TERMS AND CONDITIONS
TERMS OF USE
WELCOME TO FITEKYA
Legal Agreement
This user agreement (“Agreement”)
is an agreement between you and AKISMS WELLNESS LLP with respect to its product
in the name and style Fitekya ("Fitekya" or "we"
or "us" as the context requires) governing your use of Fitekya's
products, software and services with the characteristics and features as
described and featured on https://fitekya.com/ (“Website”) and your use of the various eat healthy nutritional
plans made available on the Website (“Marketplace”) (referred to
collectively as the "Services"). Fitekya may have subsidiaries,
directors, partners, designated personnel, agents, representatives and
affiliated legal entities around the world ("Subsidiaries and
Affiliates"), providing the Services to you on behalf of Fitekya. You
acknowledge and agree that the Subsidiaries and Affiliates will be entitled to
provide the Services to you under the terms of this Agreement.
By accessing the Website, at your option, registering thereon and thereafter
using the Services as a member you agree to be bound by this Agreement and the
terms contained in it. This Agreement governs your access and use of this
Website/Marketplace and applies to all visitors, users and others who access
the Services ("Users"). If you do not agree with the terms
contained in this Agreement, you are not permitted to use this Website/ Marketplace.
Fitekya will not be liable for any consequences arising from your unauthorized
use.
We may revise these terms of use at any time by amending this page and the terms hereof. The revised terms of use shall be posted on the Website and you are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. Some of these provisions may be superseded by provisions or notices published elsewhere on our Website. All changes are effective as soon as we post them and by continuing to use the Website and avail the Services, you agree to be bound by the revised terms and conditions of use. Your use of Website/ Marketplace is subject to the most current version of the terms of use posted on the Website at the time of such use.
Fitekya has created this Website/ Marketplace to provide Users, the Services
which includes, specially created and curated nutritional plans which have been
curated by certified nutritionists with the help of sources such as Indian
Council of Medical Research (ICMR), by evaluating individual to individual Body
Mass Index (BMI) and Basal Metabolic Rate (BMR). Fitekya aims to provide you
with guidance on enriched nutritional diet which leads to a healthy lifestyle,
we thrive on helping you help the community with nutritional foods and a
healthy lifestyle. While our nutrition recommendations are individual oriented
and consider several factors specific to each individuals health, fitness
level, fitness goals and lifestyle factors, we are not a medical organization,
and our recommended nutritional plans should not be misconstrued or
misinterpreted as medical advice, prescriptions, or diagnoses.
The Marketplace is an e-commerce marketplace platform made available on the Website, wherein Users are provided access to a variety of health and nutrition based diet plans (“Plans”). These Plans are listed for sale by Fitekya and multiple vendors on the Marketplace. The Users may place orders and purchase the Plans on the Marketplace using the payment gateway provided therein. The use of the Marketplace and the purchase of the Plans shall be governed by the terms hereof.
1. ACCESS
1. Access to the Services is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services (or any features within the Services) that we provide on our Website /Marketplace by notifying the same on our Website from time to time without prior notice to you. We will not be liable, if for any reason our Website/Marketplace or the Services (or any features within the Services/Marketplace) are unavailable at any time or for any period. We may at our sole discretion, from time to time, restrict access to some parts of our Website /Marketplace, or our entire Website /Marketplace, to Users who have registered with us.
2. Fitekya grants you permission to use the Services as set forth in this Agreement, provided that: (i) you will not copy or distribute, any part of the Services in any manner or in any medium whatsoever without Fitekya’s explicit authorisation; (ii) you will not alter or modify any part of the Services other than as may be reasonably necessary to use the Services for its intended purpose; (iii) you will not use, sell, copy or distribute any part or whole of the Services of Fitekya as your own; (iv) you shall not use any feature of the Website for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful; (v) you shall not misuse the information provided to you for your own gain as described in the Privacy Policy and; (iv) you will comply with the terms and conditions of this Agreement.
