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Terms & Conditions

Terms & Conditions

The following terms and conditions (“Terms of Use”) govern access to and the use of the domain www.exerfit.co (“website”) and all products and services offered on it. By accessing the website you agree to ALL the Terms of Use and the Privacy Policy provided separately on the website. These may be updated periodically and you agree to check this page from time to time to take note of any changes to the Terms of Use and other policies governing the use of our website.

We reserve the right to amend, review, modify, change or withdraw any products or services on the website at any time without any prior notice. We also reserve the right to restrict access to the entire, or parts of the website without any prior notice.

No portion or section of this website including but not limited to content, images, designs and layouts can be copied, downloaded, reproduced or readapted in any shape or form, and any infringement of this provision will invite legal action.

The website is operated by Exerfit Wellness Private Limited, (“Exerfit”) a company incorporated under the laws of India with our registered office at 2nd Floor, Plot 1076, Apte Industrial Estate, Laxminarsingh Papan Marg, off Dr. E Moses Road, Worli, Mumbai – 400018, Maharashtra, India.

Third Party Links
Our website allows you to share content on third party platforms like Facebook, Twitter, etc. via external links. This facility is provided only to allow you to share content on these platforms and we do not take any responsibility of such third party websites and/or their contents and disclaim any liabilities arising out of the access or use of any or all third party websites. We accept no responsibility for any content that may be posted by users of our website on such third party websites using external links and disclaim all liabilities that may arise from any such activity by a user of our website. Users accept full and sole responsibility for any content that they may post on our website and we disclaim all liabilities that may arise in relation to any such content.

Your Profile & Eligibility

  • Only users who are legally permitted to enter into commercial and legally binding contracts in the country that they transact from are permitted to transact on our website.
  • Your account can be terminated and transaction cancel if we discover that you are not legally permitted to transact on our website for any reason whatsoever.
  • By creating a user profile and sharing your information with us, you agree to be bound by our Terms of Use, Privacy Policy and other policies that we may introduce and share publicly from time to time.
  • You are responsible for the account you create on our website and for maintaining confidentiality of the login details for the account. You will be responsible for all activities conducted under your account.
  • Should we find any of the information provided by you to be incorrect, untrue, incomplete or outdated, we have the right to suspend, terminate and block your account and access to our Website indefinitely with immediate effect.
  • Exerfit reserves the right to refuse registration and deny creation of an Account and associated Username and Password to any user at its sole discretion.

Using the website By accessing and using our website, you agree:

  • To not use any software, programme, coding or other mechanism to gain unauthorized access to our website, its data, information, server or structure.
  • To not try and access our customer data by any means whatsoever.
  • To not disrupt the regular and smooth functioning of our website or any other user’s ability to transact on the website through any means whatsoever.
  • To be compliant with all applicable laws that govern the use of our website wherever you may be.
  • To direct any grievance that you may have directly to us only through the prescribed mechanism on our “Contact Us” page. Your business is important to us and we will also endeavor to resolve any grievance to your satisfaction.
  • To not impersonate any other user or provide us with any false or misleading information.
  • That any information you may share with our partners / advertisers / vendors by accessing their websites, filling any forms thereon, etc. are not governed by our Terms of Use or Privacy Policy and such interaction is solely your responsibility. We do not accept any responsibility or liability for any loss or damage that you may suffer on account for using or sharing any information with such partners / advertisers / vendors.
  • That you have a limited, revocable, non-exclusive license to access and use the website for personal use.
  • That Exerfit may record, retain and use all information, data and electronic communication that you input or otherwise communicate during your access to and/or use of the website or any e-mail to or from us and any other means and the transmittal of the same to our affiliates, subsidiaries, branches and third parties for order and other processing, database maintenance, record keeping or any other use in accordance with customary practices, policies and procedures applicable, and our privacy policies.
  • That we expressly reserve the right to monitor any and all use of the website and its contents by you.
  • That Exerfit shall be neither liable or responsible to update any information communicated to you using any medium whatsoever nor shall Exerfit or its representatives be liable or responsible to timely see, process, act on or respond to any message sent by you to us using any medium whatsoever.

Information Sharing

  • You agree and accept that we may share your information with our partners and vendors in order to provide you products and services through our website.
  • You may also elect to share your information with our partners or vendors of your own accord.
  • Exerfit accepts no liability or responsibility for any loss, damage or inconvenience that may arise to you as a result of such information sharing.

Privacy
Our Privacy Policy incorporated by reference in these Terms of Use and provided separately on our website sets out how we will use personal information you provide to us. By accessing and using this website, you agree to be bound by the Privacy Policy, and confirm that all data provided by you is accurate and up to date. We accept no responsibility for any deficiency in service that may arise due to inaccurate, outdated, false or incomplete information provided by you.

