This document represents an electronic record in accordance with the terms of the Information Technology Act, 2000 and the rules thereunder as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures to make the terms of this policy binding.
GetFitKart.com is an internet based portal owned and operated by CodeMaxima InfoTech, having its registered office at CodeMaxima InfoTech, 10, Havana, Seven Bungalows, Versova, Andheri (W), Mumbai-400061, India.
When you use any of the services provided by us through the Website, including but not limited to Product Reviews, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this User Agreement and shall be considered as part and parcel of this User Agreement. We reserve the right, at our sole discretion, to change, modify, add or remove portions of the User Agreement, at any time without any prior written notice to you. It is your responsibility to review this User Agreement periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the revisions. As long as you comply with the provisions of this Agreement, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.
By accepting this User Agreement, you also accept and agree to be bound by GetFitKart.com Rules and Policies as provided from time to time in the following hyperlinks:
Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Website and shall not sell, purchase or bid for any items on the Website except through your legal guardian or parents who have registered as users on the Website or can use the Website as Guest User. GetFitKart.com reserves the right to terminate your membership and refuse to provide you with access to the Website if it is brought to our notice or if it is discovered that you are under the age of 18 years.
If you use the Website as Registered User, you are responsible for maintaining the confidentiality of your User ID and Password. If you use the Website as a Guest User you are responsible for maintaining the confidentiality of your email ID and phone number and restricting access to your computer, computer system and computer network. You are responsible for all activities that occur under your User ID and Password (if registered) or email id and phone number (if Guest User) as the case may be. Also as a Guest User, you shall ensure the physical security and possession of your phone, the details of which are used to transact services with GetFitKart.com.
You agree, inter alia, to:
When you use the Website or send emails or other data, information or communication to GetFitKart.com, you agree and understand that you are communicating with GetFitKart.com through electronic records. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Website or through any other GetFitKart services. You agree that all the agreements, notices, disclosures and other communications that we provide to you electronically shall be deemed adequate service of notice/electronic record and satisfy any legal requirement that such communication be in writing.
4. Fees and Services
5. Use of the Website
5.2. You agree, undertake and confirm that your use of the Website shall be strictly governed by the following binding principles:
5.2.3. In terms of Information Technology (Intermediaries Guidelines) Rules, 2011 you agree and undertake that you shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that:
(a) belongs to another person and to which You do not have any right;
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
(c) harm minors in any way;
(d) infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
(e) involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
(f) violates any law for the time being in force;
(g) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(h) impersonate another person;
(i) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
(j) threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
(k) shall not be false, inaccurate or misleading;
(l) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force. and
(n) are identical to other items you have up for auction but are priced lower than your item's price, the reserve price of the item or minimum bid amount; are concurrently listed for sale on a web site other than the Website;
5.2.5. You represent and confirm that you shall be the sole and exclusive legal owner of all items, goods or products of any description that you wish to offer for sale on the Website. You shall have absolute right, title and authority to deal in and offer for sale such items, goods or products.
5.2.6. In the event that any transaction or attempted transaction relating to any item, good or service which is in violation of this User Agreement or applicable law comes to your knowledge, you shall take all steps to inform GetFitKart.com of the same at [email protected]
5.2.7. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules made there under as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/ VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force. In particular you shall ensure that if any of your items listed on the Website qualifies as an "Antiquity" or "Art treasure" as defined in the Antiquities and Art Treasures Act, 1972 ("Artwork"), you shall indicate that such Artwork is "non-exportable" and sold subject to the provisions of said the Act, and shall ensure that it is not delivered to buyer (as defined under the Buying section) at any place outside India.
5.2.8. You shall not, either alone or in conjunction with other Users, manipulate or attempt to manipulate the prices of any item or services being sold or purchased on the Website.