3. In order to access the Services, you will need to register on the Website and create a “Member” account. Your account gives you access to the Services and functionality that we may amend, establish and maintain from time to time in our sole discretion on the Website.
4. By using the Services and completing the registration process, you warrant that: (a) all the data provided by you is accurate and complete; (b) you shall maintain the accuracy of such information, and any changes thereto by regular updation of any such information; (c) you affirm that you are over 18 (eighteen) years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement; (d) you are competent, qualified, certified and eligible in accordance with the applicable laws of India, The Indian Medical Council Act, 1956 and The Indian Medicine Central Council Act, 1970 as maybe amended from time to time (e) you are eligible in accordance with applicable laws to enter into a binding contract and are not a person barred from receiving the Services under applicable laws; and (e) you may use the Website or such other Services provided through the Website only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. We shall not be liable for any injury, damage or other consequence, health related or otherwise arising out of any inaccuracy in the information provided by you on the Website. Your profile may be deleted by us by informing you 24 (twenty four) hours in advance without warning, or without any notice whatsoever, if we believe that you have violated any of the terms and conditions as mentioned under this Agreement or the Privacy Policy.
5. You must provide your full legal name, valid email address, valid and current phone number and any other information requested from you, from time to time, in order to complete the registration process and be entitled to use the Services. The information provided by you may be shared by us with any third party for providing the Services, record keeping purposes, internal procedures or for any other purposes and by using this Website you expressly consent to such sharing of the information provided by you.
6. Upon completing the registration process, you will be provided with a user identification code, password or any other piece of information, as part of our security procedures. You must treat such information as confidential, and you must not disclose it to any third party. You also agree to ensure that you exit/log out from your account at the end of each session. If in our opinion you have failed to comply with any of the provisions of this Agreement, we have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time. You will immediately notify Fitekya of any unauthorized use of your password or user identification code, by sending details of such unauthorized use to: support@fitekya.com
7. You are responsible for making all arrangements necessary for you to have access to our Website/Marketplace and thereby the Services. You are also responsible for ensuring that any persons who access our Website /Marketplace and thereby the Services through your account are aware of these terms, and that they comply with them. You are solely responsible and liable to Fitekya for all activities that take place or occur under your account. You agree that your ability to log into your account is dependent upon external factors such as internet service providers and internet network connectivity and we shall not be liable to you for any damages arising from your inability to log into your account.
8. Fitekya reserves the right to refuse access to use the Services offered at the Website/Marketplace to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so. Use of the account is not available to any User who is suspended or prohibited by Fitekya from using the Website or Services for any reason whatsoever.
2. MEMBERSHIP/REGISTRATION FOR THE SERVICES
1. Once you complete registration on the Website, you will be a member which:
a. allows you to access and post content on the Website/ Marketplace;
2. By providing Fitekya your email address/ phone number you consent to:
3. GRANT OF LICENSE
Subject to these terms and conditions of use, Fitekya grants you a non-transferable, non-exclusive, non-sublicensable limited right and license for you to access and use the Services solely for the purpose permitted.
4. PRIVACY AND YOUR PERSONAL INFORMATION
For information about Fitekya's data protection practices, please read Fitekya's privacy policy as set out below. This policy explains how Fitekya treats your personal information, and protects your privacy, when you use the Services.
5. TERMS OF USE OF THE MARKETPLACE
1. You may access and use the Marketplace to purchase Plans listed thereon by Fitekya from time to time.
2. Fitekya’s responsibility in terms of the Marketplace shall extend solely and exclusively to:
a. The provision of the platform for the Marketplace on the Website;
b. Collection of payments from Users using the third party payment gateway on the Marketplace. In the event of any disputed payments made, Fitekya shall pass on the dispute to the payment gateway provider for resolution. This shall be the extent of Fitekya’s obligations in this regard;
c. Delivery of the Plans to the Users who have placed orders on the Marketplace.