Product Description & Specification
We have made all efforts to provide accurate information and images of our products on the website. This includes but is not limited to product size, weight, colour, description, nutritional information, prices, etc. All product images on our website our provided for illustrative purposes only. Kindly note that the items ordered may vary slightly from those displayed on the website.

We market and sell products under our own brand name “exerfit" on the website. The products are manufactured and supplied to us by our approved vendors.

You understand and accept that we are not liable or responsible for any damage, loss, problems or inconvenience that may arise to you as a result of using our products. You agree to purchase and consume our products entirely at your own risk.

Exerfit shall in no event or circumstances be held liable and/or responsible for any discrepancy or inaccuracy in reporting the prices and product specifications (including the product description, photos, vegetarian, Jain, weight/size) nor shall it be liable for any costs, actions, claims or demands that may arise or accrue in respect of the same.

Exerfit shall not be liable or responsible for any products, information or services mentioned on the Website, whether provided by Exerfit, or any third parties. You agree to make your own independent evaluation of the products, information and services mentioned on the website, including their quality.

Restrictions on Order Size
We retain the right to restrict or prohibit, at any time, the quantity of items purchased on our website per order, individual or group. We can apply these restrictions by tracking the account number used to order, debit / credit card or other mode of payment used and/or shipping / billing address. Such restrictions will be duly intimated via our website

Pricing
While best efforts are made to ensure that all pricing details on our website are accurate and up to date, there is a possibility for some errors to occur. In case of any such errors in the price of goods that you have already ordered, we will inform you at the earliest possible moment. In case we are unable to contact you, this order will stand cancelled and we will get in touch with you to reinitiate the order with correct pricing information. We will not be liable to service any such erroneous order.

We reserve the right to update and change prices of our products periodically without any prior notice. Such changes will not be applicable to any orders placed prior to the revision in price. The prices on our website includes the basic cost of the product, along with all applicable taxes as per law.

We do not provide any assurance that the price listed on our website is the lowest price at which the product is available across channels.

In case of discrepancies between the product pricing on the website and the final invoice, the pricing mentioned on the final invoice shall prevail.

Payment Services
At the time of ordering your products on our website, you will be provided a number of payment and delivery options. Orders will be processed only once we can confirm that your payment has successfully reached us. You will be provided an estimated time of delivery at the time of ordering, which may vary based on your location and products ordered. On successfully placing the order, you will receive a detailed email that contains a summary of your order along with the relevant delivery information.

You can pay for your purchases through the website via multiple channels offered through our payment gateway tie-ups. While availing of any payment channel/s, offered on the website, we will not be liable or responsible for any loss or damage arising to you, either directly or indirectly, on account of:

  • Transaction failure due to reasons including authorization failure, insufficient limits, payment rejection by our payment gateway provider / banks for any reason whatsoever
  • Payment rejection due to breach of transaction limits prescribed by us
  • Transaction failure due to any other reason whatsoever

You understand & accept that we have entered into a contractual agreement with our payment gateway provider, and as per the terms of this agreement, neither the payment gateway provider, nor any of the banks that it works with to provide the payment gateway services, will be liable for any damages suffered by you for any reason whatsoever.

You shall use your own credit / debit card / net banking account only for making payments. Exerfit shall not be liable or responsible for any credit card fraud(s). The liability, if any, on the fraudulent use of your credit / debit card / net banking account will be yours alone and the onus to 'prove otherwise' shall be on you.

You agree to indemnify and keep indemnified Exerfit, its successors and assigns, vendors & partners of, from or against any claims, demands, actions, disputes, liabilities, obligations, costs, charges, expenses of any nature suffered or sustained by Exerfit by reasons of the fraudulent uses of any credit / debit card / net banking account by you for any such transaction.

Delivery
You acknowledge that delivery may at times be delayed on account of unforeseen circumstances and we will try and keep you updated of such delays via email and SMS. Please note that we will not be liable to provide any cash or other compensation for any delayed deliveries.

In case of any lost or misplaced shipments, we will resend you the shipment on confirmation that the shipment is lost or misplaced, or refund your money, depending on your preference. We accept no other liability or responsibility with regards to lost, misplaced or damaged shipments.

Exerfit reserves the right to change the delivery charges at any time without prior intimation.

By accepting / agreeing to these terms, the customer agrees that the tracking details of the shipment will not be available immediately.

Exerfit reserves the right to deny delivery to locations considered not feasible even though the delivery location is mentioned in the Website.

Returns & Refund
Please refer to our Returns and Refunds policy for more information on how to return products and applicable refund parameters.

Intellectual Property Rights
Exerfit retains all rights and ownership to all copyrights, trademarks, logos and any other intellectual property used on its website and products. Accessing the website and/or purchasing products through the website does not create any rights, title or encumbrance on any of our intellectual properties.