5.2.9. From time to time, you shall be responsible for providing information relating to the items or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such items or services so as to mislead other Users in any manner. It is possible that other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Website, and that the recipient may use such information to harass or injure You. We does not approve of such unauthorized uses, but by using the Website You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that You publicly disclose or share with others on the Website.
5.2.10. You shall not attempt to or circumvent or manipulate our Fee structure, the billing process or Fees owed to GetFitKart.com as detailed and agreed in MOU signed by merchants/sellers.
The Website is only a venue where Users may meet and interact with one another for their transactions. GetFitKart.com is not and cannot be a party to or control in any manner any transaction between two Users of the Website. Consequently:
6.1. All commercial / contractual terms are offered by and agreed to between buyers and sellers alone. The commercial / contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties and after sales services related to goods and services. GetFitKart.com does not have any control or determines or advises or in any way involves itself in the offering or acceptance of such commercial / contractual terms between buyers and sellers.
6.2. GetFitKart.com is not responsible for any non-performance or breach of any contract entered into between Users (includes Registered User or Guest User). GetFitKart.com cannot and does not guarantee that the concerned Users will perform any transaction concluded on the Website. GetFitKart.com shall not and is not required to mediate or resolve any dispute or disagreement between Users.
6.3. GetFitKart.com does not make any representation or warranty as to the attributes (such as quality, worth, marketability, etc.) of the items or services proposed to be sold or offered to be sold or purchased on the Website. In particular, GetFitKart.com does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the Website. GetFitKart.com accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
6.4. GetFitKart.com does not make any representation or warranty as to the attributes (such as legal title, creditworthiness, identity, etc.) of any of its Users. You are advised to independently verify the bona fides of any particular User that you choose to deal with on the Website and use your best judgment in that behalf.
6.5. GetFitKart.com does not at any point of time during any transaction between buyer and seller on Website come into or takes of any of the goods or services offered by seller nor does it at any point gain title to or have any rights or claims over the goods or services offered by seller to buyer. GetFitKart may provide fulfillment and logistics services to certain merchants/sellers but still does not take possession or title of any product or service sold.
6.6. The Website is only a venue through which Users can reach a larger base to buy and sell items or services. GetFitKart.com is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the buyer. At no time shall any right, title or interest over the items vest with GetFitKart.com nor shall GetFitKart.com have any obligations or liabilities in respect of such contract. GetFitKart.com is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of items, which are out of stock, back ordered or otherwise unavailable. All items are offered only for a restricted time and only for the available supply.
6.7. At no time shall any right, title or interest over the items vest with GetFitKart.com nor shall GetFitKart.com have any obligations or liabilities in respect of such contract. GetFitKart.com is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of items which are out of stock, back ordered or otherwise unavailable. All items are offered by sellers are only for a restricted time and only for the available supply as offered by sellers.
6.8. You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the other Users that you transact with.
6.9. You release and indemnify GetFitKart.com and/or any of its shareholders, directors, officers, employees and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, GetFitKart.com cannot control the information provided by other Users which is made available on the Website. You may find other User's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website. Please note that there may be risks in dealing with foreign nationals, underage persons or people acting under false pretense.
Disclaimer: You acknowledge and undertake that you are accessing the services on the Website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the Website. We shall neither be liable nor responsible for any actions or inactions of sellers nor any breach of conditions, representations or warranties by the sellers or manufacturers of the products and hereby expressly disclaim any and all responsibility and liability in that regard.
Without limiting other remedies, GetFitKart.com may limit your activity, immediately remove your information or end your listing, warn other Users of your actions, temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to the Website in the event, but not limited to:
b) If GetFitKart.com is unable to verify or authenticate any information provided by you; or
c) If it is believed that your actions may cause legal liability for other Users or GetFitKart.com. We may at any time at our sole discretion reinstate suspended Users. A User that has been suspended or blocked may not register or attempt to register with GetFitKart.com or use the Website in any manner whatsoever until such time that such User is reinstated by GetFitKart.com. Notwithstanding the foregoing, if you breach the User Agreement or any other documents it incorporates by reference, GetFitKart.com reserves the right to recover any amounts due and owing by you to GetFitKart.com and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.