3. It is hereby clarified that the Plans listed on the Marketplace are listed by Fitekya
4. It is hereby clarified that Fitekya’s liability extends only till the delivery of the Plans to the Users, Fitekya shall not be responsible or liable in any manner whatsoever in the event the Users fail to abide by or follow the Plans. Fitekya shall not be responsible or liable towards any Users or to compensate any Users for any consequences caused as a result thereto.
5. There shall be no refunds or cancellations initiated or entertained, once an order is placed and processed on the Marketplace.
6. UPLOADING MATERIAL TO THE SERVICE
Whenever you make use of the Services (or any feature or part of the Services) that allows you to upload material on the Website /Marketplace, or to make contact with other users of our Website, you must comply with applicable data protection rules/laws and the content standards set out below. The content standards apply to each part of a contribution as well as to its whole. Your contribution must be accurate where it states facts, be genuinely held (where it states opinions), comply with the law applicable in any country from which it is posted; and be relevant to your posting or use of the Services.
7. Restrictions on Content
1. Your contribution must not:
a. Be defamatory of any person or institution;
b. Be obscene, offensive, pornographic, hateful, harmful, harassing, defamatory, vulgar, libelous, lewd, blasphemous, lascivious, invasive of another’s privacy, racially, ethnically or otherwise objectionable or inflammatory, disparaging, relating or encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever;
c. Violate the provisions of the Indian Penal Code, 1861, the Information Technology Act, 2000, Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, notified vide Notification G.S.R 313(E) issued by the Ministry of Communications and Information Technology or other applicable laws containing offences relating to content that is publicly accessible;
d. Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
e. Be harmful to minors;
f. Infringe any intellectual property including copyright, database right or trade mark of any other person;
g. Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
h. Be likely to harass, upset, embarrass, alarm or annoy any other person;
i. Impersonate any person, or misrepresent your identity or affiliation with any person;
j. Advocate, promote, incite any third party to commit, or assist any unlawful or criminal act;
k. Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism;
l. Be such that it is known by you to be false, inaccurate or misleading;
m. Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
n. Contain any computer viruses, any code, worms or other potentially damaging or limiting the functionality of any computer programs or files.
o. Threatens the unity, integrity, sovereignty of India, friendly relations with foreign states or public order or causes incitement to the commission of any cognizable offence or is insulting to another nation.
2. We hereby reserve the right to take down any content posted by you, which, in our sole discretion falls under the above restrictions.
8. RESTRICTION ON USE OF SERVICES
1. You are not permitted to and shall not do any of the following acts, the breach of which shall entitle Fitekya to terminate your use of the Services, without prejudice to any other rights or remedies we may have against you:
a. Distribute, sell, supply, modify, adapt, amend, incorporate, merge or otherwise alter the Services and all content provided to you as part of the Services;
b. Attempt to decompile, reverse engineer or otherwise disassemble any Service or content provided to you as part of the Services or the Website or the Marketplace;
c. Attempt to copy any software provided to you as part of the Services or the Website or the Marketplace and in particular its source code, or attempt to decrypt any part of such software that is provided to you;
d. Create any derivative work or version of any software provided by us in relation to or to facilitate your use of the Services or any content provided as part of the Services;
e. Remove, from the Services or any content provided as part of the Services, any logo, trademark, copyright or proprietary notices, legends, symbols, labels, watermarks, signatures or any other like marks affixed to or embedded in the Services;
f. Use the Services or any part of it to create a false identity, to impersonate any person or organization, or attempt to disguise the origin of any content;
g. Use any of Fitekya’s domain name as a pseudonymous return email address;
h. Access or use the Website/ Marketplace in any manner that could damage, disable, overburden, or impair any of the Website/ Marketplace’s servers or the networks connected to any of the servers on which the Website/ Marketplace is hosted;
i. Access or attempt to access any content that you are not authorized to access by any means;
j. Access the Website/ Marketplace through any other means other than through the interface that is provided by us;
k. Alter or modify any part of the Services; and
l. Disrupt or interfere with the security of, or otherwise cause harm to the Website, materials, system resources, or gain unauthorized access to the user accounts, passwords, servers or networks connected to or accessible through the Website/ Marketplace or any affiliated linked sites.
9. RIGHTS RESERVED BY FITEKYA
1. We have the right to disclose your identity to any third party who validly claims and provides evidence that any material posted or uploaded by you to our Website/Marketplace constitutes a violation of their intellectual property rights, or of their right to privacy.
2. We are not responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other User of the Services.
3. We have the right to immediately terminate your access or usage rights and remove non-compliant information or material, in case of non-compliance with these terms and condition, this Agreement or the Privacy Policy.
4. We have the right to investigate and prosecute violations of these terms and conditions to the fullest extent of the law and may involve and cooperate with law enforcement authorities in prosecuting Users who violate these terms and conditions.
5. While we have no obligation to monitor your access to or your use of the Services (or any feature or part of the Services), we have the right to do so for the purpose of operating the Website/ Marketplace and providing the Services, to ensure your compliance with these terms and conditions, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
6. Subject to the receipt of a complaint from a User, we have the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all content from any Services.
7. We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to: (a) satisfy any applicable law, regulation, legal process or governmental request; (b) enforce these terms and conditions, including investigation of potential violations hereof; (c) detect, prevent, or otherwise address fraud, security or technical issues; (d) respond to user support requests; or (e) protect the rights, property or safety of Fitekya, its Users and the public. Fitekya shall not be responsible or liable for the exercise or non-exercise of its rights under these terms and conditions in this regard.
8. We reserve the right to introduce or change the prices of all Services available on the Marketplace. A notice of such revision may be provided at any time by posting the changes to the terms and conditions of use or the Services on the Website itself.
9. Fitekya shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services.
10. BREACH OF CONTENT STANDARDS
1. When we consider that a breach of the content standards (as stated above) has occurred, we may at our discretion take such action as we deem appropriate. Failure to comply constitutes a material breach of the terms of use on which you are permitted to use the Service, and we may take any action legally available including all or any of the following actions:
a. Immediate, temporary or permanent withdrawal of your right to use the Services and simultaneous termination/suspension of your account on the Website;
b. Immediate, temporary or permanent removal of any contribution already posted on the Website /Marketplace using the Services, upon your failure to cure the breach that is brought to your notice;
c. Issue of a warning to you;
d. Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
e. Further legal action against you; and
f. Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
2. We hereby disclaim and exclude our liability for all action we may take in response to breaches of these rules. The actions described above are not limited, and we may take any other action we reasonably deem appropriate.
3. Upon such termination/suspension of your account, you will no longer be able to access your account or any content or data you have stored on the servers. All licenses granted to you by Fitekya to the Website/Marketplace or the Services will automatically terminate.
11. CONTENT
1. You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. You agree that you are solely and exclusively responsible for any and all content that you create, transmit or display while using the Services and you are solely and exclusively liable for the consequence of your actions (including any loss or damage which Fitekya may suffer). Fitekya exercises no control over the content posted on the Website/ using the Services. Your use of the content accessed or displayed using the Services is entirely at your own risk.
2. A search using the Services may produce results and links to sites and content that you may find objectionable, inappropriate, or offensive and we accept no liability of responsibility for any such content. It is also possible that your use of the Services will return to you information regarding products, merchants and links to websites of third parties selling the product information requested by you. Fitekya hereby disclaims any and all responsibility and liability associated with the same.
3. You acknowledge and agree that Fitekya is not liable for any loss or damage which may be incurred by you as a result of the availability of such external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
4. You shall be responsible for monitoring your content, documents and other data and shall be liable to us for ensuring that the content transferred to or handled by or within Services does not infringe any third party rights. You warrant that you possess such necessary licenses as may be required in order to process your content or use the Services.
