Terms & Conditions

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”.

By using our Platforms, you are agreeing to comply with and be bound by the following Terms of Use. Please review the following Terms of Use carefully. If you do not agree to these terms, you should not use the Platforms or review information or subscribe to the Services or purchase our Products (“Transaction”) from Platforms.

(ii) General: You agree to the terms and conditions outlined in this Terms of Use (“Terms of Use”) with respect to Platforms. These Terms of Use constitute the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Platforms, or the Products/Services provided through the Platforms. This Terms of Use may be amended from time to time by us without specific notice to you. The latest Terms of Use will be posted on the Website, and you should review this Terms of Use prior to using the Website at each instance.

Your use of the Website and services are governed by the following Terms of Use as applicable to the Website including the applicable policies which are incorporated herein by way of reference. 

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.

The terms of Use stated herein shall only govern the Platforms of FitGully shall be governed by a separate Terms of Use (if any).

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.

You may not use the Website or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company.

(viii) Disclaimer and Limitations: Reasonable efforts are taken to ensure the accuracy and integrity of information and related materials provided by the Company on this Website, but the Company is not responsible for misprints, out-of-date information, technical or pricing inaccuracies, typographical or other errors appearing on this Website. Information and related materials are subject to change without notice. The information from or through the website is provided ”as is,” ”as available,” and all warranties, express or implied, are disclaimed (including, but not limited to, the disclaimer of any implied warranties of merchantability and fitness for a particular purpose). The information and services may contain bugs, errors, problems or other limitations. We and our affiliated parties have no liability whatsoever for your use of any information or service. In particular, but not as a limitation thereof, we and our affiliated parties are not liable for any direct or indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, litigation, or the like). The negation of damages set forth above is a fundamental element of the basis of the bargain between us and you. No advice or information, whether oral or written, obtained by you from us through the website shall create any warranty, representation or guarantee not expressly stated in this terms of use.

All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. we will not be liable to you for any direct or incidental, special or consequential damages of any kind that may result from use of or inability to use our website or in connection with these terms of use, even if user has been informed in advance of the possibility of such damages. Our maximum liability to you under all circumstances will be equal to the purchase price you pay for any products, services or information.

We view protection of your privacy as a very important principle. We understand clearly that you and your Personal Information is one of our most important assets. We store and process your information in accordance with Information Technology Act 2000 and Rules there under. Our current Privacy Policy is available at www.fitgully.com. If you object to your information being transferred or used in this way please do not use Website.

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.

Should any user of this Website send any feedback or data, such as ideas, comments, suggestions or questions regarding any Company product or service or the content of this Website, such information shall be deemed to be non-confidential, and Company shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose and distribute the information to others without limitation. Further, Company shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such ideas, concepts, know-how or techniques We reserve the right, and you authorize us, to use and assign all information regarding Website uses by you and all information provided by you in any manner consistent with our Privacy Policy.

(x) Payments and Deposit: 

1. 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.

1. 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.
2. 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.
3. 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.

1. 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“).