Welcome to the FiTrees. By accessing and using our website, you agree to comply with and be bound by the following Terms of Use. If you do not agree to these terms, please refrain from using our website.
Date of Last Revision: Fri, Sep 3rd, 2021
DEFINATIONS:
For the purposes of this Agreement, all the defined and captioned terms have such meaning as assigned to them herein below:
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“Buyers” shall mean Users who would use our Services to purchase fitness products and services through the website & applications.
- “Person” shall mean any natural person, any limited or unlimited liability company, corporation, partnerships (whether limited or unlimited), proprietorship, Hindu undivided family, trust, union, any association, government or any of its agency or any political subdivision thereof or any other entity that may be treated as a person under applicable law.
- “Privacy Policy” shall means the privacy policy of FiTrees with respect to treatment of Users’ information as provided here.
- “Sellers” shall mean individuals and organizations who or which display, market and sell their fitness products and services through the website and applications, but excludes FiTrees .
- “Services” shall mean services provided by FiTrees , including provision of website to Users, information about sellers, providing means to access them, sale of memberships and subscriptions and display, marketing and/or sale of fitness product and services by FiTrees through the Website, applications and other services provided through the website and applications to promote fitness, health and wellbeing.
- “Terms” shall mean these terms and conditions of use and service which form a part of the Agreement governing Users’ relationship inter se and with FiTrees .
- “Users” shall mean any Person who or which uses the Services, including Buyers and Persons who or which access the website, applications or any Content displayed thereof.
- “Website” OR "Application" shall mean the online platform www.FiTrees.com and applications as provided by FiTrees to provide Services, including facilitating display, marketing and sale of fitness products and services and information fitness and healthy lifestyle.
Any capitalized terms which are not defined above Clause will have such meaning as assigned to them under the respective Clauses of the agreement.
ACCEPTANCE OF TERMS
By accessing and using the FiTrees website and applications, you agree to comply with and be bound by the following terms and conditions. If you do not agree to these terms, please refrain from using the website and applications.
These terms of use of FiTrees (“Terms”) along with the privacy policy (“Privacy Policy”) together constitute a legally binding agreement (“Agreement”) between FiTrees (“FiTrees ” or “Us” or “We”) and the End User (“you” or “User”) that is Customer/Client or Member for using our Website & Applications (defined hereinafter).
INTELLECTUAL PROPERTY
All content on the FiTrees website & applications, including text, graphics, logos, images, audio clips, and software, is the property of FiTrees and is protected by copyright and other intellectual property laws. You may not reproduce, distribute, modify, or otherwise use any content without the express written consent of FiTrees.
INTERPRETATION
- Any references given with respect to the singular includes a same given to reference to the plural and vice versa, unless explicitly stated otherwise.
- Any reference to one gender includes a reference given to the other gender(s), unless explicitly provided for.
- The Headings and captions used herein is for the convenience only and not for interpretation of the Agreement.
- Any reference given to a natural person shall, include his/her heirs, executors and permitted assignees of that person and any reference to a juristic person shall, include its affiliates, successors and permitted assignees of that person, unless repugnant to the context.
USERS’ ELIGIBILITY AND APPROVAL
Users understand that FiTrees does not want the Users to access the Services provided by it, if Users do not understand them, approve of or accept each and every term specified in this Agreement. Hence, Users are requested to read these Terms and Privacy Policy carefully and understand this Agreement before approving, accepting and agreeing to be bound by it.
A User may accept this Agreement only when:
- if such User is a natural person of the legal age as provided by website, eligibility and mental capability to form a binding contract; or
- if such User is not a legal person, who is lawfully existing and has all the authorizations, permits and allowances to enter into this Agreement and form a binding contract; and
- such User is not legally barred or restricted from using any of the Services provided by website.
Users approve of and accept that ,this Agreement by accessing any of the Services offered by FiTrees , including by simply accessing the Website or any Content thereof.
USER CONDUCT:
Users are prohibited from engaging in any activity that may disrupt or interfere with the proper functioning of the website or applications. This includes, but is not limited to, hacking, unauthorized access, or any other harmful conduct.
PRIVACY POLICY:
- FiTrees respects the privacy of its users. Please refer to our Privacy Policy for information on how we collect, use, and protect your personal information.
- Privacy Policy explains how FiTrees treats Users’ data and protects Users’ privacy when Users use the Services. By using the Services, Users agree that FiTrees can use such User generated data according to Privacy Policy.
- Users are responsible for maintaining the confidentiality of passwords associated with any device or online accounts that Users use to access Services. Accordingly, a User is solely responsible for all activities that occur with use of such Users’ online account or device. If a User becomes aware of any unauthorized use of its online account of device, such User will immediately notify the relevant authorities of the same.
THIRD-PARTY LINKS:
The website or applications may contain links to third-party websites. FiTrees is not responsible for the content or practices of these websites and does not endorse or make any representations about them.