5. You understand that the technical processing and transmission of the Services, including your Content, may be transferred unencrypted and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
12. DISCLAIMERS
1. The Services, may provide, links to other web sites or resources. Given that we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
2. You agree that your use of the Website/ Marketplace and the Services shall be at your sole risk. You expressly understand and agree that, to the maximum extent permitted by applicable law, the Website /Marketplace and the Services are provided on an “as is” and “as available” basis for your use, without warranties of any kind, express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising from course of dealing or usage of trade. Fitekya shall use all reasonable endeavors to ensure that the Services are uninterrupted but it does not guarantee or warrant that: (i) the Services will meet your specific requirements; (ii) the Services will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the Services will be accurate or reliable; and (iv) the quality of any Plans, services, information, or other material purchased or obtained by you through the Services will meet your expectations; and (v) any errors in the Services will be corrected.
3. The content of the Website/ Marketplace, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute/substitute professional medical advice, diagnosis, treatment or recommendations of any kind. You should always seek the advice of your qualified heath care professionals with any Questions or concerns you may have regarding your individual needs and any medical conditions. You agree that you will not under any circumstances disregard any professional medical advice or delay in seeking such advice in reliance on any content provided on or through the Website/ Marketplace. Reliance on any such content is solely at your own risk.
4. The content provided on or through this Website regarding drug or dietary supplements or plans for sale on the Marketplace have not been evaluated or approved by any regulatory authority including the Drug Controller of India.
13. BILLING AND PAYMENT
1. Certain aspects of the Services may be provided for a fee or other charge. If you elect to use paid aspects of the Services, you agree to the terms of sale, pricing, payment and billing policies applicable to such fees and charges. Fitekya may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion.
2. It is your responsibility to promptly provide Fitekya with any contact or billing information changes or updates (including phone number, email address, credit card numbers, etc.). Fitekya does not validate all credit card information required by the Customer's payment provider to secure payment.
3. You must notify Fitekya about any billing problems or discrepancies within 30 (thirty) days after charges first appear on their account statement. If it is not brought to Fitekya’s attention within 30 (thirty) days, you agree to waive your right to dispute such problems or discrepancies.
4. In respect of purchases made on the Marketplace, you hereby acknowledge and agree that no refund requests will be entertained in any manner whatsoever and no refunds will be initiated therefor.
14. INDEMNITY AND LIMITATION OF LIABILITY
1. You agree to defend, indemnify and hold harmless Fitekya, its Subsidiaries and Affiliates, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service and Website/ Marketplace; (ii) your violation of any term of this Agreement; or (iii) your violation of any third party right, including without limitation, any copyright, proprietary infringement, property, or privacy right; This defense and indemnification obligation will survive this Agreement and your use of the Services and Website /Marketplace.
2. The material displayed on our Website or Marketplace is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, our Subsidiaries and Affiliates and third parties connected to us hereby expressly exclude:
a. conditions, warranties and other terms, which might otherwise be implied by statute, common law or the law of equity;
b. Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Services, our Website/Marketplace or in connection with the use, inability to use, or results of the use of the Services or our Website/Marketplace, any websites linked to it and any materials posted on it, including, without limitation any liability for:
i. loss of income or revenue;
ii. loss of business;
iii. loss of profits or contracts;
iv. loss of anticipated savings;
v. loss of data;
vi. loss of goodwill;
vii. wasted management or office time; and
viii. for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable or advised of the possibility of the same.
3. Our liability to you shall under all circumstances be limited to a maximum of the amount paid by you (if any) at the time of registration on our Website to use the Services and/or the purchase price paid by you for Plans in the Marketplace. Fitekya accepts no liability whatsoever in the event you alter the nutritional plans.
4. Fitekya accepts no liability in the event the patient fails to follow the nutritional plans as have been prescribed. Fitekya is not responsible for the quality and quantities used by the patients for the fulfilment of the nutritional plans.
