TERMS & CONDITIONS

LAST REVISION: [9-Nov-2019]

Please read this terms of service agreement carefully. By using this website or ordering products/services from this website you agree to be bound by all of the terms and conditions of this agreement.

This Terms of Service Agreement (the "Agreement") governs your use of this website [https://www.fitnessdoors.com] (the "Website"), owned and operated by Phrenic Vivacity Fitness LLP ("Fitness Doors"). This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. Fitness Doors reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. Fitness Doors will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. Fitness Doors encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with Fitness Doors for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website. If you would like to print this Agreement, please click the print button on your browser toolbar.

I. PRIVACY PRACTICES

Personal information provided by you remains secure on our platform and we have formulated a Privacy Policy in this regard. Apart from these Terms of Use, the Privacy Policy shall also govern your visit and use of the Site. Your continued use of the Website implies that you have read and accepted the Privacy Policy and agree to be bound by its terms and conditions. You consent to the use of personal information by Fitness Doors in accordance with the terms of and purposes set forth in the Privacy Policy, the same may be subject to amendment from time to time at the sole discretion of Fitness Doors.

 

II. PRODUCTS USE & SERVICES

Terms of Offer & Use. This Website offers for sale of certain products (the "Products") and services (the "Services") related to Fitness & Health solutions. By placing an order for Products & Services through this Website, you agree to the terms set forth in this Agreement. The products & services appearing available on Fitness Doors should not be used as a substitute for professional medical advice, diagnosis or treatment. In case any products or  services purchased / received / availed causes side effects or doesn’t suit you, please note that Fitness Doors is in no manner responsible for any medical condition that arose from the use of that Product and Services. The Fitness Training plans and services  provided by Fitness Doors are solely intended to provide assistance to you in your personal healthy eating efforts. The information is not intended as a substitute for consultation, evaluation or treatment by a medical professional. The services provided by Fitness Doors are not intended to be, and should not be construed as a substitute for medical advice.

Proprietary Rights. Fitness Doors has proprietary rights and trade secrets in all the offered fitness services. You may not copy, reproduce, resell or redistribute any Product or Service distributed by Fitness Doors. Fitness Doors also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images and other information.

 

III. WEBSITE TERMS

Fitness Doors attempts to be as accurate as possible in the description of the product and services on the website. However, Fitness Doors or any third party or data provider does not warrant that the product description, information or other content of the website is accurate, complete, reliable, current or error-free. The website may contain typographical errors or inaccuracies and may not be complete or current. The product pictures are indicative and may not match the actual product.

Fitness Doors reserves the right to correct, change or update information, errors, inaccuracies or omissions at any time (including after an order has been submitted) without prior notice. Please note that such errors, inaccuracies or omissions may also relate to pricing and availability of the product or services.

You acknowledge that your use of the content on this Website is for personal, noncommercial use. Any links to third-party websites are provided solely as a convenience to you. Fitness Doors does not endorse the contents on any such third-party websites. Fitness Doors  is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk. 

Use of Website. Fitness Doors is not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not resell material on the Website, (4) not engage, directly or indirectly, in transmission of "spam", chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website

License. By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, noncommercial, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from Fitness Doors or the applicable third party (if third party content is at issue).

Posting. By posting, storing, or transmitting any content on the Website, you agree that Fitness Doors at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. Fitness Doors does not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. Fitness Doors is not liable for any damage or harm resulting from any posts by or interactions between users. Fitness Doors reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content Fitness Doors  deems objectionable. Fitness Doors does not have any obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service neither does it infringes any patent, trademark, copyright or other proprietary rights.

 

IV. PRICING INFORMATION

Fitness Doors makes every effort to provide accurate product and pricing information. Fitness Doors cannot confirm the price of the product until you make the order. However, in case of incorrect pricing or information due to technical error, Fitness Doors 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 has already been availed by you. In such an event Fitness doors may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. For a cancelled order after the payment is processed, the said amount will be reversed to your credit / debit card account. Prices and availability of the products and services provided or offered on the website are subject to change without prior notice and at the sole discretion of Fitness Doors. Fitness Doors may remove availability of any product without prior notice. In the event of unavailability or any unforeseen reason, Fitness Doors is unable to deliver the product to you on time or at all, you will be notified by an e-mail and your order will be automatically cancelled. Fitness Doors shall not be liable to pay for any damages in such an event owing to cancellation of the order or delay in delivery.

 

V. CANCELLATION, REFUNDS AND RETURNS

 

Please refer to our Cancellation, Refunds and Returns Policy provided on our Website.

VI. MODE OF PAYMENT

Payments for the products and services available on the Website may be made in the following ways:

  • Payments can be made by Credit Cards, Debit Cards, Net Banking, UPI, Wallets, e-Gift cards, and reward points.

  • Cash On Delivery based on pin code serviceability

 

VII. SHIPPING AND DELIVERY.

 

Please refer to our Shipping and Delivery Policy provided on website.

VIII. DISCLAIMER OF WARRANTIES

Your use of this website and/or products are at your sole risk. The website and products are offered on an "As Is" and "As Available" basis. Fitness Doors expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchant, for a particular purpose and non-infringement with respect to the products or website content, or any reliance upon or use of the website content or products and services.

Without limiting the generality of the foregoing, Fitness Doors makes no warranty:

  • That the information provided on this website is accurate, reliable, complete, or timely.

  • That the links to third-party websites are to information that is accurate, reliable, complete, or timely.

  • No advice or information, whether oral or written, obtained by you from this website will create any warranty not expressly stated herein. 

  • As to the results that may be obtained from the use of the products or services or that defects in products and services will be corrected. 

  • Regarding any products or services purchased or obtained through the website.

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.

 

IX. LIMITATION OF LIABILITY

Fitness Doors entire liability, and your exclusive remedy, in law, in equity, or otherwise, with respect to the website content and products and/or for any breach of this agreement is solely limited to the amount you paid, less shipping and handling, for products purchased via the website.

Fitness Doors will not be liable for any direct, indirect, incidental, special or consequential damages in connection with this agreement or the products or services in any manner, including liabilities resulting from (1) the use or the inability to use the website content or products; (2) the cost of procuring substitute products or content; (3) any products purchased or obtained or transactions entered into through the website; or (4) any lost profits you allege.

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.

 

X. INDEMNIFICATION

You will release, indemnify, defend and hold harmless Fitness Doors, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Products or your use of the Products (including Trial Products); (4) the Services or your use of the Services (5 )any intellectual property or other proprietary right of any person or entity; (6) your violation of any provision of this Agreement; or (7) any information or data you supplied to Fitness Doors. When Fitness Doors is threatened with suit or sued by a third party, Fitness Doors may seek written assurances from you concerning your promise to indemnify Fitness Doors; your failure to provide such assurances may be considered by Fitness Doors to be a material breach of this Agreement. Fitness Doors will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with counsel of Fitness Doors choice at its expense. Fitness Doors will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend Fitness Doors against any claim, but you must receive Fitness Doors prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.

 

XI. AGREEMENT TO BE BOUND

By using this Website or ordering Products or Services, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website. 

XII. GENERAL

Force Majeure. Fitness Doors will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.

Cessation of Operation. Fitness Doors may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products and Services.

Entire Agreement. This Agreement comprises the entire agreement between you and Fitness Doors and supersedes any prior agreements pertaining to the subject matter contained herein.

Effect of Waiver. The failure of Fitness Doors to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

Governing Law; Jurisdiction. the Terms of Use and policies  shall be governed and construed in accordance with the laws of India. For proceedings arising therein the Courts at Delhi shall have exclusive jurisdiction. Neither you nor Fitness Doors will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in Delhi. By using this Website or ordering Products and Services, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.

Statute of Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products or Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Waiver of Class Action Rights. By entering into this agreement, you hereby irrevocably waive any right you may have to join claims with those of other in the form of a class action or similar procedural device. any claims arising out of, relating to, or connection with this agreement must be asserted individually.

Termination. Fitness Doors reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and Fitness Doors may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, Fitness Doors reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until Fitness Doors chooses, in its sole discretion and without advance to you, to terminate it.

Domestic Use. Fitness Doors makes no representation that the Website or Products are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
Assignment. You may not assign your rights and obligations under this Agreement to anyone. Fitness Doors may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.

By using this website or ordering products from this website you agree to be bound by all of the terms and conditions of this agreement.

XIII. CONTACT INFORMATION

If you have any questions regarding these Terms and Conditions, please email us at fitnessdoors@gmail.com

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Disclaimer: The material appearing on FITNESSDOORS.COM is for educational use only. It should not be used as a substitute for professional medical advice, diagnosis or treatment. Products, supplements or fitness programs appearing on FITNESSDOORS.COM are not evaluated by government authority and are not intended to prevent, diagnose or cure a disease. 

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