Terms Of Services

Welcome! Please read carefully the terms of service before you start using SIDFIT(Our Website), services, and/or products which are designed to meet the requirements of our customers.

By using our website or by accepting the link to agree to these site terms (when such option is made available to you), you accept and agree to abide by the terms of the service and privacy policy, and with respect to the purchase of our services and/or products, including the courses, each of which is incorporated herein by reference.

By using our website, you agree that you have read, understood and agree to be bound these terms.

Our website offers services to users who are 18 years of age or above. By accessing or using our website, you represent and warrant that you are of legal age to form a binding contract with us. If you do not meet this requisite, you shall not access or use our website.

About us

Our Website (SIDFIT) is an e-commerce platform operated by FIRST POINT CREATIONS. The said registered office is located at Sydney, Australia and its corporate office is located at G-55, Basement, Msjid Moth, Greater Kailash-III, New Delhi, INDIA. Our Website gives users a wide range of services pertaining to physical fitness whilst keeping a balance with overall wellbeing. You acknowledge and agree that the following warnings and disclaimers shall apply to all of our content.

These terms are in the format of an electronic record in consonance with Information Technology Act, 2000 and published in accordance with the provisions of Rule 4 of the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 which require publishing the Rules and Regulations, Privacy Policy and Terms and Conditions for access or usage of Platform through the Website.

If you do not agree to the Site Terms, please do not use Our Website. We may modify the Site Terms at any time. If you do not agree to the changes, you may discontinue using Our Website before the changes take effect. Your continued use of Our Website after any such changes take effect constitutes your acceptance to such changes. Each time you visit or log into Our Website, you reaffirm your acceptance of the Site Terms. You are responsible for regularly reviewing the Site Terms. The Site Terms are supplemented by additional terms and conditions applicable to privacy contained in Our Privacy Policy and by additional terms and conditions applicable to the purchase and sale of products and services contained in Our Terms of Sale, and may be supplemented by additional terms and conditions applicable to specific areas of Our Website, or to particular content or transactions are posted with respect to particular areas of Our Website and, together with these Site Terms, govern your use of those areas, content, or transactions.

SECTION 1: ONLINE STORE TERMS

You shall not use, reproduce or modify our services and/or products for any illegal or unauthorised purposes nor shall you, in the use of these Services, violate any laws in your jurisdiction (including but not limited to copyright laws).

You shall not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2: GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any point of time we deem fit and reasonable.

You shall understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You shall agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We shall not be responsible if information made available on Our Website doesn’t seem accurate, complete or current. The content on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the content on this site shall be at your own risk.

Before accessing contents from Website, it is highly recommended that you consult with a physician or other license health care provider.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on Our Website. You agree that it is your responsibility to monitor changes to Our Website.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our services and/or products offered at Our Website might change at any point of time without providing any notice. 

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 –SERVICES AND/OR PRODUCTS (if applicable)

Certain services and/or products may be available exclusively online through Our Website. These services and/or products may have limited quantities and are subject to return or exchange in accordance with the Return Policy.

We reserve the right, however without obligation, to limit the sales of our services and/or products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any services and/or products that we offer. All descriptions of services and service pricing are subject to change at any time without notice, at our sole discretion.

We reserve the right to discontinue any service at any time. Any offer for any services and/or products made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 – THIRD-PARTY TOOLS

Our Website may offer you access to third-party tools over which we neither regulate nor have any control.

You shall acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions whatsoever and shall have no liability whatsoever arising therefrom.

Any use by you of third-party tools available at the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

Certain contents which are made available on Our Website might contain information from third parties. The third-party links might direct you to third-party websites which are not affiliated with us. We shall not be responsible for warranting the websites nor shall be liable for any damages caused to you by these third-party links.

Please do review the terms and conditions, and privacy policy of the third-party links before engaging in any sort of transaction.

SECTION 8 – USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS:

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You are not allowed to use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy.

SECTION 9 - ERRORS, INACCURACIES, AND OMISSIONS

Seldom, on occasions, there might be certain information on Our Website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 10 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, national, state or regional regulations, rules, laws; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 11 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. There may be delays, ommissions, interruptions and inaccuracies in the information uploaded in Our Website.

We do not make any representations, nor endorse accuracy, completeness, timeliness or reliability of any advice, statement or opinion or other material displayed, uploaded or distributed on Our Website

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

We do not guarantee or warrant that Our Website or contents downloaded from Our Website do not contain any destructive viruses.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

SECTION 12: INDEMNIFICATION                     

You agree to indemnify, defend and hold harmless SidFit and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

In no event shall the Indemnitees be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, arising out of or in connection with Your use of or access to the Platform, Platform Services or Content on the Platform. The limitations and exclusions in this Section apply to the maximum extent permitted by applicable laws.

In addition, and without limiting the foregoing, to the fullest extent permitted by applicable law, in no event will Indemnitees aggregate liability arising out of or in connection with these Terms of User or the services rendered hereunder, whether in contract, tort (including negligence, product liability, or other theory), warranty, or otherwise, exceed the amount of actual fees charged from You.

If applicable law does not permit the exclusion of certain warranties or the limitation or exclusion of liability, the scope and duration of such warranty exclusions and the extent of the liability of Company shall be the minimum permitted under applicable law.

SECTION 13: SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 14: TERMINATION OF SERVICE

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

If there is a failure in compliance of Terms of Service, then we reserve the right to terminate this agreement at any time without any notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 15: REFUND POLICY

‚ÄčNo services rendered by Our Website are subject to refund on account of cancellation, either partially or wholly.

SECTION 16: GOVERNING LAWS

You acknowledge and agree that Our Website (inclusive of all transactions, contests, promotions, products, or services offered or effected through it) and these contractual terms shall be construed and evaluated according to the Laws of India.

You thereby further acknowledge and agree that your use of Our Website and all of the communications, transmissions, and transactions associated with it shall be deemed to occur in New Delhi.

You hereby irrevocably submit to the exclusive jurisdiction of the Courts of New Delhi as per the proper and most convenient forum for any dispute from your use of Our Website.

You acknowledge that any proceeding arising from your use of Our Website must be commenced in New Delhi regardless of where you may be located and regardless of the application of any conflicts of law principles.

SECTION 17: OWNERSHIP OF INTELLECTUAL PROPERTY, COPYRIGHTS AND LOGOS

The Services and all content therein or transferred thereby, including without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of sidfit.

Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.

You do not own rights to any article, book, ebook, document, blog post, art, graphic, image, logo, photo, video, webinar, recording or other materials viewed or listened to through or from our website or via email.

YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE CONTENT ON OUR WEBSITE, INCLUDING TEXT, GRAPHICS, EBOOKS, OR VIDEOS. You may not sell or modify the content or reproduce, display, publicly perform, distribute, or otherwise use the content in any way for any public or commercial purpose.