15. OFFENCES
1. You must not misuse our Website/ Marketplace by knowingly introducing viruses, trojans, worms, logic bombs, time bombs, cancel bots, spyware or other material, computer programming routines, codes, files or such other programs which are malicious or technologically harmful, or limit the interests of rights of other users or limit the functionality of any computer software, hardware or telecommunications. You must not attempt to gain unauthorized access to our Website /Marketplace, the server on which our Website/ Marketplace is stored or any server, computer or database connected to our site. You must not attack our Website/ Marketplace via a denial-of-service attack or a distributed denial-of service attack.
2. By breaching this provision, you would commit a criminal offence under the Information Technology Act, 2000 (and any amendments). We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website/ Marketplace will cease immediately.
3. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website/ Marketplace or to your downloading of any material posted on it, or on any Website//Marketplace linked to it.
16. SECURITY
We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
17. OWNERSHIP OF INTELLECTUAL PROPERTY INCLUDING TRADEMARKS/SERVICE MARKS
1. All right, title and interest in usage of the terms Fitekya.com including but not limited to all texts, graphics, user interfaces, visual interfaces, computer code and any other information associated therewith are reserved by us.
2. All right, title, and interest in and to the Services (excluding your Content) are and will remain the exclusive property of AKISMS WELLNESS LLP and its licensors. 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 permission of AKISMS WELLNESS LLP.
3. Except as expressly provided in these terms of use, no part of Fitekya and no content or marks, data, statistics, independent research conducted and posted by Fitekya may be copied reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way including (“mirroring”) to any other computer, server, website, or other medium for publication or distribution of any for any commercial enterprise, without prior written consent.
4. By accepting the use of terms hereunder you agree that Fitekya does not transfer/assign the title to the Website to you, and nothing in these terms and conditions shall imply or be deemed or construed to mean that any right, title and interest (including but not limited to intellectual property rights) stands transferred/assigned to you by Fitekya, we retain the full and complete right, title and interest to the Website, and all intellectual property, title and interest to the Website, and all intellectual rights therein. You may not redistribute, sell, decompile, reverse engineer, dissemble, or otherwise reduce the Website in any manner which is contrary to this Agreement.
5. Any usage of Fitekya’s contents, without the written authorization of Fitekya, shall be considered a breach of this Agreement, and you shall be required indemnify Fitekya for all liability incurred in this regard.
18. GOVERNING LAW
1. The jurisdictional court of Beed district shall have sole jurisdiction over any claim arising from, or related to, a visit to / use of the Website /Marketplace or the Services, although we retain the right to bring proceedings against you for breach of any of these terms and conditions in your country of residence, country of use or other relevant country. The laws of India govern this Agreement and these terms and conditions of use of the Services.
2. Fitekya accepts no liability whatsoever, direct or indirect, for noncompliance with the laws of any country other than that of India, the mere fact that Website/ Marketplace can be accessed or used or any facility can be availed of in a country other than India will not imply that we accede to the laws of such country.
19. RELATIONSHIP BETWEEN THE WEBSITE AND LEGAL NAME
The website https://fitekya.com/ is registered and owned by AKISMS WELLNESS LLP and usage of this Website and affiliated links is subject to the Terms of Use and Privacy Policy.
END USER LICENCE AGREEMENT
THIS END-USER LICENSE AGREEMENT ("EULA") IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU AND AKISMS WELLNESS LLP FOR ITS PRODUCT IN THE NAME AND STYLE OF FITEKYA ("FITEKYA"). BY CLICKING ON THE “I AGREE” BUTTON BELOW AND BY USING THE FITEKYA WEBSITE (THE “WEBSITE”) ON ANY COMPATIBLE DEVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE AGREEMENT OR THE TERMS AND CONDITIONS, THEN DO NOT CLICK “I AGREE”.
YOU MUST SCROLL DOWN TO THE END OF THIS EULA BEFORE YOU AGREE TO IT AND CONTINUE
WITH THE USAGE OF THE WEBSITE.
1. LICENSE
1. Subject to the terms and conditions of this EULA, the Company hereby grants you a limited, non-commercial, non-sub-licensable, non-exclusive, non-transferable right to use the Website.
2. The term “Website” includes any patches, revisions, updates, upgrades, software, code, files, images and other embedded software or replacements of the Website (the “Revisions”) that may be delivered to you or that you may receive or that may be released by Fitekya, unless other terms and conditions are provided with the Revisions. If such terms and conditions are provided, you will have to agree to those terms and conditions before you are entitled to receive the Revisions. You also agree that upon the upload of any Revisions, you are only permitted to use the Website as modified by the Revisions. You shall not either directly or indirectly, or through any third party, modify, adapt, translate, redistribute, rent, lend, network, lease, loan, issue, resell, for profit, or create derivate works based on the Website and any portion thereof.
2. RESTRICTIONS ON USE
The following restrictions shall apply to your use of the Website and the license granted herein:
1. You hereby acknowledge and agree to use the Website as permitted in this Agreement;
2. You shall not copy or reproduce any portion of the Website;
3. You shall only use the Website for your own personal, non-commercial use;
4. You shall not distribute, share, transfer, sell, lease or rent the Website or any part of it to any other person;
5. You shall not change, alter, modify or create derivative works, enhancements, extensions or add-ons to the Website or any part of it;
6. You shall not remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Fitekya or its affiliates, partners, agents, representatives, or the licensors of the Website;
7. You shall not use the Website for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
8. You shall not use any electronic communication feature of the Website for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful.
9. You shall not use any proprietary information or interfaces of Fitekya or other intellectual property of Fitekya in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use of the Website;
10. You will not collect or store personal information about other users other than as permitted for the use of the Website.
11. You shall not decompile, reverse engineer or disassemble the Website or any part of it either in whole or any portion of any component, thereof and in anyway create, develop or derive, including without limitation to any operational, technical, programming technique/sequence, feature, interface, algorithm, video, audio, imagining, graphics, texts, animations, routine or conditions from the Website; and
12. Violate any applicable laws, rules or regulations in connection with your access or use of the Website;
13. You will at all times comply with, and will not circumvent or attempt to circumvent, any of the restrictions on use set forth anywhere in this EULA.
3. INTELLECTUAL PROPERTY RIGHTS
1. The Website may feature trademarks, logos, service marks, product names and designations, by making these trademarks available through the Website and in content, Fitekya is not selling you the Website to use it in any manner, and you are not granted any rights under any of Fitekya’s intellectual property rights.
2. This EULA does not grant you any rights to trademarks, copyrights or patents of the Licensor.
3. Any unauthorized copying, displaying, selling or distributing or other use of any content of the Website is a violation of the law.
4. DISCLAIMER
1. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ARE USING THE WEBSITE AT YOUR OWN RISK. THE WEBSITE AND ALL DATA AND CONTENT PROVIDED THROUGH THE WEBSITE IS PROVIDED “AS IS”, “WITH ALL FAULTS” AND WITHOUT WARRANTY, TERMS OR CONDITIONS OF ANY KIND. FITEKYA AND EACH OF ITS LICENSEES, AFFILIATES AND AUTHORIZED REPRESENTATIVES (THE “PARTIES” OR “PARTY’) EXPRESSLY AND SPECIFICALLY DISCLAIM ALL WARRANTIES, TERMS OR CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT AND FITNESS FOR A GENERAL OR PARTICULAR PURPOSE WITH RESPECT TO THE WEBSITE AND CONTENT OR THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE FITEKYA CANNOT AND DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE WITHOUT INTERRUPTIONS, THAT IT WILL BE FREE FROM VIRUSES AND ERRORS, AND WILL MEET YOUR REQUIREMENTS. NO ORAL, WRITTEN OR ELECTRONIC INFORMATION OR ADVICE GIVEN BY ANY PARTY SHALL CREATE ANY WARRANTY, TERM OR CONDITION WITH RESPECT TO THE WEBSITE OR OTHERWISE.
