Disclaimer of Warranties and Limitation of Liability
All materials used in Fitrick has been checked for accuracy. However, Fitrick provides no warranty on the materials used or the accuracy and it is supplied without any expressed or implied warranties without limiting the forgoing, everything on this website is provided to you “as is” “without warranty of any kind”. Either expressed or implied including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement.
Fitrick disclaims all warranties, express or implied, for products or services offered. The services without limitation implied warranties of merchantability and fitness for a particular purpose. This disclaimer does not apply to any products warranty offered by the product as the manufacturer. Fitrick and the official and the third party content providers do not make any warranty on the content, information or services provided through or in conjunction with our customers or on any of the sites. Fitrick does not provide any guarantee or assurance on the accuracy correctness or completeness of any content or information posted on the public space on the site.
Under no circumstances will Fitrick directors, official employees or agents be liable to customers or users or any third party for any direct, indirect consequential incidentals , special , punitive, or other damages , whether in contract , tort, or otherwise including negligence, arising in any way out of access to or use of or inability to access or use Fitrick services or any linked services or arising out of its contents or any errors or omissions in its contents, including but not limited to lost profits business interruption or loss of programs or other data on computer systems or otherwise, even if Fitrick is expressly advised of the possibility of such damages .
Fitrick does not warrant or represent that access to or use of Fitrick services or any linked services will be interrupted or free of errors or omissions, that defects will be corrected or that the Fitrick services or any linked services is free of computer viruses or other harmful components Under no circumstances will Fitrick or its directors , official employees or agents be liable to you or any third party for any direct , indirect , consequential incident special , punitive or other damages whether in contract, or otherwise including negligence arising in any way from any product or services sold or provided through Fitrick services even if it is expressly advised of the possibility of such damages . In no event shall Fitrick hold liability be higher than the price paid for the product or services that is the basis of the claim.
The customers who visit the web site (www.Fitrick.com) agree to indemnify with Fitrick and its official employees , advertisers, and third party content providers against any or all claims and expenses, including attorney’s fees arising from your use of our sites, and other public spaces on our sites. This expressly includes without limitation: (i) liability arising from the violation or infringement of copyrights or other proprietary rights in connection with any content or information you provide or post. (ii) any libelous or unlawful material contained in any content or information you post and (iii) any other liability arising from or caused by any content or information that you provide or post. You agree to defend, indemnify and hold harmless Fitrick and its directors, official employees and affiliates and related entities and their respective agents from and against all claims losses, damages, liabilities and cost (including without limitation reasonable attorney’s fees and court cost) arising out of or relating to your breach of these conditions or your access to or use of Fitrick services.
Fitrick doesn’t charge customers any fee to use this website, so all it cost is what you normally pay to access the internet. Our secure-server software encrypts your personal information (including your credit/debit card number and your name and address), converting it into bits of code that can be securely transmitted over the internet. Because of this, the risk of fraud is extremely low.
All goods and services displayed on this website are subject to availability. Where certain goods or services are no longer available, or where certain prices have changed, we will endeavor to update the relevant information contained on this website as soon as practicable. However, no price, or other information displayed on this web site will bind us until we have accepted your confirmed order. The price you will be charged for any goods or services will be the price in force from the date of your order is accepted by us.
Fitrick may at its discretion revise or add new terms to these conditions from time to time without notice to you. Such revision and additions shall be deemed to be effective immediately upon notice which Fitrick may give by any means including without limitation by posting the revised conditions of the services offered. You are responsible for reviewing the services for any modifications to these conditions that may affect your rights or obligations. Any access or use by you of Fitrick services after changes to these conditions will constitute your acceptance of the revised terms.
PLACING AN ORDER
The information displayed on this website represents an opportunity for you to assess the goods and services of Fitrick. No offer for the sale of these goods or services is being made to you by Fitrick via the content you have accessed through this website. Any order you send to us for the purchase of specific goods and/or services constitutes an offer for the goods and/or services selected. We are not obliged to accept your order. If we do accept your order, a contract will be created at the time we send you an email confirming your order. You will be deemed to have received our acceptance of your offer once we have correctly sent an email to your electronic mail box. All the products and services shown on our website are for new customers only, unless we let you know otherwise. Your order will only be accepted by us only if you supply us with a valid delivery address.
We may elect to electronically monitor the areas of the Site and may disclose any Content, records, or electronic communication of any kind: (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect our rights or property or the rights of the users, Sponsors, Providers, Licensors, or Merchants. We are not responsible for screening, policing, editing, or monitoring such Content. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such Content from the Site. We may terminate your access, or suspend your access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party Provider, Merchant, Sponsor, Licensor, service provider, or us. Because customer service is paramount to our business, we reserve the right to refuse to sell products to you if it reasonably appears to us that you intend to resell the products. In addition, we reserve the right to limit quantities of items purchased by each customer. We are not responsible if goods are unclaimed within 30 days from the date of sale. Thereafter, the customer shall not be entitled for the goods or amount as all such amount shall stand forfeited by the company.
We control the Site from our office in India. We make no representation that the Content in the Site is appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access the Site from other locations can do on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of Indian export laws and regulations. Any claim relating to the Site, the services provided through the Site or the internal laws of Indian Jurisdiction shall govern the Content, without reference to its choice of law provisions. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Delhi, India.
Fitrick and its various products as well as the web site is governed under the intellectual property rights such as copyrights, trademarks , information technologies act and other acts governed under Indian Law. Nothing contained in Fitrick services should be constituted as granting by implication or otherwise any license or right to use any trademark or service mark displayed on Fitrick services without the written permission of Fitrick or any third party that may own such trademarks or service marks. Fitrick will aggressively enforce its intellectual property rights to the fullest extent of the law.
These Conditions contain the entire understanding of you and Fitrick with respect to the subject matter here of and supersedes all prior agreements and understandings between you and Fitrick with respect to the subject matter hereof. The failure of Fitrick at any time to enforce any of the provisions of these Conditions will not be deemed or construed to be a waiver of any such provisions, or in any way to affect the right of Fitrick to thereafter enforce each and every provision of these Conditions. No waiver by Fitrick of any breach of any provision of these Conditions will be construed or deemed to be a waiver of any other subsequent breach. If any provision of these Conditions is declared invalid or otherwise determined to be unenforceable for any reason, such provision will be deemed to be severable from the remaining provisions of these Conditions, which will otherwise remain in full force and effect. Provisions concerning your rights and obligations which by the content of the provision operate after termination or which are necessary to enforce any right will survive any termination or expiration of these Conditions. These Conditions will be governed by and construed in accordance with the laws of the Indian Government. Any suit brought under or in connection with these Conditions may be brought only in the courts of the State of Delhi.