eligible for return after purchase. We only endeavour to offer replacement of products that may have suffered any damage in transit, subject to the availability of such products.
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Once our customer service team confirms the damage to the order through the appropriate proof provided by you either via email or phone, we will immediately process the replacement orders.
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We will only process replacements for claims made within 15 (fifteen) days of the order date. We will be unable to address any queries, concerns or claims raised more than 15 (fifteen) days after the order has been confirmed.
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Any cancellations made by you can only be processed within 24 (twenty four) hours of placing the orders by writing to us at [support@eatnomore.com] or by cancelling the order in your User Account. Orders once dispatched will not be eligible for cancellation. Refund for cancelled orders (if any) will be credited back to the original payment method within 5 (five) to 10 (ten) business days. We will not be liable to refund any additional amounts to you beyond the amount for the order cancelled and we shall be entitled to deduct any payment gateway charges from the same.
OBLIGATIONS OF THE USER
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You agree to immediately notify us of any unauthorized use of your account information or any other breach of security. We shall not be liable for any loss or damage arising from your failure to comply with this clause. You agree that you will not, in any way:
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interfere with the ability of others to access or use the Website;
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disrupt the normal flow of communication or otherwise act in a manner that adversely affects other Users’ ability to use the Website;
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interfere with or disrupt the servers or networks connected to the Website, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website;
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use the Website to transfer, any content or other material that contains or constitutes viruses, trojan or other code with malicious, disruptive and/or destructive features;
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attempt to gain unauthorized access to any hardware or software system, or networks associated with the Website, or obtain any services or information not intentionally made available to you by us on or through the Website; and
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make/post/re-post any testimonial on the Website or on any social media platform (such as Facebook, Instagram etc.) in relation to the Website which contains profanity or abusive language.
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You shall always be responsible for anyone using the Services via your computer or mobile device, and for making them aware of these Terms of Use when they access the Website through your device.
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You shall at all times be responsible for costs incurred to use and access the Website and utilizing the Services. Under no circumstances shall the Company or its affiliates be liable for such costs.
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You agree and grant permission to the Company to send order updates, notifications, promotional messages via SMS/Whatsapp/email from the Company or its affiliates.
INTELLECTUAL PROPERTY RIGHTS
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Subject to your compliance with these Terms of Use, we grant you a limited, non-exclusive, revocable, non-transferable, non-licensable, non-sublicensable license to access and use our Services to: (a) use our Website for your use in accordance with these Terms of Use on any computer device, mobile device or any other device owned or otherwise controlled by you strictly in accordance with these Terms of Use, and (b) access, stream, download, and use on your computer, mobile, or any other device, our Services and content made available in or otherwise accessible through our Services, strictly in accordance with these Terms of Use.
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Copyright: You agree that all material, including without limitation information, data, software, text, design elements, graphics, images and other content (collectively, "Content"), contained in or delivered via the Services or otherwise made available by us on the Website or otherwise in connection with the Services, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, code, and software used on or incorporated into the Website (collectively, “Proprietary Content”), is the property of the Company, and is protected by applicable law. The compilation of all content on this Website is the exclusive property of the Company. You agree not to decompile, reverse engineer or disassemble any content accessible through the Website, not to insert any code or manipulate the content of the Website in any way that affects the User's experience, and not to use any data mining, data gathering or extraction method. We reserve the right to terminate your User Account immediately and without notice, if we, in our sole and absolute discretion, believe that you are in violation of this clause.
Our content available on or via the Website, is provided to you as is for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the Company. We reserve all rights, not expressly granted in and to the Website.
Trademarks: The Website is the property of the Company, including, but not limited to its text, graphics, logos, the name ‘Eat No More’ and button icons, images, scripts and service names constitute trademarks/trade dress of ‘Eat No More’. The trademarks, domain names and trade dress of the Company shall not be used in connection with any service that is not affiliated with the Company in any manner that is likely to (a) cause confusion among Users or potential Users; or (b) dilute the rights of the Company; or (c) to disparage or discredit the Company.