All purchases on the Website are a firm commitment to purchase. If you are the purchaser for any item, you are obligated to complete the transaction with the seller.
By purchasing on an item you agree to be bound by the conditions of sale included in the item's description (or linked to from the description) so long as those conditions of sale are not in violation of the User Agreement or unlawful. In case of consumer goods, sellers on the Website may or may not specify the retail prices of the items being sold. You are advised to independently verify the retail prices of such items if you so desire.
GetFitKart.com strongly advises you not to test the site with false purchases, as it will put you at substantial personal legal risk. It is an offence to use a false name, other false personal information or a known invalid/ unauthorized credit/ debit/ cash card and such other infrastructure directly through Bank or financial institution infrastructure or indirectly through Payment Aggregator. Willfully entering erroneous or fictitious bids may result in prosecution by GetFitKart.com.
Please note that in the event any inaccurate information is provided by you regarding your identity, your Web browser transmits a unique address to us, which can be used by law enforcement officials to identify you. If you are a registered buyer on the Website we encourage you to post feedback on the seller after the transaction is closed.
In case of purchase of an Artwork which is marked as "non-exportable" on the Website or it is illegal to export the same, you agree that the Artwork shall not be exported out of India or otherwise dealt in any such manner which shall be in contravention of any law for the time being in force or any rules, regulations, notifications and orders passed there under.
GetFitKart.com from time to time may offer certain fulfillment services to sellers, however, sellers remain responsible for the overall shipping quality, delivery, and cost of shipping. GetFitKart.com may provide pick-up, storage, and delivery services to sellers but all of these services are provided as contract or outsourced services on behalf of merchants. At no time, GetFitKart.com takes title or ownership of any product or inventory.
All the merchants selling at GetFitKart.com are well screened by our team before they are brought on board. GetFitKart endeavors to ensure that the products you buy from our Website are genuine, authentic, products and are sold by well reputed and honorable merchants at the best prices possible. We also extend all the warranties, guarantees as entailed in the product by the seller to you, all this at a great price and with the best customer service in the industry. It is however clarified that the GetFitKart seeks to ensure the aforesaid only on a best endeavor basis and does not assure or provide any personal warranties or assumes and liability or responsibility pertaining to the genuinity and authenticity of the products and/or the seller, for which the seller shall be solely responsible and liable.
As per our replacement policy, if you receive a product which is not as per the specifications ordered by you - (i) wrong size, (ii) wrong color, (iii) defective or (iv) significantly different from the description given by the merchant and you intimate such shortcoming to us in writing within 24 hours of receiving the product, such an can be replaced or if such product is not available for replacement your money will be refunded, within 10 days of such intimation received. However do make sure that the merchandise has not been used/worn or altered and is accompanied by its original price tag and packing slip. Please contact our customer support, so we can help facilitate your return.
If GetFitKart.com has suspicion or knowledge, that any of its members are involved in any activity that is intended to provide claims or information that is false, misleading or not genuine, then GetFitKart.com may while reserving its rights to initiate civil and/or criminal proceedings against member may also at its sole discretion suspend, block, restrict, cancel the user id of Registered User and such necessary action against Guest User of such member and/or disqualify that member and any related members from availing protection through this program.
GetFitKart.com reserves its right to initiate civil and/or criminal proceedings against a user who, files an invalid and/or false claim or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, GetFitKart.com may at its sole discretion suspend, block, restrict, cancel the user id [and its related user ids] of such user and/or disqualify that member and any related members from availing protection through this program.
Any person who, knowingly and with an intent to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information shall be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.
As a registered member, you may list item/s for sale/advertising on the Website in accordance with the Listing Policies more fully detailed at GetFitKart.com Rules and Policies http://GetFitKart.com/policies-and-rules.html which Policy is incorporated by way of reference in this Agreement. You represent that you are legally allowed to sell/advertise the item(s) you list for sale/advertising on GetFitKart.com. You further agree to ensure that the products sold/advertised by you through GetFitKart.com are genuine and are not counterfeit or stolen items. You further agree to ensure that the items/products listed by you on GetFitKart.com do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of any third parties.
You acknowledge and understand that "Listings" may include text descriptions, graphics and pictures that describe your item for sale. You shall be deemed to be infringing the intellectual property rights of a third party if you are (i) affixing a registered trademark (or an identical or similar trademark likely to confuse the public to have an association with the registered trademark) of such third party to your goods or its packaging; (ii) offering or putting for sale or stocking the goods under the said trademark; or (iii) using the said trademark in advertising your product.
You acknowledge that if any genuine claim is received by GetFitKart from any person through the Report Abuse section of GetFitKart.com (terms of which are incorporated herein by reference), GetFitKart may in its sole discretion block your merchant/user account and/or remove the products listed by you on GetFitKart.com, without any prior notice to you. GetFitKart would however provide you a post facto intimation regarding the same. You agree that you shall have no claim whatsoever against GetFitKart in this regard and the decision of GetFitKart, as aforesaid shall be binding on you.
You further agree to ensure that the listing description of the item must not be misleading and must describe actual condition of the product. All listed items must be listed in an appropriate category on the Website. All listed items must be kept in stock for successful fulfillment of sales. If the item description does not match the actual condition of the item, you agree to replace the product delivered to the buyer with the correct product and/or refund any amounts that you may have received from the buyer within 10 days of receipt of intimation from us in this regard. You agree not to list a single product in multiple quantities across various categories on the site. GetFitKart.com reserves the right to delete such multiple listings of the same product listed by you in various categories.
GetFitKart.com uses third party payment providers to receive payments from buyers on seller's behalf. GetFitKart.com is not responsible for delays or erroneous transaction execution or cancellation of orders due to payment issues. GetFitKart.com takes utmost care to work with 3rd party payment providers, but does not control their systems, processes, technology and work flows, hence cannot be held responsible for any fault at the end of payment providers. Further, GetFitKart.com does not release the payment to sellers until the order has been received by Buyers and they are satisfied with it. GetFitKart.com shall only make payments to the sellers subject to realisation of payment received from the buyer to GetFitKart. The Seller payment is typically net of the service fee charged by GetFitKart.com for its services and after deduction of applicable withholding taxes (if any).
We encourage Registered buyers on the Website to provide feedback to sellers after the transaction has been closed, this helps other Users to know the performance level of the said merchant/seller.. Please remember that you cannot retract the feedback once you have provided it. Further you agree that the feedback you provide to the Website shall be deemed to be non- confidential and will be displayed along with your user ID. GetFitKart.com will not be responsible for the feedback that you post on the Website and you should be careful in making comments that are not factual in nature and should not post defamatory or illegal or offensive/obscene contents, for which you shall alone be liable.
You may not take any actions that may undermine the integrity of the feedback system. If you continue to receive negative feedback ratings, GetFitKart.com reserves the right to suspend your membership, and you will be unable to list, buy or bid on the Website. Your agree that your feedback shall not contain confidential or proprietary information of you or of third parties.
Export - As feedback ratings are not designed for any purpose other than for facilitating trading between the Users, you agree that you shall not market or export your Website feedback rating in any venue other than on the Website.
Import - We do not provide the technical ability to allow you to import feedback from other websites to GetFitKart.com because a composite number, without the corresponding feedback does not reflect your true online reputation within our community.
GetFitKart.com and its suppliers, affiliates and service providers provide the Website and services "as is" and without any Warranty or condition, express, implied or statutory and specifically disclaim any implied Warranties of title, merchantability, fitness for a particular purpose and non-infringement. You expressly agree that your use of the Website is at your own risk.
In no event shall GetFitKart.com or its suppliers, affiliates and service providers be liable for any direct, indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website, its services or this agreement (however arising, including negligence).
GetFitKart.com's liability in any circumstance is limited to the amount of fees, if any, paid by you to GetFitKart.com. GetFitKart.com, its associates, affiliates and service providers and technology partners make no representations or Warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. Consequently, GetFitKart.com assumes no liability whatsoever for any monetary or other damage suffered by you on account of:
(a) The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website; (b) Any interruption or errors in the operation of the Website.
You agree to indemnify and hold harmless GetFitKart.com and (as applicable) GetFitKart.com's parent, subsidiaries, affiliates, third-parties and their respective shareholders, officers, directors, agents, and employees, from any losses, liabilities, damages, costs and expenses, claims or demand, or actions including reasonable attorneys' fees asserted against or incurred by GetFitKart.com, made by any third party arising out of your breach or non-performance of terms of the User Agreement, GetFitKart.com Rules and Policies, or the documents they incorporate by reference, or your violation of any law, rules or regulations or the rights of a third party.
18.1. None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and GetFitKart.com and you shall have no authority to bind GetFitKart.com in any manner whatsoever.
18.2. Notices: Except as explicitly stated otherwise, any notices shall be given by postal mail on behalf of GetFitKart.com to CodeMaxima InfoTech Attn: Legal Department, at CodeMaxima corporate office situated at 10, Havana, Seven Bungalows, Versova. Andheri (W), Mumbai - 400061 (in the case of GetFitKart.com) or to the email address you provide to us during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
18.3. Severability: If any clause of the User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the User Agreement.
18.4. Entire Agreement: This Agreement sets forth the entire understanding and agreement between you and GetFitKart.com with respect to the subject matter hereof.
18.5. Assignment: You cannot assign or otherwise transfer this User Agreement, or any rights granted hereunder to any third party. GetFitKart.com may transfer its rights and obligations (also known as "assign") under this Agreement without your prior express consent, provided that GetFitKart.com assigns the Agreement on the same terms or terms that are no less advantageous to you.
18.6. Disputes Resolutions
Generally, transactions are conducted smoothly on GetFitKart.com. However there may be some cases where both the Buyers and Sellers may face issues. At GetFitKart.com, we have a Dispute Resolution process in order to resolve disputes between Buyers and Sellers.
A 'Dispute' can be defined as a disagreement between a Buyer and a Seller in connection with a transaction on the Website. Disputes arise out of an issue that is raised by either party not being completely satisfied with the resolution of their complaint/issue.
It is important that before a Buyer/Seller raises a dispute, they should attempt to resolve the issue amicably between each other. Please note that whenever a buyer raises a dispute, the seller's payment for that order is put on hold immediately until the issue is resolved.
How is a 'dispute' resolved?
Whenever there is a disagreement relating to any transaction, the users can write to [email protected] in order to raise a dispute. Once a dispute is raised by either party, GetFitKart.com shall try to mediate and the resolve the matter amicably.
18.7. Grievance Officer
In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer is published herewith:
GetFitKart, C/o CodeMaxima InfoTech, E/202, Skypark, Next to HDFC House Bldg, Oshiwara Garden Road, Off SV Road, Goregaon West, Mumbai - 400102.
E-mail ID – grieviance(AT)codemaxima.com
Phone No. - (+91) 99876-67899
If any dispute arises between you and GetFitKart.com during your use of the Website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement, or the documents they incorporate by reference, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by GetFitKart.com. The place of arbitration shall be New Delhi, India. The arbitration proceedings shall be in the English Language and shall be governed by Arbitration & Conciliation Act, 1996.
The User Agreement or the documents they incorporates by reference shall be governed and construed in accordance with the laws of India. Subject to Clause 19 above, all disputes arising under this Agreement between you and GetFitKart shall be subject to the exclusive jurisdiction of courts at Mumbai, India.