Terms and Conditions

FITology Private Limited

TERMS & CONDITIONS

This document is an electronic record in terms of Information Technology Act, 2000 and rules made there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2008. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This website is owned and managed by FITology Private Limited having its registered office at 15/352, K.G. Clinic Building, Barnala Road, Sirsa, Haryana 125055. By accessing and using the www.fitology.in web site, (the “Website”), you are agreeing to be legally bound by these Terms & Conditions. The terms “you” and “User” refer to anyone who accesses the Website. Further, reference to “we”, “us”, “our” and “FITology” shall mean FITology Private Limited and includes its associates, affiliates and subsidiary (ies).

As you browse through the website, you may access other web sites that are subject to different terms of use. When you use those sites, you will be legally bound by the specific terms of use posted on such sites. If there is a conflict between these Terms & Conditions and the other terms and conditions, the other terms & conditions will govern with respect to use of such pages.

We may change these Terms & Conditions at any time without notice. Changes will be posted on the website under “Terms & Conditions”. Your use of the Website after any changes have been posted will constitute your agreement to the modified Terms & Conditions and all of the changes. Therefore, you should read these Terms & Conditions from time to time for changes.

1)     USE OF THE WEB SITE

FITology hereby grants you a non-exclusive, non-transferable, limited license to access and use the Website for the fees, if applicable, and under the terms set forth below.

The Website and the content, including, but not limited to, text, data, reports, opinions, images, photos, graphics, graphs, charts, animations and video (the “Content”), displayed on the Website, may be used only for your personal and non-commercial use. Except as otherwise permitted under these Terms & Conditions, you agree not to copy, reproduce, modify, create derivative works from, or store any Content, in whole or in part, from the Website or to display, perform, publish, distribute, transmit, broadcast or circulate any Content to anyone, or for any commercial purpose, without the express prior written consent of FITology.

The Content is the exclusive property of FITologyor its licensors, and is protected by copyright and other intellectual property laws. All trade names, trademarks, service marks and other product and service names and logos on the Web Site and within the Content are proprietary to their respective owners and are protected by applicable trademark and copyright laws. Any of the trademarks, service marks or logos (collectively, the “Marks”) displayed on the Website may be registered or unregistered marks of FITologyor others. Nothing contained on this Website should be construed as granting any license or right to use any of the Marks displayed on the Website without the express written permission of FITologyor a third party owner of such Marks. Any unauthorized uses of the Marks or any other Content are strictly prohibited. To request permission to use any Content or other FITology material, please contact us at fitmeup@fitology.com

You may not use the Website for any purpose mentioned in Clause 4. You shall honor all reasonable requests by the website to protect FITology’s proprietary interests in the website. It is without any doubt, understood and agreed that you alone are responsible for your use of the Website and agree to the terms and conditions.

2)     LIMITATION OF LIABILITY

You are entirely liable for activities conducted by you in connection with your browsing and use of the Web Site. If you are dissatisfied with the Content or the Website or with these Terms of Use, your sole and exclusive remedy is to stop using the Content and the Website. The website will not pay you any damages in connection with your browsing or use of the Web

Due to the number of sources from which the Content is obtained and the potential hazards of electronic distribution, there may be delays, omissions or inaccuracies in such Content and the Website. THE CONTENT AND THE WEBSITE ARE PROVIDED “AS IS”, WITHOUT ANY WARRANTIES. NEITHER THE WEBSITE NOR FITOLOGY MAKES ANY GUARANTEES OR WARRANTIES AS TO THE ACCURACY, COMPLETENESS, TIMELINESS OR CURRENTNESS OF OR RESULTS TO BE OBTAINED FROM, ACCESSING AND USING THE WEBSITE, THE WEBSITE’S OWN CONTENT, THE OTHER CONTENT, NOR ANY MATERIAL THAT CAN BE ACCESSED (VIA A DIRECT OR INDIRECT HYPERLINK OR OTHERWISE) THROUGH THE WEBSITE. THE WEBSITE HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE AND OF NONINFRINGEMENT. NEITHER THE WEBSITE NOR FITOLOGY SHALL BE LIABLE TO THE USER OR ANYONE ELSE FOR ANY INACCURACY, DELAY, INTERRUPTION IN SERVICE, ERROR OR OMISSION, REGARDLESS OF CAUSE, OR FOR ANY DAMAGES RESULTING THEREFROM. IN NO EVENT WILL THE WEBSITE, FITOLOGY NOR ANY OF THEIR THIRD PARTY LICENSORS ACCESSIBLE THROUGH THE WEBSITE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST TIME, LOST MONEY, LOST PROFITS OR GOOD WILL, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEN OR UNFORESEEN WITH RESPECT TO ANY USE OF THE WEBSITE. NEITHER THE WEBSITE NOR ANY OF ITS AFFILIATES, AGENTS OR LICENSORS WILL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY RESULTING FROM USE OF THE WEBSITE, IN WHOLE OR PART, WHETHER CAUSED BY NEGLIGENCE, CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE WEBSITE AND ANY CONTENT AT THE WEBSITE OR OTHERWISE. IN NO EVENT WILL THE WEBSITE, ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT OR THE WEBSITE.