2. THE WEBSITE MAY BE SUBJECT TO BREACHES OF SECURITY AND FITEKYA SHALL NOT BE HELD RESPONSIBLE FOR ANY RESULTING DAMAGE TO ANY USER’S DEVICE FROM ANY SUCH BREACH INCLUDING BUT NOT LIMITED TO ANY VIRUS, BUGS, TAMPERING, UNAUTHORIZED, INTERVENTION, OMISSION, DELETION, DEFECT.
3. FITEKYA PROVIDES NO ASSURANCE THAT ANY SPECIFIC ERRORS OR DISCREPANCIES WILL BE CORRECTED.
4. FITEKYA IS NOT LIABLE FOR ANY NETWORK FAULTS OR DOWNTIME IN NETWORK SERVICES. YOU AGREE AND ACKNOWLEDGE THAT RELAY OF TEXT MESSAGES IS NETWORK DEPENDANT AND FITEKYAS IS NOT RESPONSIBLE FOR ANY MESSAGES FAILING TO REACH THEIR INTENDED RECIPIENTS.
5. LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCE WILL FITEKYA, ITS AGENTS, OR LICENSORS BE LIABLE TO YOU ON ACCOUNT FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE YOUR MISUSE OF THE SOFTWARE. FITEKYA SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES INCLUDING BUT NOT LIMITED TO DAMAGES OF PERSONAL INJURY, EITHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE, ARISING OUT OF THE BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, TERM OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY MISREPRESENTATION, FAILURE OF ANY REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE OR ANY OTHER LEGAL THEORY ARISING OUT OF, OR RELATED TO, THIS AGREEMENT OR YOUR USE OF THE WEBSITE (SUCH DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, LOSS OF PROFITS, BUSINESS INTERRUPTION, SAVINGS, LOSS OF PRIVACY OR ANY OTHER PECUNIARY LOSS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF USE OF THE WEBSITE, EVEN IF FITEKYA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE ENTIRE LIABILITY OF FITEKYA SHALL BE LIMITED TO THE AMOUNT PAID BY YOU TO SUBSCRIBE TO THE SERVICES PROVIDED ON THE WEBSITE.
6. DAMAGES
Without prejudice to any other rights, Fitekya may terminate this EULA if you fail to comply with or breach the terms and conditions of this EULA or for any other reason upon delivery of notice, unless such breach, where capable of cure, is cured by you immediately upon receipt of a notice of such breach from Fitekya. In such event, you must cease use of the Website and destroy all copies of the Website/Marketplace and all of its component parts and associated documents. You agree that Fitekya may remotely disable the Website in the event of termination under this section.
8. ENTIRE AGREEMENT
1. This EULA constitutes the entire agreement between you and Fitekya relating to the Website and supersedes all prior or contemporaneous oral or written communications including but not limited to any terms and conditions of purchase, proposals and representations with respect to the Website or any other subject matter covered by this EULA. The headings in this agreement are for convenience and reference only and do not affect the interpretation of this EULA.
2. The provisions of the terms of service set out above and privacy policy set out below shall be read together with this EULA and are deemed to be an integral part of this EULA. While this EULA governs your use of the Website, the terms of service and privacy policy govern your access and use of the services offered on the Fitekya website.
9. SEVERABILITY
If any provision of this EULA is held to be void, invalid, unenforceable or illegal, by a court of competent jurisdiction then the other provisions shall continue to be in full force and effect. Such invalid or unenforceable provision(s) shall be replaced by (a) valid and enforceable one(s) which achieve(s) to the extent possible the original purpose of the invalid provision(s).
The laws of the republic of India govern this EULA. All disputes are subject to the jurisdiction of the courts in Beed district and you submit to such jurisdiction.
11. GRIEVANCE OFFICER
In accordance with Information Technology Act 2000 and rules made
there under, the name and contact details of the Grievance Officer are provided
below:
In the event of any complaints or concerns with respect to the website or our
services, please contact our Grievance Redressal Officer at support@fitekya.com.