Terms and Conditions

Website Development: Niyati Technologies

Welcome to our website ("AcmeFitness.com"). By using the Site, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not use this Site. The term the "Publisher" refers to Acme Fitness Private Limited, the owner of the Site. The term "you" refers to the user or viewer of our Site.

1. Acceptance of Agreement.

You agree to the terms and conditions outlined in this Terms of Use Agreement (the "Agreement") with respect to the Site. This Agreement constitutes the entire and only agreement between the Publisher and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the Content and Materials (as hereinafter defined), products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time by the Publisher without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site. By your using the Site, you are presumed to have notice of the latest version of this Agreement.

2. Age restriction

You are aware that Users must be at least Eighteen (18) years of age to use the Site. You hereby represent and warrant that you are at least Eighteen (18) years of age.

3. Purchases

a. Product Quality

You agree that you shall have no claims against the Publisher regarding the quality of any products purchased by you from the Purchaser so long as the product in question is an accurate depiction of the image selected by you, on the medium selected by you.

b. Delivery of Order

Despatch of the products will be made within seven to fourteen business days from the date of receipt of full payment. We are not responsible for any delay in delivery of the consignment due to any factor beyond our control. The products will be despatched to the address mentioned in the order form. In case the products are to be despatched to any other address, the same should be specified in the order form.

c. Payment

No order shall be considered confirmed until such confirmation is communicated to you in writing by the Publisher. You agree to render payment for any goods or services purchased from the Publisher on the Site in accordance with the terms hereof.

4. Links

You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content and Materials contained in the Site, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content and Materials, to obtain or attempt to obtain any information through any means not purposely made available by the Publisher through the Site.

5. Copyright.

The Content and Materials, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyright, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site is strictly prohibited. You do not acquire ownership rights to any Content and Materials, document or other materials viewed through the Site except where the ownership rights to such Content and Materials already vested with you prior to upload to the Site. You acknowledge that some of the Content and Materials on the Site is the copyrighted work of third parties.

6. Restrictions and Prohibitions on Use.

Your license for access and use of the Site and any information, materials or documents (collectively "Content and Materials") therein are subject to the following restrictions and prohibitions on use: You may not (a) copy, print (except for the express limited purpose permitted by Section 4 above), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any Content and Materials retrieved therefrom; (b) use the Site or any materials obtained from the Site to develop any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (c) create compilations or derivative works of any Content and Materials from the Site; (d) use any Content and Materials from the Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of the Publisher or any third parties; (e) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Site or on any Content and Materials; (f) make any portion of the Site available through any timesharing system, service bureau, the internet or any other technology now existing or developed in the future; (g) remove, decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture; (h) use any automatic or manual process to harvest information from the Site; (i) use the Site for the purpose of gathering information or for transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; or (3) unsolicited telephone calls or facsimile transmissions; (j) use the Site in a manner that violates any applicable law regulating email, facsimile transmissions or telephone solicitations; and (k) export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of any applicable export control laws or regulations.

7. Registration.

The Site may require you to register as a User by creating an Account. You agree to provide the Publisher with accurate, complete registration information. Each Account is for your personal use only and shall not be created on behalf of any other person or entity. You agree that any Account registered by you shall not involve (a) any person other than you making use of such Account; or (b) access through a single Account being made available to multiple users on a network. You hereby agree that you shall be liable for any failure to prevent such unauthorized use of your Account. Publisher may suspend any account suspected of unauthorized use at any time

Creating multiple Accounts for a single User with the purpose of abusing Publisher's special offers is strictly prohibited and considered abuse of the Site. You agree that you will not take part in abuse of Publisher's Special Offers through the creation of multiple accounts. Publisher may suspend, and not reinstate, any and all accounts belonging to a User suspected of such abuse.

8. Errors, Corrections and Changes.

The Publisher does not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. The Publisher does not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. The Publisher reserves the absolute right to make changes to the features, functionality or Content and Materials of the Site at any time. The Publisher reserves the absolute right, in its sole discretion, to edit or delete any documents, information or other Content and Materials appearing on the Site and you agree that you shall have no recourse to the Publisher as regards any such editing or deletion.

9. Third Party Content.

Third party Content and Materials may appear on the Site or may be accessible via hyperlinks from the Site. The Publisher is not responsible for and assumes no liability whatsoever for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of Content and Materials appearing on the Site or accessible via hyperlinks from the Site.

10. Unlawful Activity.

Notwithstanding the terms of the Privacy Policy, the Publisher reserves the right to investigate complaints or reported violations of this Agreement and to take any action the Publisher deems appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your Account profile, email addresses, usage history, posted materials, IP addresses and traffic information.

11. Indemnification.

You agree to indemnify, defend and hold the Publisher and its partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorneys' fees, related to your violation of this Agreement or use of the Site.

12. Non-transferable.

Your right to use the Site is not transferable or assignable. Any password or right given to you to obtain information or documents or any other access to the Site is not transferable or assignable.

13. Disclaimer.

THE CONTENT AND MATERIAL FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH "ALL FAULTS", AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FREEDOM FROM ERROR, AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. THE PUBLISHER AND ITS AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 19(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, THE PUBLISHER AND ITS AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN THE PUBLISHER AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS, CONTENT AND MATERIALS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.

14. Limitation of Liability

a. The Publisher and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Site or any services or products obtainable therefrom; (b) the unavailability or interruption of the Site or any features thereof; (c) your use of the Site; (d) the Content and Materials contained on the Site; or (e) any delay or failure in performance beyond the control the Publisher or any Affiliated Party.

b. THE AGGREGATE LIABILITY OF THE PUBLISHER AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED UNITED STATES DOLLARS ONE HUNDRED ONLY (USD 100) AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST THE PUBLISHER AND ANY AFFILIATED PARTY.

15. Use of Information.

The Publisher hereby reserves the right, and you hereby authorize the Publisher, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with the Privacy Policy. All remarks, suggestions, ideas, graphics, or other information communicated by you to the Publisher (each, a "Submission") will forever be the property of the Publisher. The Publisher will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in its future products, services or operations. Without limitation, the Publisher will have exclusive ownership of all present and future existing rights to each Submission of every kind and nature everywhere. The Publisher will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not the Publisher, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

16. Third-Party Services.

a. The Publisher may allow access to or advertise certain third-party product or service providers ("Merchants") from which you may purchase certain goods or services. You understand that the Publisher do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. The Publisher is not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY THE PUBLISHER, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES SHALL THE PUBLISHER BE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE HYPERLINKED TO OUR SITE.

b. All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant sites. The Publisher shall not be responsible for information provided by you to Merchants. The Publisher and the Merchants are independent contractors and neither has authority to make any representations or commitments on behalf of the other.

17. Privacy Policy.

Our Privacy Policy, as it may be modified from time to time, is hereby expressly made part of this Agreement.

18. Payments.

You represent and warrant that if you are purchasing something from the Publisher or from Merchants that (i) any credit information you supply is true and complete; (ii) charges incurred by you will be honored by your credit card company; and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.

19. Reliance on Information.

The Site may include statements concerning the Publisher's operations, prospects, strategies, financial condition, future economic performance and demand for the Publisher's products or services, as well as the Publisher's intentions, plans and objectives (particularly with respect to product and service offerings), that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond the Publisher's control. You acknowledge that such information is not intended to be a substitute for representations expressly made to you by the Publisher, if and when made, and that you rely upon such information at your sole risk and liability.

20. Links to other Web Sites.

The Site contains hyperlinks to other web sites. The Publisher disclaims all liability for the content, accuracy or opinions express in such web sites, and such web sites are not investigated, monitored or checked for accuracy, completeness or compliance with law by the Publisher. Inclusion of any hyperlinked web site on the Site does not imply approval or endorsement of the hyperlinked web site or any content thereof by the Publisher. If you decide to leave the Site and access these third-party sites, you acknowledge that you do so at your own risk.

21. Information and Press Releases.

The Site contains information and press releases about the Publisher. The Publisher disclaims any duty or obligation to update this information or any press releases. Information about companies other than the Publisher contained in any press release or otherwise, should not be relied upon as being provided or endorsed by the Publisher.

22. Legal Compliance.

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the Content and Materials provided therein.

23. Miscellaneous.

This Agreement shall be treated as though it were executed and performed in India, [and shall be governed by and construed in accordance with the laws of the Republic of India (without regard to conflict of law principles). All actions shall be subject to the limitations set forth in Section 18 and Section 19. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. This Agreement and all incorporated agreements and your information may be automatically assigned by the Publisher in its sole discretion to a third party in the event of an acquisition, sale or merger. Should any part of this Agreement be held invalid or unenforceable, that portion shall be severed and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. The Publisher's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The Publisher's rights under this Agreement shall survive any termination or modification of this Agreement.

The Publisher may terminate your membership/Account or delete any Content and Materials uploaded by you to the Site at any time without notice for any reason including contravention of this Agreement or any applicable law.

24. Arbitration.

Notwithstanding anything to the contrary contained herein, any legal controversy or legal claim arising out of or relating to this Agreement, excluding legal action taken by the Publisher to collect or recover damages for, or obtain any injunction relating to, Site operations, intellectual property, and our services, shall be settled solely by binding arbitration in accordance with the [Indian] Arbitration and Conciliation Act, 1996. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Chennai, India, and judgment on the arbitration award may be entered into any court having jurisdiction. Either you or the Publisher may seek any interim or preliminary relief from a court of competent jurisdiction in Chennai, India necessary to protect the rights or property of you and the Publisher pending the completion of arbitration. Subject to the foregoing, the courts of Chennai, India shall have jurisdiction over any dispute arising hereunder.

25.WARRANTY:

All our products carry a warranty of one year from the date of invoice for any manufacturing defects arising out of faulty or defective materials or workmanship. All Warranty is Valid only in India & has to be sent back to us freight prepaid for repairs or replacement.The products will be rectified and delivered within Chennai only.

The warranty terms are void in case of any of the following:

• The product is damaged by physical abuse, improper handling, reckless use or negligence of the user;

• Any repairs or modifications are attempted on the product by unauthorised persons.

• The Warranty seal on the rear cover of the product is removed or tampered with

• The serial number of the product is deleted, defaced or altered.

• The warranty terms are void if the counterfoils printed in the instruction manual sent to the customer along with the product is not duly filled and returned to us within fifteen days from the date of purchase.

"We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time"