Law and Jurisdiction
The Terms of Use shall be governed by and constructed in accordance with the laws of the Republic of India and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Mumbai. If any portion of these Terms of Use become void, it will not affect the validity and enforceability of the remaining provisions. The void part will be replaced by provisions that are valid and have legal effect.

Indemnification
You agree to indemnify and do hereby keep indemnified, safe and harmless Exerfit, its Directors, employees, agents, successors and assigns of from and against any and all claims, actions, proceedings, obligations, penalties, losses, liabilities, disputes, damages, costs, charges and expenses of any nature whatsoever suffered or sustained by Exerfit due to:

  • your breach of any terms or conditions of use or your representations and warranties contained in these Terms and conditions of use
  • your access to and/or use of the website and/or the content therein
  • any act, deed, matter or thing which shall or may constitute an infringement of the copyright, trademark or any other intellectual property rights of Exerfit or of any third party
  • any bogus or false orders placed by you or any third party using your usernames and password,
  • any false, incorrect or misleading information provided by you to Exerfit as to your name, e-mail address. address, mobile number etc.
  • any disclosure of information, usernames, password made by you to any third party. Exerfit shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, strict liability or otherwise or any other damages resulting from any of the following:
    • the use or the inability to use the website (whether due to disruption, limited access, changes to or termination of any features on the website or otherwise) for any interruption, delays, errors or omissions with respect to any communications or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the website;
    • any shortcoming / error with respect to any information or Services purchased or obtained from a third-party content provider through Exerfit;
    • unauthorized access by third parties to data or private information of any user;
    • authenticity, availability, suitability, reliability, accuracy of the information, software, services, content, etc;

Limitation of Liability
You agree to use the website and transact on it purely at your own risk. Neither Exerfit, its Directors, Employees, Affiliates or Agents will be liable for any direct, consequential, indirect or other damages that may result from your use of the website or products or services marketed thereon. This includes damages that may arise due to any viruses, hacking, incorrectness or inadequacy of information on the website or performance of the products marketed thereon.

You acknowledge and agree that Exerfit neither endorses the content of advertisements or third parties' web content, nor shall it be responsible or liable for the accuracy of material contained therein, or any infringement of third party intellectual property rights arising therefrom, or any fraud or other crime committed thereby.

In no event or circumstances shall Exerfit be held liable or responsible for any delay, failure, default or disruption of the contents or services delivered through the website to you.

Force Majeure
Neither Exerfit nor any of our affiliates are liable for losses caused directly or indirectly by our non-performance as a result of events beyond our control including natural disasters, acts of God, war, terrorism, actions or decrees of governmental bodies, exchange or market rulings, failure of communication lines or utility systems, equipment and systems failures, unauthorized access, and theft (each, a "Force Majeure Event").

All of our obligations with respect to the affected elements under these Terms of Use will be suspended for the duration of such Force Majeure Event.

Termination
You agree that the Company may, in its sole discretion and without prior notice, terminate your access to the website and block your future access if we determine that you have violated these Terms of Use or any other policies. If you or the Company terminates your use of any service, you shall still be liable to pay for any service that you have already ordered till the time of such termination.

If you have any questions, comments or requests regarding our Terms of Use or the website please contact us at info@exerfit.co or call on 1800 523 658

Miscellaneous

  • These Terms of Use represent the complete and exclusive agreement and understanding between you and Exerfit regarding your rights to access the website and to use the content, and supersedes all agreements, writings, understandings which you may have with, and all representations (whether written or oral), regarding such subject matter.
  • Should any term or provision of these Terms of Use be deemed or held to be invalid or unenforceable, the remaining terms and provisions will continue in full force and effect.
  • Exerfit’s failure to insist at any time upon strict compliance with any term of these Terms of Use, or any delay or failure on our part to exercise any power or right given to us in these Terms of Use, or a continued course of such conduct on our part shall at no time operate as a waiver of such power or right, nor will any single or partial exercise preclude any other future exercise.
  • All rights and remedies given to us in these Terms of Use are cumulative and not exclusive of any other rights or remedies which we otherwise have at law, equity or under this Agreement.
  • The Terms of Use will be binding upon you and your successors-in-title and assigns.
  • Any and all headings in the text of these Terms of Use are solely for convenience or reference and do not constitute a part of these Terms of Use, nor do they affect the meaning, construction or effect of these Terms of Use.
  • The terms "including" and "includes" as used in these Terms of Use are intended to identify some, but not all, examples relevant to the subject matter and, therefore, should be read as "including, but not limited to" or "includes, but is not limited to."
  • Exerfit may assign or delegate its rights, duties or obligations under these Terms of Use without your prior consent. However, you shall not assign or transfer your membership or username to a third party without the prior written consent of Exerfit.
  • These Terms of Use are in addition to, and do not nullify, any other agreement between you and Exerfit governing the conduct of your relationship with us or any other applicable terms and conditions found on the website.