We warrant that reasonable measures to protect you, your identity and your computer system have been undertaken however we assume no responsibility for any liability arising out of your use of third party software on the website and shall have no liability whatsoever to any person or entity for the accuracy or completeness of any outcome generated by such software. It is your responsibility to verify the identity or status of any such links with whom you deal, not ours, and you are solely responsible for how you choose to interact with them and what information you choose to share with them.

In no event shall FITology, its officers, directors or employees, be liable to you. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

3)     LINKS TO OTHER WEB SITES

You may, through hypertext or other computer links, gain access to web sites operated by persons other than the website. Such hyperlinks are provided for your reference and convenience only, and are the exclusive responsibility of such web sites’ owners. You agree that the website is not responsible for the content or operation of such web sites, and that the website shall have no liability to you or any other person or entity for the use of third party web sites. A hyperlink from this Website to another web site does not imply or mean that the website endorses the content on that web site or the operator or operations of that site. You are solely responsible for determining the extent to which you may use any content at any other web sites to which you link from the Website.

4)     ANTI-HACKING PROVISION

You expressly agree not to use this Website in any manner or for any purpose that is prohibited by these terms and conditions. In addition, you expressly agree not to:

(1) use the Website for any purpose that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation;

(2) use or attempt to use any “deep-link,” “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code” or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the Web Site or any data or content found on or accessed through the Website without prior express written consent; or contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancel-bots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;

(3) obtain or attempt to obtain through any means any materials or information on the Website that have not been intentionally made publicly available either by their public display on the Website or through their accessibility by a visible link on the Website;

(4) in any way bypass or circumvent any other measure employed to limit or prevent access to the Website or its content;

(5) violate the security of the Website or attempt to gain unauthorized access to the Website, data, materials, information, computer systems or networks connected to any server associated with this Website, through hacking, password mining or any other means;

(6) interfere or attempt to interfere with the proper working of the Website or any activities conducted on or through the Website, including accessing any data, content or other information prior to the time that it is intended to be available to the public on the Website;

(7) take or attempt any action that, in the sole discretion of this Website’s operators, imposes or may impose an unreasonable or disproportionately large load or burden on the Website or such operation’s infrastructure.

(8) you shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or service on the blog of FITology or otherwise:

(a). is grossly harmful, harassing, blasphemous, defamatory, obscene, sexually explicit, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;

(b). harm minors in any way;

(c). infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;

(d). involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;

(e). impersonate another person and shall not be false, inaccurate or misleading;

(f). shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.

(g). shall not link directly or indirectly to or include descriptions of items, goods or services that are prohibited under the User Agreement or any other applicable law for the time being in force including but not limited to the Drugs and Cosmetics Act, 1940, the Drugs And Magic Remedies (Objectionable Advertisements) Act, 1954, the Indian Penal Code, 1860, Information Technology Act 2000 as amended time to time and rules there under;

• Intellectual Property Infringement Claim Notice and Procedure

Notification of any intellectual property infringement claim must be submitted to the following address:

15/352, K.G. Clinic Building, Bhagat Singh Colony, Barnala Road, Sirsa, Haryana 125055

The notification must be in writing and include:

1. A signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of each alleged infringing intellectual property work or works;
3. Identification of the allegedly infringing material and information reasonably sufficient to enable us to locate such material;
4. Information reasonably sufficient to enable us to contact the party complaining of an alleged infringement (e.g. an address, telephone number, and email address);
5. A statement that the complaining party has a good-faith belief that use of the allegedly infringing material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

• ADDITIONAL LEGAL TERMS

This Terms and Conditions document will continue until terminated by either the User or you. FITology may discontinue or change the Website or its availability to you, at any time.

This Terms and Conditions constitutes the entire agreement between the parties relating to Website and supersedes any and all other agreements, oral or in writing, with respect to the Website but shall be read in accordance with the Privacy Policy. The failure of the Website, to insist upon strict compliance with any term of this Terms and Conditions shall not be construed as a waiver with regard to any subsequent failure to comply with such term or provision. It is personal to you, and you may not assign your rights or obligations to anyone. If any provision is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. Your rights and obligations and all actions contemplated herein shall be governed by the laws of India and subject to jurisdiction of courts of Haryana, as if the Terms and Conditions was a contract wholly entered into and wholly performed within Haryana, and any litigation shall be brought exclusively in the courts of Haryana. All rights not expressly granted herein are reserved.