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bodypower.com (‘Website’) is an online service owned, operated and managed by BodyPower Fitness Pvt Ltd (‘BodyPower’ or ‘we’ or ‘us’). In using/accessing the website, you are deemed to have accepted the terms and conditions of the agreement listed below or as may be revised from time to time (‘User Agreement’), which is, for an indefinite period and you understand and agree that you are bound by such terms till the time you access this Website. If you have any queries about the terms and conditions of this User Agreement or have any comments or complaints on or about the Website, please email us at firstname.lastname@example.org or WhatsApp 9699553927. We reserve the right to change the terms and conditions of this User Agreement from time to time without any obligation to inform you and it is your responsibility to look through them as often as possible.
OWNERSHIP OF RIGHTS:
Any use of this Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the explicit permission of BodyPower. All information displayed, transmitted or carried on the Website is protected by copyright and other intellectual property laws. Copyrights and other intellectual property in respect of some of the content on the Website may be owned by the third parties. This site is designed, updated and maintained by BodyPower or its licensors. You shall not modify, publish, transmit, transfer, sell, reproduce, create derivative work from, distribute, repost, perform, display or in any way commercially exploit any of the content available on the Website.
THE ACCURACY OF THE CONTENT AND INVITATION TO OFFER:
We have taken all care and precaution to try and provide accurate data and information. In the preparation of the content of this Website, to ensure that prices quoted are correct at time of publishing and all products have been fairly described. All prices are displayed inclusive or exclusive of GST based upon product category. Services, however, are listed exclusive of service tax as rules for service tax vary with different services. Packaging may vary from that shown. The weights, dimensions and capacities given are approximate only. We have made every effort to display as accurately as possible the colours of our products that appear on the Website. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will accurately reflect the colour of the product on delivery. All products/services and information displayed on the Website constitute an invitation to offer. Your order for purchase constitutes your offer which shall be subject to the terms and conditions of this User Agreement. We reserve the right to accept or reject your offer in part or in full. Our acceptance of your order will take place upon dispatch of the product(s) ordered. Dispatch of all the product(s) ordered, may or may not happen at the same time, in such a scenario that portion of the order which has been dispatched will be deemed to have been accepted by us and the balance would continue to be on offer to us and we reserve the right to accept or reject such balance order. No act or omission of BodyPower prior to the actual dispatch of the product (s) ordered will constitute acceptance of your offer. If you have supplied us with your email address or phone number, we will notify you by email and/or phone number, as the case may be, as soon as possible to confirm receipt of your order and email/contact you again to confirm dispatch and therefore acceptance of the order.
• A user is hereby authorized to use the website for a lawful purpose and for the purposes as mentioned under the policies of the BodyPower only, any violation to the policy will lead to strict legal action against the User in terms of the policies and applicable laws.
• BodyPower strives to provide the best prices possible on products and services to users buying or availing from the Website. However, BodyPower does not guarantee that the price will be the lowest in the city, region or geography. Prices and availability are subject to change without notice or any consequential liability on the BodyPower,
• BodyPower has a network of vendors and reserves the right to pass on the orders to any of the vendor for fulfilment.
• The prices displayed for each item under the promotion will be for the respective days of promotion only and will not be applicable on any date prior to or after the date of promotion.
• All offers on Products shall be for limited stocks and are for a limited period(s). BodyPower may at its sole discretion modify, extend, update or withdraw the offers on products without prior notice to the Users. In such events, the revisions, as the case may be, will be updated on the website accordingly;
• A promo code if any, once used shall not be refunded in case of cancellation of order either by Customer or BodyPower.
• We don’t run the promotions that prompt users to initiate a purchase, download, or other commitment without first providing all relevant information and without obtaining the user’s explicit consent promotions that represent our services in a way that is not accurate, realistic, and truthful.
• All products sold on india.bodypower.com through our sellers are genuine. All sellers listing their products on india.bodypower.com are required to enter an agreement to list and sell only genuine products. And sellers determine the prices of the products they sell. We guarantee the condition of the item you buy when you purchase from sellers on india.bodypower.com. However, this guarantee is not applicable to manufacturing defects.
• BodyPower may, at any time due to various reasons, including but not limited to technical errors, unavailability of stocks or for any other reasons whatsoever, cancel the orders placed by Users. BodyPower’s decision of cancellation of the order shall be final and BodyPower shall not be liable for such cancellation(s) whatsoever.
• Expected delivery time as mentioned on the website may vary than the usual time of delivery.
• BodyPower strives to provide accurate products, services and pricing information, typographical and other errors may occur. In the event that a product or service is listed at an incorrect price or with incorrect information due to an error in pricing or product or service information, BodyPower may, at its discretion, either contact User for instructions or cancel the User’s order and will notify the User about such cancellation.
• BodyPower shall have the right to modify the price of a product or service at any time, without any prior information.
