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TERMS AND CONDITIONS OF SERVICE
Effective Date: January, 2021
THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INDIAN CONTRACT ACT 1872; THE INFORMATION TECHNOLOGY ACT 2000, THE RULES MADE THEREUNDER; AND THE AMENDED PROVISIONS PERTAINING TO THE ELECTRONIC RECORDS IN VARIOUS OTHER STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000.
THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.
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You may use our Service only if you are legally able to form a binding contract with Fitbee, and only in compliance with these Terms and all applicable laws. When you create your account you must provide us with accurate and complete information. Failure to provide us with accurate information may limit the functions and features available and the termination of your account. You may not:
This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Fitbee. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Site or of Fitbee and its affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing the Site’s or Fitbee’s name or trademarks without the express written consent of Fitbee. Any unauthorized use terminates the permission or license granted by Fitbee.
We care about the security of our users and ask that you keep your username and password in a safe place. We are compliant with General Data Protection Regulation (GDPR). While we work to protect the security of your User Content and account, we cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account. You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, username, or any account rights.
From time to time, FITBEE or its suppliers, advertisers, customers or partners may conduct promotions on or through the Service, including without limitation auctions, contests, sweepstakes and electronic postcards (“Promotions”). Each such Promotion may have additional terms, conditions and rules which will be posted or otherwise made available to you and, for purposes of each Promotion, will be deemed incorporated into and form a part of these Terms of Service (the “Rules”). If any conflict arises between these Terms of Service and the Rules, the Rules shall govern for purposes of your participation or involvement in the Promotion to which the Rules relate.
We may terminate or suspend this license and your access at any time, with or without cause or notice to you. Upon termination, you continue to be bound by these Terms. Notwithstanding the foregoing, in the event you have a paid subscription, we will suspend your account for cause following written notice and an opportunity to cure such breach. If such breach remains uncured after 10 (ten) days following transmission of such notice, we will terminate your account without refund. In the event you are able to cure such breach to our satisfaction, at our sole subjective discretion, we will reinstate your account.
If you use our Service for commercial purposes in violation of these Terms, as determined in our sole subjective discretion, you agree to indemnify and hold harmless FITBEE and its officers, directors, employees, affiliates and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defence of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of our Service, (b) your User Content, or (c) your breach of any of these Terms.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FITBEE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
THE AGGREGATE LIABILITY OF FITBEE, IF ANY, THAT IS ESTABLISHED AND ORDERED BY A COURT OF COMPETENT JURISDICTION PURSUANT TO A CLAIM, SHALL IN NO EVENT EXTEND BEYOND REFUND OF THE MONEY CHARGED FROM A USER FOR THE SERVICES AVAILED PURSUANT TO AN ORDER UNDER WHICH SUCH LIABILITY HAS ARISEN AND BEEN ESTABLISHED.
IT IS ACKNOWLEDGED AND AGREED THAT NOTWITHSTANDING ANYTHING TO THE CONTRARY, FITBEE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, WHETHER IN CONTRACT OR IN TORT, FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL LOSSES OR DAMAGES, INCLUDING ON GROUNDS OF LOSS OF PROFIT, LOSS OF REPUTATION OR LOSS OF BUSINESS OPPORTUNITIES.
For any dispute you have with Fitbee, you agree to first contact us and attempt to resolve the dispute with us informally. If we have not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the Arbitration and Conciliation Act, 1996, as amended, except as provided herein. The Arbitration shall take place in Hyderabad, Telangana in English. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent Fitbee from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service by any User.
This Terms and Conditions of Service was last updated on June 20th, 2021.
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