Terms & Conditions
This Terms of Use Agreement sets forth the Agreement between Fitnesstack.com (“Fitnesstack” or “we” or “us”) and each user (“you” or “user”) governing the use by you of this site. All orders accepted herein are fulfilled by Fitnesstack, which is subject to all of the provisions set forth herein. Please read this Agreement carefully before using this site. By using this site, you signify your assent to this Terms of Use Agreement. If you do not agree to the terms and conditions contained in this Terms of Use Agreement, you may not access or otherwise use this site. This Agreement does not apply to any transaction or relationship between the parties that are not related to the use of this website and/or the purchase and sale of merchandise through this website.
Site Usage/Termination of Usage
You agree to use this site only for lawful purposes, and that you are responsible for your use of and communications on the site. You agree not to post on or transmit through this site any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including without limitation any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes others’ intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use this site in any manner that interferes with its normal operation or with any other user’s use and enjoyment of the site. You agree not to reproduce, modify, distribute, replicate, commercially exploit or create derivative works of any portion of the site or material thereon.
You further agree that you will not access our website by any means except through the interface provided by Fitnesstack for access to the site. You agree that you will not access this site from any territory where its contents are illegal and that you, and not Fitnesstack and its affiliates, are responsible for compliance with applicable local laws.
These terms are effective unless and until terminated by either you or Fitnesstack. You may terminate this Agreement at any time, provided that you discontinue any further use of this Site. Fitnesstack also may terminate or suspend this Agreement, at any time, without notice, and accordingly deny you access to the site, if in our sole discretion you fail to comply with any term or provision of this Agreement or your use is harmful to the interests of another user or Fitnesstack or its affiliates. Upon any termination of the Agreement by either you or us, you must promptly destroy all materials downloaded or otherwise obtained from this site, as well as all copies of such materials, whether made under the terms of use or otherwise.
You agree that Fitnesstack may terminate or suspend your access to all or part of this site, without notice, for any conduct that we, in our sole discretion, believe is in violation of these Terms of Use or any applicable law or is harmful to the interests of another user, Fitnesstack or its affiliates.
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 Fitnesstack. 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 some of the content on the Website may be owned by third parties. This site is designed, updated and maintained by Fitnesstack 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.
Order Acceptance
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is shipped.
Some situations that may result in your order being canceled include limitations on quantities available for purchase; inaccuracies or errors in product or pricing information; product or ingredient restrictions mandated by local, state, national or international regulations; or problems identified by our credit and fraud avoidance group. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order.
If your order is canceled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.
Pricing or Typographical Errors
We do our best to provide accurate product and pricing information. However, pricing or typographical errors do occur. 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.
Quantity Limits and Items for Resale
Fitnesstack reserves the right 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 card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer e-mail and/or billing address provided should such limits be applied. We also reserve the right to prohibit sales to dealers.
No Warranty – Disclaimer
Fitnesstack is providing this site and its contents on an “as is” basis. Fitnesstack and its officers, directors, employees, agents, licensors, suppliers, content providers and the like (together, “affiliates”) make no representations or warranties of any kind, express or implied, with respect to this site or its contents, including without limitation the products, information or services offered or sold on or through this site or any Linked Site and the uninterrupted and error-free use of this site. Fitnesstack and its affiliates expressly disclaim all such representations and warranties, including without limitation all warranties of merchantability, accuracy, timeliness, completeness, fitness for a particular purpose and non-infringement. Fitnesstack and its affiliates do not warrant that the site or files available on the site will be free from corrupted data, computer viruses or similar destructive or contaminating code. No oral or written statements by Fitnesstack or its affiliates will create any warranty not expressly set forth herein. Your use of this site and any Linked Site is at your sole risk.
You should not use the information or services on this site for diagnosis or treatment of any health issue or for prescription of any medication or other treatment. You should always speak with your Healthcare Professional, and carefully read all information provided by the manufacturer of a product and on or in any product label or packaging, before using any medication or nutritional, herbal or homeopathic product, before starting any diet or exercise program or before adopting any treatment for a health problem. Each person is different, and the way you react to a particular product may be significantly different from the way other people react to such a product. You should also consult your physician or healthcare professional regarding any interactions between any medication you’re currently taking and nutritional supplements.
Fitnesstack is not responsible for any product or service sold on or through this site or any claims of quality or performance made on or through this site, including any claims of quality or performance made on or through any site to which this site links (each a “Linked Site”). You are advised that other sites on the Internet, including without limitation Linked Sites, might contain material or information that some people may find offensive or inappropriate; or that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others’ rights or otherwise unlawful. Fitnesstack expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any Linked Site.
Limitation of Liability
FITNESSTACK AND ITS AFFILIATES SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE THIS SITE, INCLUDING WITHOUT LIMITATION ANY LIABILITY (I) AS A PUBLISHER OF INFORMATION, (II) AS A RESELLER OF ANY PRODUCTS OR SERVICES, (III) FOR ANY DEFECTIVE PRODUCTS, (IV) FOR ANY INCORRECT OR INACCURATE INFORMATION, (V) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA, (VI) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, OR (VII) FOR ANY OTHER MATTER RELATING TO THIS SITE OR ANY LINKED SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF THE USER ADVISES OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FITNESSTACK AND THE USER. THE PRODUCTS, INFORMATION, AND SERVICES OFFERED ON AND THROUGH THIS SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. BECAUSE THE LAWS OF SOME STATES MAY NOT ALLOW FOR THE EXCLUSION OF CERTAIN DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Notwithstanding the foregoing, the sole and entire maximum liability of Fitnesstack and its affiliates for any reason, and your sole and exclusive remedy for any cause or claim whatsoever shall be limited to the amount paid by you for any product, information or service purchased by you from this site.
You agree to indemnify, defend and hold harmless Fitnesstack and its affiliates against all claims, demands, causes of action, losses, expenses, damages and costs, including without limitation any reasonable attorneys’ fees, resulting or arising from or relating to your use of or conduct on the site, any activity related to your account by you or any other person, any material that you submit to, post on or transmit through the site, your violation of these Terms of Use, your infringement or violation of any rights of another, or termination of your access to this site.
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 send you other information about us, the Site, our other websites, our products, sales promotions, our newsletters, SMS updates, anything relating to other companies in our group or our business partners. If you would prefer not to receive any of this additional information as detailed in this paragraph (or any part of it) please click the “unsubscribe” link in any email that we send to you or register as a Do Not Disturb user. Within 7 working days (days which are neither (i) a Saturday or Sunday, nor (ii) a public holiday anywhere in India) of receipt of your instruction we will cease to send you information as requested. In case of any clarity, you can contact our Customer support service”.
Governing Law as per Indian Jurisdiction
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of India.
Entire Agreement
This Agreement constitutes the entire Agreement between Fitnesstack and each user of this site with respect to the subject matter of this Agreement and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings, written or oral, with respect to the subject matter of this Agreement. You agree to review this Agreement prior to your use of this site and your use of this site shall be deemed acceptance of and assent to this Agreement by you.
