Terms & Conditions
(i) Introduction: FitGully Private Limited (the “Company“, “we“, “Fit Gully”, “us” or “our“) is a company incorporated under the Companies Act, 1956 with Mumbai as address. “You/you” or “Your/your” or “Yourself/yourself” shall mean reference to the Prospect or Customer or his/her representative and any other user or any natural or legal person accessing the Platforms or obtaining the Products or the Services.
The website https://fitgully.com (“Website”) is owned and managed by the Company. The website https://fitgully.com is a market place for people to engage in sale of fitness equipment along with subscribing to experience with respect to fitness equipment(s) or fitness advise in the form of Fitness Training, fitness programs, fitness advice, either collectively as a package or individual items through our Website (hereinafter referred to as “Services/Products”). The Website shall be collectively be referred to as “Platform”.
When you use the Platforms or send emails or other data, information or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.
iii) Transaction/Services: Through this Website, any User can subscribe to any Service such as a Fitness Trainer package consisting of Fitness Training, fitness programs, fitness advice offered in various range (“Experience”) by submitting the Subscription Programme Document and by signing up on the Platforms and placing such requesting the forma and manner provided by the Company for a chosen Experience by consenting to pay a monthly/quarterly/yearly subscription fee/rental (as the case may be). The Company may send a reminder to the User for the payment of monthly subscription fee/rental..
(v) Copyright: The content, organization, graphics, design, compilation, digital conversion and other matters related to the Website are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights.. You do not acquire ownership rights to any content, document or other materials viewed through the Website. The posting of information or materials on the Website does not constitute a waiver of any right in such information and materials.
You may view, copy, print and use content contained on this Website solely for your own personal use and provided that:
(1) the content available from this Website is used for informational and non-commercial purposes only;
(2) no text, graphics or other content available from this Website is modified in any way;
(3) no graphics available from this Website are used, copied or distributed separate from accompanying text;
(4) no content available from this Website may be used for any purpose which is offensive or which disparages, damages or otherwise negatively reflects upon Company, its products, its employees, consultants or its management. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or other grant of right to use any patent, copyright, trademark or other intellectual property of Company or any third party, except as expressly provided herein.
We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Website. Trademarks mentioned in the Website are either trademarks or registered trademarks of the Company.
(vi) Use of Website: You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve our right to bar any such activity.
You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.
You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the terms of Platforms, or otherwise engage in any conduct or action that might blemish the image or reputation, of FitGully or otherwise tarnish or dilute any FitGully’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
Reference to any product, process, publication, service, or offering of any third party by trade name, trademark, and manufacturer or otherwise does not necessarily constitute or imply the endorsement or recommendation of such by Company.
(ix) Product / Service Description: We do not warrant that Product / service description or other content of this Website is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.
FitGully does not make any representation or warranty as to specifics of the images displayed on the Website and the images have no bearing on the quality of the products displayed. The Users shall take no inference based on the images of the products offered. The price indications on the Website may vary due to some technical issue, typographical error or difference in product /services information and the Company shall not be responsible for the changed prices during the transaction.
(x) Payments and Deposit:
- You represent and warrant that if you are making any payments to us that:
(a) any credit, debit, net banking, cheque or any other mode of transfer information supplied by you is true and complete;
(b) charges incurred by you will be honored by your credit card/debit card/banking company, and
(c) you will pay the charges incurred by you at the posted prices, including any applicable taxes.
- All payments made against the purchases/services from FitGully by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. We will not facilitate a payment with respect to any other form of currency. By making a payment, you have specifically authorized FitGully and/or its service providers to collect, process, facilitate and remit payments. You understand, accept and agree that the payment facility provided by FitGully is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash on Delivery, collection and remittance facility for the transactions on Platforms using the existing authorized banking infrastructure and Credit Card payment gateway networks.
- We may use third-party payment facilitators who shall facilitate the recurring payments from your end to Us. The terms and conditions applicable to such transactions shall be as specified on the website of the third-party facilitator.
- By Signing the NACH mandate form or other similar form of payment, the User;
- Declares that the particulars provided in this mandate are correct and complete and hereby agrees to participate in the NACH/ECS/Direct Debit/Standing Instructions (SI) and make payments through the NACH platform according to the terms and conditions thereof.
- Agrees and acknowledges that FitGully will not be held responsible for any delay and/or failure in debiting customer’s bank account for reasons not attributable to the negligence and/or misconduct on the part of Fit Gully Pvt Ltd.
- Agrees to register for ECS / NACH (Debit Clearing) / Direct Debit / SI facility and that the payment towards rental dues to FitGully shall be made from bank account in the mandate form
- Authorizes the representatives of FitGully, agents of FitGully carrying this mandate form to get it verified and executed.
- Authorizes the Bank to debit the Customer’s bank account for any charges towards mandate verification, registration, transactions, returns, etc, as applicable for my/our participation in NACH/ECS/Direct Debit/SI.
- Customers are required to ensure adequate funds in their bank account on the date of Auto Debit transaction.
- FitGully will endeavour to debit the investor bank account on the relevant renewal date of the rental period of the User, however if there is any delay all such transactions are debited subsequently.
- FitGully or its authorized banker or agent will initiate the Auto Debit form registrations/ debit transactions
- FitGully / Sponsor Bank / NPCI are not liable for the bank charges, if any debited from investor’s bank account by the destination bank, on account of payment through NACH
- All rights and remedies as applicable in case of dishonor of a cheque, are available to FitGully against dishonour of electronic funds transfer instructions / NACH auto debit mandates under insufficiency of funds as are available under Section 138 of the Negotiable Instruments Act, 1881.
- Deposit – FitGully shall have the right to require you to provide a security deposit worth such amount equivalent to rental payments of the Initial subscription period for all the fitness equipment.
(xi) Refund/Return Policy: Following are our payment and refund terms:
- Users may pace a return request within 7 days of the delivery of the equipment’s purchased by the User.
- All Refunds For electronics payments, refund shall be made through payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (“RBI“).