Terms and ConditionsJune 19, 2020 2021-12-06 23:10
Terms and Conditions
Thank you for selecting the services offered by FITDAK India and/or its subsidiaries and affiliates (referred to as “FITDAKINDIA”, “We”, “Our”, or “Us”). Review these terms of service (“Agreement”) thoroughly. This agreement is a legal agreement between you and FITDAK India On accepting it electronically (for example, clicking “I agree”), installing, accessing or using the services or products, you agree to these terms. If you do not agree to this agreement, then you may not use the services.
FITDAK India, Logo, the names of the individual services and their logos are trademarks of FITDAK India. You are not entitled to display or use, the FITDAK India trademarks without FITDAK India prior written permission. Doing so would constitute infringement.
You are legally responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), which is uploaded, posted or stored through your use of the services. You grant FITDAK India a worldwide, royalty-free, non-exclusive license to host and use the content in order to provide you with the services. You agree not to use the services for any illegal purpose or in violation of any applicable law or regulation. You are encouraged to archive your content regularly and frequently. While using the services, you are responsible for any content that may be lost or unrecoverable. You must provide all required and appropriate warnings, information and disclosure. You agree that you will not use the services to share, store, or in any way distribute financial data that is not in accordance with the law.
Users who are suspected of having information which involves fraud, embezzlement, money laundering, insider trading, support for terrorism, or any other activity proscribed by law may have their accounts terminated, their financial data erased, and they also may be reported to law enforcement officials in the appropriate jurisdictions.
You agree not to store, upload, transmit virus, Trojan horse, worm or other disruptive or harmful software or data and any information, software or content which is not legally yours and may be protected by copyright or other proprietary rights, or derivative works, without permission from the copyright owner or intellectual property rights owner.
Parts of this Agreement
This agreement consists of the following terms and conditions (hereinafter the “general terms”) and terms and conditions, if any, specific to use of individual services (hereinafter the “service specific terms”). The general terms and service specific terms are collectively referred to as the “terms”. In case of a conflict between the general terms and service specific terms, the service specific terms shall prevail.
FITDAK India is in the business of providing fitness services.
Disclaimer of Guarantee
All the users using FITDAK India Services must agree that the use of the service is at their sole risk. FITDAK India gives no assurance or guarantee that the services will be uninterrupted, timely, secure, or error-free. For instance, for any material downloaded or obtained through the use of the services will be your own judgment and risk and you will be solely responsible for any damage to your health.
FITDAK India, disclaim any health issues, Death or personal injury caused by its using services, FITDAK India is not responsible for any legal obligations or laws or regulations. You are solely responsible for ensuring that your use of the services is in accordance with applicable law. Notwithstanding the foregoing, no provision of this agreement shall exclude or limit liability to the extent that such exclusion or limitation is prohibited by the applicable laws of India and for the avoidance of doubt FITDAK India does not exclude or limit liability for:
- Death or personal injury caused by its negligence or the negligence of its officers, employees, contractors or agents
- Fraud or fraudulent misrepresentation
Any other liability which cannot be lawfully excluded by contractual agreement of the parties.
Limitation of Liability
In no event shall a disclaiming entity be liable for any lost profits, loss of data, or any indirect, punitive, incidental, special, consequential, or exemplary damages arising out of, in connection with, or relating to this agreement or the services, including without limitation the use of, inability to use, or unavailability of the FITDAK India services.
In any circumstances will any of the disclaiming entities be responsible for any damage, loss or injury resulting from hacking, tampering, or other unauthorized access or use of the service or your FITDAK India account or the information contained therein, or your failure to use or implement security controls that are appropriate for your business.
- The right entities assume no liability or responsibility for any
- Personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the FITDAK India services.
- Any unauthorized access to or use of servers used in connection with the FITDAK India services and/or any and all personal information stored therein
- Any interruption or cessation of transmission to or from the FITDAK India services; (d) Any software bugs, viruses, Trojan horses, or other harmful code that may be transmitted to or through the Mudra services
- Any errors, inaccuracies or omissions in any content or information, for any loss or damage incurred as a result of the use of any content or information, in each case posted, emailed, stored, transmitted, or otherwise made available through the Mudra services; and/or
- User content or the defamatory, offensive, or illegal conduct of any third party.
Without constraining anything to the contrary, the disclaiming entities’ cumulative liability to you shall be limited to direct damages and in all events shall not exceed in the aggregate the service fees paid by you to FITDAK India for buying a service. This limitation of liability section applies irrespective of the legal.