• Cancellation by BodyPower: There may be certain orders that BodyPower is unable to accept and must cancel. BodyPower reserves the right, at its sole discretion, to refuse or cancel any order for any reason whatsoever, without assigning any reason to the User, User accepts and undertake that the same is acceptable and he/ she/ it will not contest/ raise any dispute on the same. The situations that may result in cancellation of User’s order includes, without limitation, non-availability of the product or quantities ordered by User, non- availability of the service, inaccuracies or errors in pricing information, or problems identified by BodyPower’s credit and fraud avoidance department;
• BodyPower may also require additional verifications or information before accepting any order. BodyPower will contact the User if all or any portion of User’s order is cancelled or if additional information is required to accept the User’s order. If the order is cancelled after the credit card has been charged, the said amount will be reversed back in User’s credit card account;
• Cancellation by the User: In case of requests for order cancellations, BodyPower, at its sole discretion, reserves the right to accept or reject requests for order cancellations for any reason whatsoever, without assigning any reason to the User. As part of usual business practice, if BodyPower receives a cancellation notice and the order has not been processed/ approved by BodyPower, BodyPower shall cancel the order and refund the entire amount to User within a reasonable period of time;
• BodyPower will not be able to cancel orders that have already been processed, it is pertinent to note that the BodyPower has the full right to decide whether an order has been processed or not. User hereby agrees and undertakes that the decision taken by the BodyPower is acceptable to User and User shall not create any dispute on the decision taken by BodyPower on cancellation;
• Returns by User: BodyPower reserves the right, at its sole discretion, to accept or reject requests for order return requests for any reason whatsoever after verifying all the proofs reviewed by our team. It is pertinent to note that the BodyPower has the full right to decide whether an order has to be returned or not. User hereby agrees and undertakes that the decision taken by the BodyPower is acceptable to User and User shall not create any dispute on the decision taken by BodyPower on returns policy.
• BodyPower reserves the right to cancel any orders that classify as ‘Bulk Order’ as determined by BodyPower as per certain criteria. BodyPower Reward Point or Promo Code used for placing the ‘Bulk Order’ will not be refunded as per this cancellation policy. An order can be classified as ‘Bulk Order’ if it meets with the below-mentioned criteria, which may not be exhaustive, viz:
1. Products ordered are not for self-consumption but for commercial resale;
2. Multiple orders placed for the same product at the same address;
3. Bulk quantity of the same product ordered;
4. Invalid address given in order details;
5. Any malpractice used to place the order.
• BodyPower Reserve the right, at its sole discretion, to change, modify, add or remove portions of this document, at any time without any prior written notice to the user;
• Limitation of Liability: Under no circumstances, BodyPower’s liability shall exceed giving the User a replacement of the same product/ alternate product of the same value;
• These terms and conditions are subject to Indian laws and any dispute shall be subject to the jurisdiction of the courts in Mumbai (India) only.
You shall not use the Website for any of the following purposes:
• Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
• Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
• Gaining unauthorized access to another computer/network systems.
• Interfering with any other person’s use or enjoyment of the Website.
• Breaching any applicable laws.
• Interfering or disrupting networks or websites connected to the Website.
• Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
You are not permitted to host, display, upload, modify, publish, transmit, update or share any information on the Website that
• belongs to another person and to which you do not have any right to;
• is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, 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;
• harm minors in any way;
• infringes any patent, trademark, copyright or other proprietary rights;
• violates any law for the time being in force;
• deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
• impersonate another person;
• contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource including the Website;
• threatens the unity, integrity, defence, 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.
You are also prohibited from:
• violating or attempting to violate the integrity or security of the Website or its content;
• transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of services by us;
• intentionally submitting on the Website any incomplete, false or inaccurate information;
• making any unsolicited communications to other users of the Website;
• using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
• attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
• copying or duplicating in any manner any of the content on the Website or other information available from the Website;
• framing or hotlinking or deep linking any content on the Website.
We reserve the right, at our sole discretion, to limit the number of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit/debit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. We also reserve the right, at our sole discretion, to prohibit sales to any one as we may deem fit.
While we strive to provide accurate product and pricing information, pricing or typographical errors may occur. We cannot confirm the price of a product until after you order. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, we shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched. In the event that an item is mispriced, we may, at our sole discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been dispatched, your offer will not be deemed accepted and we will have the right to modify the price of the product and contact you for further instructions using the e-mail address or the contact number provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event, we accept your order the same shall be debited to your credit/debit card account and duly notified to you by email or the contact number, as the case may be, that the payment has been processed. The payment may be processed prior to dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your credit/debit card account. We strive to provide you with the best value, however, prices and availability are subject to change without notice. Our promotional offers/discounts do not sitewide and are limited to selected categories.
We disclaim all warranties or conditions, whether expressed or implied, (including without limitation implied, warranties or conditions of information and context). We shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this Website. This User Agreement and any contractual obligation between us and you will be governed by the laws of India, subject to the exclusive jurisdiction of Courts in Mumbai. All disputes will be subject to arbitration in Mumbai in English by a single arbitrator appointed by us under the Arbitration and Conciliation Act, 1996. Each party to the arbitration shall bear its own cost. You agree to defend, indemnify and hold harmless BodyPower, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to BodyPower or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to intellectual property rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
ELIGIBILITY TO USE:
Use of the Website is available only to persons who can form legally binding contracts under applicable law. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Website. We reserve the right to terminate your membership and refuse to provide you with access to the Website at our sole discretion. The Website is not available to persons whose membership has been suspended or terminated by us for any reason whatsoever. If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement. We make no representation that any products or services referred to in the materials on this Website are appropriate for use, or available outside India. Those who choose to access this Website from outside India are responsible for compliance with local laws if and to the extent local laws are applicable. We will deliver the products only within India and will not be liable for any claims relating to any products ordered from outside India. Some Indian states prohibit direct sale of merchandise from other states and require special documentation to effect such a sale without dual taxation, if we receive an order from such states or to be delivered to such states under such circumstances we retain the right to accept or reject the order at our sole discretion. Those who choose to access this Website from Indian states which restrict such use are responsible for compliance with local laws if and to the extent local state laws are applicable. We will deliver the products only within states having open import policy and will not be liable for any claims relating to any products ordered from restricted states. Except where additional terms and conditions are provided which are product specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted.