Terms and Conditions

Please read the following terms and conditions very carefully as your use of service is subject to your acceptance of and compliance with the following terms and conditions (“Terms”).

By subscribing to or using any of our services you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use the services. If you do not want to be bound by the Terms, you must not subscribe to or use our services.

In these Terms, references to “you”, “User” shall mean the end user accessing the Website, its contents and using the Services offered through the Website. “Service Providers” mean independent third party service providers, and “we”, “us” and “our” shall mean Tvastar Integrated Marketing Pvt Ltd, its franchisor, affiliates and partners.

User Account, Password, and Security:

You will receive a password and account designation upon completing the Website’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Fitabana /Fitabana.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Fitabana/Fitabana.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

Services Offered:

Fitabana.com/ Fitabana provides a number of Internet-based services through the Website (all such services, collectively, the “Service”). One such service enables users to purchase original merchandise such as Gym equipment, Health supplements , Fitness accessories, sports clothes, sport shoes, yoga accessories, gymnasium, weight gaining and loosing program etc. (collectively known as “Products”). Upon placing an order, Fitabana.com/ Fitabana shall ship the product to you and be entitled to its payment for the Services.

Privacy Policy:

The User hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy of Fitabana.com/Fitabana the Website. The user further consents that the terms and contents of such Privacy Policy are acceptable to him.

Channel Subscription:

By providing your data, you agree to be communicated by us via email and sms to facilitate your navigation of and shopping from the website. We may communicate pro motional offers periodically and as and when required.

Limited User:

The User agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any photographs, designs, drawing, etching, graphic, work of art, painting, information or software obtained from the Website. Limited reproduction and copying of the content of the Website is permitted provided that Fitabana’s name is stated as the source and prior written permission of Fitabana/Fitabana.com is sought. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.

User Conduct and Rules:

You agree and undertake to use the Website and the Service only to post and upload messages and material that are proper. By way of example, and not as a limitation, you agree and undertake that when using a Service, you will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
Upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents;
Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer;
Conduct or forward surveys, contests, pyramid schemes or chain letters;
Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
Violate any applicable laws or regulations for the time being in force in or outside India; and
Violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein.
Exploit any of the services. We reserve the right to deprive individual customers of our Cash on Delivery payment option. Moreover, we might refuse any of our services, terminate accounts, and/or cancel orders at our discretion, including but not limited to, if we believe that customer conduct violates applicable law or is harmful to our interests.
You shall not make any derogatory, defamatory, abusive, inappropriate, profane or indecent statement/s and/or comment/s about Fitabana.com/Fitabana its associates and partners on any property owned by Fitabana.com/ Fitabana.

No Compensation Policy:

Fitabana.com/ Fitabana hereby disclaims any guarantees of exactness as to the finish and appearance of the final Product as ordered by the user. If the quality of any products, services, information, or other material purchased or obtained by you through the Website did not meet your expectations, no compensation or Return or refund or Size Exchange of the product would be made, as all of our products are made as all our products are manufactured/developed/created/produced/drawn on specific request of customers/users and are prepared keeping in mind the specifications prescribed. Fitabana/Fitabana.com holds the rights to cancel orders and block accounts of such customers without any prior notice.

User Warranty and Representation:

The user guarantees, warrants, and certifies that you are the owner of the content which you submit or otherwise authorised to use the content and that the content does not infringe upon the property rights, intellectual property rights or other rights of others. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name service mark, and copyright formerly or currently used by you in connection with the Services rendered by Fitabana.com/ Fitabana

Exactness Not Guaranteed:

Fitabana.com/ Fitabana hereby disclaims any guarantees of exactness as to the finish and appearance of the final Product as ordered by the user. The quality of any products, services, information, or other material purchased or obtained by you through the Website may not meet your expectations. Alterations to certain aspects of your order such as the picture size, resolution, colour, shape, units, weight etc. may be required due to limitations caused by availability of product difference. In this instance you agree that a representative from Fitabana.com/ Fitabana will call you or send an approval request via the email address which you submitted when placing your order. Post which you shall not retain the right to reject the requested production to be changed. Fitabana.com/ Fitabana may re-request that you carefully examine your choice of picture/design/pattern/accessories etc before finalising a product for purchase.

Intellectual Property Rights:

Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned on the website, Fitabana.com/ Fitabana owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to Fitabana.com/ Fitabana without obtaining authorisation from Fitabana.com/ Fitabana.

Not with standing the foregoing, it is expressly clarified that you will retain ownership and shall solely be responsible for any content that you provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our various Service. However, with regard to the product customization Service (as against other Services like blogs and forums) you expressly agree that by uploading and posting content on to the Website for public viewing and reproduction/use of your content by third party users, you accept the User whereby you grant a non-exclusive license for the use of the same.