INDEMNITY
You agree to defend, indemnify and hold the Company and its affiliates, and each of its and their respective officers, directors, agents, co-branders, other partners, and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys’ and accounting fees) resulting from any claim, judgement, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise), or investigation made by any third party (each a “Claim”) due to or arising out of: (i) your use of, contribution to or connection with the Service; (ii) your violation of these Terms of Use or our Privacy Policy or any claim that you have breached any provision of these Terms of Use or Privacy Policy; and/or (iii) your violation of any rights of another or of any applicable law. The Company shall provide notice to you of any such Claim, provided that the failure or delay by the Company in providing such notice shall not limit your obligations hereunder. The Company reserves the right to assume the exclusive defence and control of any matter which is subject to indemnification under this clause, and in such case, you agree to cooperate with all reasonable requests in assisting the Company’s defines of such matter.
SERVICE MODIFICATIONS/SUSPENSIONS
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The Company reserves the right at any time to modify, suspend or discontinue, temporarily or permanently, your User Account and/or the Services (or any part thereof) for any reason or no reason with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
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The Company reserves the right at its sole discretion to modify the products listed on the Website, availability, permitted order quantities and the prices of the products are subject to change without notice.
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The Company reserves the right to change or discontinue the Service(s), or any part of it, at any time without prior notice.
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The Company will not be held liable to you or any third party for any changes, price adjustments, suspensions, or discontinuations of the Service(s).
TERMINATION
The Company, in its sole discretion, may terminate your password (if applicable), accounts (or any part thereof) and/or your right to use the Services, at any time for any reason or no reason, including, without limitation, for lack of use, failure to timely pay any fees or other monies due to the Company, or if the Company believes that you have violated or acted inconsistently with these Terms of Use. You agree that any termination of your right to use the Services may be effected without prior notice, and acknowledge and agree that the Company may immediately deactivate or delete your account and all related Content and files related to your account and/or bar any further access to such files or the Services. Further, you agree that the Company shall not be liable to you or any third-party for any termination of your right to use or otherwise access the Services. All provisions of these Terms of Use that by their nature should survive termination of your right to use the Services shall survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, and intellectual property protections and licenses).
LINKS
We may, in the course of providing the Services provide links to other internet websites or resources hosted or owned by third parties. We have no control over such websites and resources or third parties, and you acknowledge and agree that we are not responsible for the availability of such websites or resources and do not endorse and are not responsible or liable for any Content, advertising, products, services or other materials on or available from such websites or resources. You further acknowledge and agree that we shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with any use of or reliance on any such Content, advertising, products, services or other materials available on or through any such website or resource.
DISCLAIMERS
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Your access to and use of our Services or any content are at your own risk. You understand and agree that our Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of our Services, any information on the Website or any content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of our Services or any content; (iii) the deletion of, or the failure to store or to transmit, any content and other communications maintained by our Services; and (iv) whether our Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from us or through our Services, will create any warranty or representation not expressly made herein.
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We will not be held responsible for any losses or injuries that result from the consumption of the products offered/purchased on the Website, or consequent to the information or Services provided on the Website. We simply offer a platform purchase our products, and under no circumstances will we, our employees, affiliates, authors, or agents be held liable for any decisions or actions you take based on the products and/or Services provided on the Website.
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We do not represent and warrant that the Website will be compatible with all hardware and software or browsers you may use. We will not be responsible for any damage, viruses, or other harmful code that may impact your equipment, software, data, or other property due to your downloading, installing, accessing, or using the Website, or from obtaining any material through it. Additionally, we are not liable for the actions of third parties.
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You acknowledge and agree that the Website may be under constant upgrades and some features and functions may not be fully operational.
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You acknowledge and agree that the Company or its affiliates shall not be held responsible or liable for any injury, illness, loss, or damage that you may incur during, or as a result of consuming the products purchased by you through our Website.
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You acknowledge and agree that you are solely responsible to judge and certify your medical fitness to consume the products purchased by you through our Website including but not limited to checking product labels and ingredient lists to ensure they meet your health and dietary requirements. The Company, its employees, directors, officers, agents, contractors, suppliers, service providers and its affiliates are not obligated to, and will not, perform medical checks or verify the suitability of products for your health conditions prior to your purchase on our Website and disclaim any and all liabilities that may arise out of the use of our products.
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You acknowledge and agree that if we run any offers or discounts on the orders placed on the Website after such orders have been placed by you, the Company is not obliged to offer you any benefits under such subsequent offers. Likewise, we are not obliged to, and you are not entitled, to any discounts or offers, which are offered solely at our discretion.
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You acknowledge and agree that we do not guarantee the accuracy or completeness of any information on our Website or available through our Services. This information may occasionally contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, shipping charges, transit times, availability, or general content. We reserve the right to correct any errors, inaccuracies, or omissions and to update or change information or cancel orders if any information on the service or any related website is found to be inaccurate at any time without prior notice, even after an order has been submitted. We shall not be held responsible for any reliance on any incorrect or incomplete information.
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You acknowledge and agree that we are not required to revise or clarify information related to the Services or any associated website, including pricing details, unless mandated by law. You further agree that in the event any update is made related to part of the Services, such update shall not indicate an update made with respect to the entirety of the Services or information provided on our Website.
LIMITATION OF LIABILITY
You acknowledge and agree that, in no event will the Company be liable to you or any third party for any indirect, punitive, exemplary, incidental, special, or consequential damages whether in contract, tort (including negligence), or otherwise arising out of these Terms of Use, or the use of, or the inability to use, our Services, including, without limitation, any information made available through our Services pursuant to these Terms of Use. In the event the foregoing limitation of liability is determined by a court of competent jurisdiction to be unenforceable, then the maximum liability for all claims of every kind will not exceed USD 100.0/- (United States Dollars One Hundred Only). The foregoing limitation of liability will cover, without limitation, any technical malfunction, computer error or loss of data, and any other injury arising from the use of our Services. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. To the extent that the Company may not disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the Company’s liability will be the minimum permitted under Applicable Law.
While we have taken reasonable steps to prevent internet fraud and ensure any data collected from you is stored as securely and safely in accordance with applicable law, we cannot rule out nor be held liable in the unlikely event of a breach resulting in hacking or other malicious forms of data access/theft etc.
ASSIGNMENT
These Terms of Use are only for your benefit. You shall have no right to assign any rights or any benefits or obligation hereunder to any other party or legal entity. Any attempted assignment shall be void.
RELATIONSHIP OF PARTIES
The parties hereto are independent contractors, and nothing contained herein shall be interpreted as creating any relationship other than that of independent contracting parties. The parties shall not be construed as being partners, joint ventures, shareholders, employer/employee, or agent/servant. You have no power or authority to bind the Company to any obligation, agreement, debt or liability. You shall not hold itself out as an agent or representative of the Company or its affiliates.
ENTIRE AGREEMENT
Unless otherwise specified herein, these Terms of Use constitute the entire agreement between you and the Company in respect of the Services. These Terms of Use supersede all previous written and oral agreements between you and the Company, if any. The Company’s failure 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.
GOVERNING LAW AND DISPUTE RESOLUTION
These Terms of Use shall be governed by and constructed in accordance with the applicable laws of India, without regard to conflict of law principles. The courts in Mumbai, India shall have exclusive jurisdiction to determine any dispute arising out of, under, or in relation to any of the matters contained in these Terms of Use. All disputes arising out of, or in connection with these Terms of Use shall be referred to arbitration, in accordance with the provisions of the Arbitration and Conciliation Act 1996. The seat and venue of the arbitration shall be Mumbai, India.
SEVERABILITY
If any term of these Terms of Use is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms will remain valid and enforceable.
GRIEVANCE OFFICER
Please report any violations or grievances in relation to these Terms of Use to the following personnel:
Name: Rahul Kumar
Designation: Product Manager
Email-Id: rahul@fitpage.in