MODIFICATIONS:
FiTrees reserves the right to modify, suspend, or discontinue any aspect of the website & applications at any time without notice. We may also update these Terms of Use periodically, and your continued use of the website and applications constitutes acceptance of the updated terms.
GOVERNING LAW AND DISPUTE RESOLUTION:
These terms are governed by and construed in accordance with the laws of Mumbai, Maharashtra, India Jurisdiction. Any disputes arising from these terms or your use of the website and applications shall be subject to the exclusive jurisdiction of the courts in Mumbai, Maharashtra, India Jurisdiction.
USER REGISTRATION:
Some features of the FiTrees website and applications may require user registration. You agree to provide accurate and complete information during the registration process and to update your information to keep it accurate and current.
PROHIBITED ACTIVITIES:
Users are expressly prohibited from engaging in any illegal, abusive, or unethical activities on the FiTrees website and applications. This includes, but is not limited to, the transmission of malicious software, spam, or any content that violates applicable laws or regulations.
USER CONTRIBUTIONS:
If the FiTrees website allows users to submit content, you acknowledge and agree that any content you provide is non-confidential and may be used by FiTrees for promotional or informational purposes. You retain ownership of your content but grant FiTrees a non-exclusive, royalty-free license to use, reproduce, and distribute the content.
NO WARRANTIES
FiTrees, FiTrees’s officers, directors, employees, affiliates and agents and any other service provider responsible for providing Services in connection with this Agreement will not be liable for any acts or omissions, including of a third party, and including those vendors participating in FiTrees’s offerings made to Users, or for any unauthorized interception of data or breaches of this Agreement attributable in part to the acts or omissions of third parties, or for damages associated with FiTrees, or equipment that it does not furnish, or for damages that result from the operation systems, equipment, facilities or services or products provided by third parties that are interconnected with FiTrees.
FiTrees disclaims all warranties in relation to access to or provision of Services, whether express or implied, including but not limited to:
- Services being constantly available or available at all;
- Services being successfully executed in all cases;
- Website being always functional without any disruption, delay or error;
- User’s ability to use the Services, directly or indirectly;
- Users’ satisfaction with the Services;
- the accuracy of the data provided in the course of Service;
- the security and privacy of each User’s data;
- that all bugs or errors in relation to Services will be fixed or corrected;
- that Website will be compatible with all devices, all networks and all browsers;
- that use of Services is fit for a particular purpose or use, except as provided herein; or
- that Services and Contents is accessible in every location.
ACCESS RESTRICTION:
FiTrees reserves the right to restrict access to certain areas of the website or the entire website, and applications or all applications screens at its discretion. This may be done for maintenance, security, or any other reasons deemed necessary.
INDEMNIFICATION:
You agree to indemnify and hold FiTrees harmless from any claims, damages, or losses arising from your use of the website and applications, violation of these Terms of Use, or infringement of any intellectual property rights.
NOTICES:
FiTrees may post notices within the Website or applications or send Users notices on the registered e-mail address or the telephone numbers as shared by the Users with FiTrees . Users will deemed to have received such notices, if sent via e-mail, within 24 (twenty four) hours of FiTrees sending the notice. Use of Services by any User after expiry of 3 (three) days from the day notice was sent, shall constitute receipt and acceptance of the notices sent to the User.
DISCLAIMER:
ANY ADVICE RECEIVED OR INFERRED VIA THE SERVICES SHOULD NOT BE RELIED UPON BY THE USERS FOR ANY PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND USERS SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR TAILORED ADVICE, SPECIFIC TO SUCH USER’S SITUATION AND/OR MEDICAL CONDITION.
FITREES SHALL NOT BE RESPONSIBLE FOR VIRUSES, WORMS, TROJAN, AND OTHER HARMFUL OR DESTRUCTIVE CONTENT. THE WEBSITE MAY CONTAIN CONTENT THAT IS OFFENSIVE, INDECENT, INAPPROPRIATE OR OTHERWISE OBJECTIONABLE. THE WEBSITE MAY ALSO CONTAIN CONTENT THAT INFRINGES THE INTELLECTUAL PROPERTY AND OTHER PROPRIETARY RIGHTS, OF THIRD PARTIES, OR THE DOWNLOADING, COPYING OR USE OF WHICH IS SUBJECT TO CERTAIN ADDITIONAL TERMS AND CONDITIONS, STATED OR UNSTATED. FITREES DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM THE USE OF THE WEBSITE, OR FROM ANY DOWNLOADING OF CONTENT POSTED ON THE WEBSITE.
FITREES MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, OR SUITABILITY OF THE INFORMATION PROVIDED ON THE WEBSITE & APPLICATIONS. THE USE OF THE WEBSITE OR THE APPLICATIONS IS AT YOUR OWN RISK.
CONTACT INFORMATION:
If you have any questions or concerns about these Terms of Service, please contact us.
By using the FiTrees website & applications, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions.