Terms and Conditions
TERMS OF SERVICE AGREEMENT
Please Read the Terms Of Service Agreement Carefully. By Using The Website Or Ordering Products From The Website You Agree To All The Terms And Conditions Of This Agreement Hereof.
Terms of Use:
This Terms of Service Agreement (hereinafter referred to as “the Agreement") governs the use of the website www.sportsfuel.in, ( hereinafter referred to as “SportsFuel”, “the Website”)offer of products for purchase on this Website, or your purchase of products available on this Website.
SportsFuel provides service to you subject to the notices, terms, and conditions set forth in this agreement. In addition, when you use any of our services, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they are incorporated into this Agreement by this reference. We reserve the right to change this Site and these Terms and Conditions at any time. Accessing, Browsing Or Otherwise Using The Site Indicates Your Agreement To All The Terms And Conditions In This Agreement, So Please Read This Agreement Carefully Before Proceeding.
Subject to the terms and conditions of this Agreement, we hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third party. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below.
Terms of Offer:
This Website offers for sale certain products and other products that may be sold on this website. By placing an order for Products through this Website, you agree to the terms set forth in this Agreement.
We may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and we have no obligation to investigate the authorization or source of any such access or use of the Site.
You will be solely responsible for all access to and use of this site by anyone using the password and identification originally assigned to you whether or not such access to and use of this site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including without limitation financial obligations) incurred through such access or use.
You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.
When you use the site or send emails to us, you are communicating with us electronically. you consent to receive communication from us electronically. We will communicate with you through email, SMS or by posting notices on the site or through our other services. you agree that all agreements, notices, disclosures and other communication that we provide to you electronically satisfy any legal requirements that such communications be in writing.
Personal Information:
When we collect personal information from you, we will inform you at that time of the reason we have requested it. The information will only be used for business purposes, such as, to respond to requests for products, documentation and services, to process an order, to conduct a transaction, to correspond, to enable a subscription or event registration, to handle job applications or send direct marketing information and perform market research. SportsFuel will also use your information to personalize the content you view and to better understand how you use the website in order to improve the services our website provides.
In general, SportsFuel assumes that you have given permission to collect and use your personal information in accordance with your acceptance of the Terms of Use, of which this Privacy Policy/Statement is a part. SportsFuel follows standard guidelines/ codes on Information Technology- Security Techniques- Information Security Management System- Requirements and takes all reasonable care for the protection of data and information.
Use of Website:
SportsFuel is not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not resell material on the Website. You shall not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business. We reserve the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to our interests. (4) not engage, directly or indirectly, in the transmission of "spam", chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website (6)You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (7) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (8) is libellous, threatening, defamatory, obscene, indecent, pornographic or (9) includes any bugs, viruses, worms or other harmful code or properties.
The ultimate authority to ship goods to customers rests in the hand of the company’s management. The management may, at any point, if it deems fit, red flag or blacklist a customer and deny shipping goods to them. The circumstances under which a customer may be red-flagged/ blacklisted is based at the company’s sole discretion.
Limitation of Liability:
The Entire Liability, And Your Exclusive Remedy, In Law, In Equity, Or Otherwise, With Respect To The Website Content And Products And/Or For Any Breach Of This Agreement Is Solely Limited To The Amount You Paid, Less Shipping And Handling, For Products Purchased Via SportsFuel Website.
SportsFuel Will Not Be Liable For Any Direct, Indirect, Incidental, Special Or Consequential Damages In Connection With This Agreement Or The Products In Any Manner, Including Liabilities Resulting From (1) The Use Or The Inability To Use The Website Content Or Products; (2) The Cost Of Procuring Substitute Products Or Content; (3) Any Products Purchased Or Obtained Or Transactions Entered Into Through The Website; Or (4) Any Lost Profits That You May Allege.
Warranties and Claims:
Please note the standard warranties and the conditions for usage of the products in relation to each product if applicable is displayed alongside the product.
No claim (a) that is contrary to the above or (b) where products have been used contrary to the conditions of usage; will be entertained.
Indemnity:
You hereby agree to indemnify and hold harmless SportsFuel, its owners, affiliates, officers, directors, employees, consultants, licensors, agents and representatives from any and all claims, losses, damages, and/or costs (including reasonable attorney fees and costs) arising from (i) your access to or use of the Services or Products, (ii) violation of the Agreement, (iii) infringement, or infringement by any other user of your account with SportsFuel, (iv) action or inaction on behalf of SportsFuel’s third party affiliates, manufacturers, vendors, suppliers and logistic partners in providing services; and (v) infringement of any intellectual property or other right of any person or entity. SportsFuel shall notify you promptly of such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide SportsFuel with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage or costs.
Unsubscription:
Unless you notify SportsFuel of your desire to opt-out from further direct company communications and solicitations, you agree to continue to receive further emails and SMS Notifications. You may use the opt-out from the link found in any email solicitation that you may receive. For any other queries, you may contact us at: getfit@sportsfuel.in
Privacy:
SportsFuel believes strongly in protecting user privacy and providing you with notice of SportsFuel use of data. Please refer to the SportsFuel privacy policy, incorporated by reference herein, that is posted on the Website.
Pricing Disclaimer:
The prices displayed on our website are subject to change without prior notice. These prices do not include shipping charges which may be extra as applicable.
Termination:
SportsFuel reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and SportsFuel may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, SportsFuel reserves the right to exercise whatever means it deems necessary to prevent unauthorized access to the Website. This Agreement will survive indefinitely unless and until SportsFuel chooses, in its sole discretion and without advance intimation to you, to terminate it.
Governing Law & Jurisdiction
This Website originates from Mumbai, India. This Agreement will be governed by the laws of India without regard to its conflict of law. Neither you nor SportsFuel will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in Mumbai. By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
Statute of Limitation:
Any claim or cause of action arising out of or related to the use of the Website or Products or this Agreement must be filed within 3 months after such claim or cause of action arose.
Force Majeure:
Failure on the part of SportsFuel to perform any of its obligations and the non-furnishing of the Service, shall not entitle you to raise any claim against SportsFuel or be a breach hereunder to the extent that such failure arises from an event of Force Majeure. If through force Majeure the fulfilment by either party of any obligation set forth in this Agreement is delayed, the period of such delay will not be counted on in computing periods prescribed by this Agreement. Force Majeure will include any war, civil commotion, strike, governmental action, lockout, lockdown, accident, epidemic or any other event of any nature or kind whatsoever beyond the control of SportsFuel that directly or indirectly hinders or prevents SportsFuel from commencing or proceeding with completion of the transactions contemplated hereby. You expressly agree that lack of funds shall not, in any event, constitute or be considered an event of Force Majeure.
Effect of Waiver:
The failure of SportsFuel to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Inaccuracy:
SportsFuel reserves the right to correct any errors, inaccuracies or omissions that may relate to product descriptions, pricing and availability that may inadvertently be posted on its website or update information at any time without prior notice.
Cessation of Operation:
SportsFuel may at any time, at its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.
Severability:
In the event that any term, condition or provision of this Agreement is held to be a violation of any applicable law, statute or regulation the same shall be deemed to be deleted from this Agreement and shall be of no force and effect and the Balance Agreement shall remain in full force and effect as if such term, condition or provision had not originally been contained in this Agreement.
Governing Law:
These Terms and Conditions or the documents of third party payment channels shall be governed and construed in accordance with the laws of India. This document is an electronic record in terms of the Information Technology Act, 2000 and the amended 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