Links To Third Party Sites:

The Website may contain links to other websites (“Linked Sites”).The Linked Sites are not under the control of Fitabana/Fitabana.com or the Website and Fitabana/Fitabana.com is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Fitabana/Fitabana.com is not responsible for any form of transmission, whatsoever, received by you from any Linked Site. Fitabana/Fitabana.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Fitabana/Fitabana.com or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.

Disclaimer of Warranties/limitation of Liability:

Fitabana/Fitabana.com has endeavoured to ensure that all the information on the Website is correct, but Fitabana/Fitabana.com neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or Service. In no event shall Fitabana/Fitabana.com be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Services;(b) unauthorized access to or alteration of the user’s transmissions or data;(c) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or Service. Neither shall Fitabana/Fitabana.com be responsible for the delay or inability to use the Website or related services, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, Fitabana/Fitabana.com shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond Fitabana.com’s control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.

Indemnification:

You agree to indemnify, defend and hold harmless Fitabana/Fitabana.com from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Fitabana/Fitabana.com that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms.

Governing Law:

These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Noida.

Pricing:

Prices for products are described on our Website and are incorporated into these Terms by reference. All prices are in Indian rupees. Prices, products and Services may change at Fitabana/Fitabana.com’s discretion.

In accordance with brand guidelines, prices might change when the stocks are replenished.

Service Fees:

Fitabana/Fitabana.com reserves the right to introduce fees for the services offered or amend existing fees as the case may be. Changes to the Fee Policy shall automatically become effective immediately after they are posted on the Website.

Tax:

GST is an indirect tax which is consumption based and is levied by the state government to be borne / paid by the ultimate consumer / shopper.

Termination:

Fitabana/Fitabana.com may suspend or terminate your use of the Website or any Service if it believes, in its sole and absolute discretion that you have breached any of the Terms.
If you or Fitabana/Fitabana.com terminates your use of the Website or any Service, Fitabana/Fitabana.com may delete any content or other materials relating to your use of the Service and Fitabana/Fitabana.com will have no liability to you or any third party for doing so.
You shall be liable to pay for any Service or product that you have already ordered till the time of Termination by either party whatsoever. Further, you shall be entitled to your royalty payments as per the User License Agreement that has or is legally deemed accrued to you.

Headings:

The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of the Terms or the right to use the Website by you contained herein or any other section or pages of the Website or any Linked Sites in any manner whatsoever.

Interpretation of Number And Genders:

The Terms herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words “include”, “includes” and “including” shall be deemed to be followed by the phrase “without limitation”. Unless the context otherwise requires, the terms “herein”, “hereof”, “hereto”, “hereunder” and words of similar import refer to the Terms as a whole.

Severability:

If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.

Report Abuse:

As per these Terms, users are solely responsible for every material or content uploaded on to the Website. Fitabana/Fitabana.com does not review the contents in any way before they appear on the Website. Fitabana/Fitabana.com does not verify, endorse or otherwise vouch for the contents of any user or any content generally posted or uploaded on to the Website. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. If you come across any abuse or violation of these Terms, please report to reportabuse@fitabana.com

Unauthorized Charges on your card

If you see charges on your credit/debit card for purchases made on . Fitabana/Fitabana.com, but you never created an account or signed up, please check with your family members or business colleagues authorized to make purchases on your behalf, to confirm that they haven’t placed the order. If you’re still unable to recognize the charge, please report the unauthorized purchase within 60 days of the transaction to enable . Fitabana/Fitabana.com to begin an investigation.

Cancellation of Fraudulent/Loss to business Orders:

To provide a safe and secure shopping experience, we regularly monitor transactions for fraudulent activity. In the event of detecting any suspicious activity, Fitabana/Fitabana.com reserves the right to cancel all past, pending and future orders without any liability. Fitabana/Fitabana.com also reserves the right to refuse or cancel orders in scenarios like inaccuracies in pricing of product on website and stock unavailability. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your card has been charged, the said amount will be reversed to your Card Account. Any promotional voucher used for the cancelled orders may not be refunded.

The customer may be considered fraudulent if any of the following scenarios are met:

Customer doesn’t reply to the payment verification mail sent by Fitabana/Fitabana.com.;
Customer fails to produce adequate documents during the payment details verification.;
Misuse of another customer’s phone/email.,
Customer uses invalid email and phone no.;
Overuse of a voucher code.;
Use of a special voucher not tagged to the email ID used.;
Customer returns the wrong product.;
Customer refuses to pay for an order.; and
Customer is involved in the snatch and run for any order.

The customer may be considered loss to business if any of the following scenarios are met:

Customer with a very high return rate.;
Invalid/Incomplete address cases.; and
Repeated request for monetary compensation for petty issues.

Account for the customers falling in fraudulent or loss to business category may be blocked. Any gift credits earned through loyalty or referral program will be forfeited in such case.

Cancellation of Bulk Orders:

Fitabana/Fitabana.com may cancel any orders that classify as ‘Bulk Order’ under certain criteria at any stage of the product delivery. An order can be classified as ‘Bulk Order’ if it meets with the below mentioned criteria, and any additional criteria as defined by Fitabana/Fitabana.com:

Products ordered are not for self-consumption but for commercial resale.;
Multiple orders placed for same product at the same address, depending on the product category.;
Bulk quantity of the same product ordered.;
Invalid address given in order details.; and
Any malpractice used to place the order

Any promotional voucher used for placing the ‘Bulk Order’ may not be refunded.

Product Review Guidelines:

Brisk and effective content: It is advisable that the content of the review is honest, simple, to-the-point and helpful in the interest of future buyers of the same product. Keep in mind that your review is based on your personal experience of your product choice, timing of the order and demographic contours. It is important that you set a clear and realistic picture in your review for other future buyers to follow suit.
Content of the review: The review section in essence is limited to only issues with respect to the product like the quality, comfort level, colour, size etc. Please note that reviews written with irrelevant content referring to another product or company will not be published. Moreover, reviews in incomprehensible language, HTML content, promotional campaigns, abusive or defamatory language will not be published.
Other reviews/queries: In case you want to give us a shout-out on our services like delivery, product quality reviews, promotional offers, discount coupons and so on, you can shoot us an email at care@fitabana.com. For queries about the product size, colour, availability, you can contact your customer care representative at 0120-4373296.

Terms For Promotions Contests Offers Campaigns:

General Terms for Offers and Promotions

As per new RBI guidelines, customers would not be allowed to use Fitabana/Fitabana.com Credits/ Gift credits/ Cash vouchers while placing an order from the Fitabana Partners where the products are packed and shipped from partner location itself. The main brands falling in this category are – Bata, Salt n Pepper, etc. However, there is no such restriction on usage of website campaign vouchers.
Gift cards or Vouchers sold or distributed by Fitabana/Fitabana.com or by any of its partner, are issued directly to a customer only. Fitabana/Fitabana.com is not liable for any misuse, loss or damage of any voucher or gift card.
Discounts are applied on the product price excluding all convenience charges such as COD and handling. Issuance or redemption of a voucher or coupon will apply to the total value of the qualifying order once all promotional discounts have been applied.
Only one credit note/gift voucher/voucher can be used per order unless otheriwise stated.
Discount vouchers – Discount vouchers may from time to time be offered to account holders; such vouchers may only be applied to purchases made through the account to which the discount voucher was offered and registered. If you need a refund, this will be made in the same way as the original payment method (such as onto a gift voucher, debit/credit card account, a combination of the two and in case of COD, a Bank Transfer).
Promotional discount vouchers – We may from time to time offer promotional discount vouchers which may apply in respect of any, or certain specified, purchases made though this Website. These promotional discount vouchers, however won’t be re-issued for unsuccessful orders . To avail best discount, you can use any current running offers on the website.
Fitabana/Fitabana.com shall introduce various offers, schemes or contest at different times. The terms and conditions for such Contest shall be separately available on the Site.
Fitabana/Fitabana.com reserves the right to change/modify/add/delete any of the terms and conditions prevailing on the different promotional schemes it introduces in market from time to time. Fitabana/Fitabana.com, at its discretion, can withdraw a particular scheme from the website or market.
In case of any query pertaining to use of voucher and/or credit note or regarding the schemes, please email customer care at care@fitabana.com.
While participating in any Fitabana/Fitabana.com contest you hereby agree to release and hold Fitabana/Fitabana.com (and its officers, directors, agents, subsidiaries, affiliates, joint ventures, and employees) harmless from any claim or demand, but not limited to reasonable attorneys’ fees, or arising out of or related to your participation in the said Contest.
Fitabana/Fitabana.com reserves the right to cancel any orders placed using promotional vouchers. Some situations where your order may be cancelled include, without limitation, misuse of any promotional vouchers, unauthorized usage of vouchers or inaccuracies of voucher pricing, technical glitch and value thresholds. The voucher amount will not be refunded for such cases.
Suitable legal action will be taken against websites involved in unauthorized publication of Fitabana/Fitabana.com vouchers. Fitabana/Fitabana.com will only honor vouchers which are issued or published directly by us or our partner websites.
Vouchers can only be used to buy full priced (non-discounted) products.
Vouchers can not be clubbed with any other offer.
For a single transaction, only one voucher can be used.

Disclaimer:

It is the customer’s responsibility to login earlier if they want to avail better products or styles because Fitabana/Fitabana.com sales are “first come, first served”. The merchandise is not restocked once sold out. No information regarding the presence of any Product in our stock will be guaranteed and we will alert you only when an item is sold out.
The terms and conditions for such Contest shall be separately available on the Site. In the event of any conflict between these T&C and the terms and conditions pertaining to any Contest, such terms and conditions shall prevail.

We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.