BE FITASTIC TERMS AND CONDITIONS OF USE & OWNERSHIP

Welcome to the BE FITASTICTM web site at http://www.befitastic.com (“Site”) which is owned by Be Fitastic Fitness Studio LLP Herein after referred to as “BE FITASTICTM”. This Site is operated by BE FITASTICTM and materials on the Site are primarily owned by BE FITASTICTM. The Site may also include materials owned by third parties and posted on the Site by virtue of a license, grant or some other form of agreement between the third party and BE FITASTIC. BE FITASTICTM has created this Site for your personal enjoyment, entertainment and education. However, you are only authorized to access this Site and contents hereof or to use the materials contained in the Site (regardless of whether your access or use is intended) if you agree to abide by all applicable laws, and to these Terms of Use and Privacy Policy which constitute an Agreement between you and BE FITASTICTM. Please read these Terms of Use carefully and save them. If you do not agree with them, you should leave this Site immediately. Any questions or comments regarding, or problems with, this Site should be sent to the Site Administrator at admin@befitastic.com

The Terms and Conditions mentioned herein are to be read in tandem and in conjunction with the Privacy Policy of BEFITASTIC.COM

BE FITASTICTM reserves the right to modify or amend this Agreement without notice at any time. It is therefore important that you read this page regularly to ensure you are updated as to any changes.

If you become aware of misuse of this Site by any person, please contact the Site Administrator at admin@befitastic.com with your concerns.

ACCESS AND USE

All materials contained in this Site and contents hereof are protected by trademark and copyright laws and must only be used for personal, non-commercial purposes. This means that you may only view or download material from this Site for your own use and you must keep all copyright and other proprietary notices attached to the downloaded material.

The reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), publication, modification, copying or transmission of material from this Site is STRICTLY PROHIBITED unless you have obtained the prior written consent of BE FITASTICTM or unless it is expressly permitted by this Site. The material covered by this prohibition includes, without limitation, any text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on this Site. The use of materials from this Site on any other web site or networked computer environment is similarly prohibited. Requests for permission to reproduce or distribute materials found on this Site can be made by contacting BE FITASTICTM in writing at Business & Legal Affairs BE FITASTICTM at Be Fitastic Fitness Studio LLP, “Second Floor, Anand House, 13th Road Khar West, Mumbai 400052, email at support@befitastic.com

You are also strictly prohibited from creating works or materials that derive from or are based on the materials contained in this Site including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away.

You agree that any Message whatsoever submitted by you onto the site becomes the property of          BE FITASTICTM and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as BE FITASTICTM sees fit.
UNSOLICITED SUBMISSIONS

If unsolicited submissions are sent to BE FITASTICTM via this Site, these submissions become the property of BE FITASTICTM and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as BE FITASTICTM sees fit. You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending an unsolicited submission you waive the right to make any claim against BE FITASTICTM, its parents or affiliates relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.

EMPLOYMENT OPPORTUNITIES

BE FITASTICTM may, from time to time, post BE FITASTICTM employment opportunities on the Site and/or invite users to submit resumes to it. If you choose to submit your name, contact information, resume and/or other personal information to BE FITASTICTM in response to employment listings, you are authorizing BE FITASTICTM to utilize this information for all lawful and legitimate hiring and employment purposes. BE FITASTICTM also reserves the right, at its sole discretion, to forward the information you submit to its parents, subsidiaries and affiliates for legitimate business purposes. Nothing in these Terms of Use or contained in the Site shall constitute a promise by BE FITASTICTM to interview, hire or employ any individual who submits information to it, nor shall anything in these Terms of Use or contained in the Site constitute a promise that BE FITASTICTM will review any or all of the information submitted to it by users.

LINKED SITES AND ADVERTISING

If you are interested in creating hypertext links to this Site, you must contact and take written approval from BE FITASTICTM Marketing at Be Fitastic Fitness Studio LLP, Second Floor, Anand House, 13th Road Khar West, Mumbai 400052, before doing so. In establishing hypertext links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of this Site or BE FITASTICTM, including its respective employees, agents, directors, officers and shareholders.

If BE FITASTICTM has provided links or pointers to other web sites, no inference or assumption should be made and no representation should be implied that BE FITASTIC is connected with, operates or controls these web sites. BE FITASTICTM is not responsible for the content or practices of third party web sites that may be linked to this Site. This Site may also be linked to other web sites operated by companies affiliated or connected with BE FITASTICTM. When visiting other web sites, however, you should refer to each such web site’s individual “Terms of Use” and not rely on this Agreement.

BE FITASTICTM takes no responsibility for third party advertisements which are posted on this Site, nor does it take any responsibility for the goods or services provided by its advertisers.
TERMINATION

BE FITASTICTM reserves the right to immediately terminate your use of, or access to, this Site at any time if BE FITASTICTM decides at its sole discretion that you have breached this Agreement or any relevant law, rule or regulation or you have engaged in conduct that BE FITASTICTM considers to be inappropriate or unacceptable. In such event BE FITASTICTM reserves the right to take appropriate legal action against you.

DISCLAIMER OF LIABILITY AND WARRANTIES

While BE FITASTICTM does its best to ensure the optimal performance of the Site, you agree that you use this Site and rely on material contained in this Site at your own risk. The Site, and all materials in this Site, are provided “as is” and, to the fullest extent permitted by law, are provided without warranties of any kind either express or implied. This means, without limitation, that BE FITASTICTM DOES NOT WARRANT that the Site is fit for any particular purpose; that the functions contained in the materials in the Site will be uninterrupted; that defects will be corrected; that the Site is free of viruses and other harmful components or that the Site is accurate, error free or reliable. You acknowledge that BE FITASTICTM, its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, IS NOT LIABLE for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the theft, destruction, damage or unauthorized access to your computer system or network.

You acknowledge that BE FITASTICTM is not liable for any defamatory, offensive or illegal conduct or material found in connection with this Site, including such conduct or material transmitted by any means by any other person.

You acknowledge that BE FITASTICTM is not liable for any damages, including, without limitation, direct, incidental, special, consequential or punitive, civil or criminal damages or actions, in connection with or arising from your use or from your inability to use the Site.

NO WARRANTY

WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

INDEMNITY

You agree to defend, indemnify and hold harmless BE FITASTICTM, its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorney’s fees and costs) arising out of your use of this Site; your failure to use the Site; your breach or alleged breach of this Agreement or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties.

LEGAL COMPLIANCE

You shall comply with all applicable domestic laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of memberships.

SWEEPSTAKES AND/OR CONTESTS

Sweepstakes, contests, games and other promotions run on BE FITASTICTM web sites may require the visitor to provide some personally identifiable information such as full name, address, e-mail address, and phone number, in order to participate. BE FITASTICTM may use a reputable third party to manage and administer some or all of its sweepstakes and/or contests. This third party may have access to some or all of the personally identifiable information that is provided by the visitor in order to participate in the sweepstakes and/or contest. In those instances, the third party will be instructed by BE FITASTICTM to use the personally identifiable information in a limited manner and only for the specific purpose of the sweepstakes and/or contest related purpose for which it was requested, and in compliance with the BE FITASTICTM International Privacy Policy. Most often this information is used only to select and contact winners of the sweepstakes and/or contests. Any other use of the personally identifiable information by the third party is strictly prohibited. Our sweepstakes and/or contests are targeted to individuals 18 years of age and older, and individuals under 18 years of age are not eligible to participate. BE FITASTICTM requires proof of age in order for an individual to collect any prizes awarded.

Individuals may only be a prize winner once in any ninety (90) day period.

NOTICES

Except as explicitly stated otherwise, any notices shall be given by postal mail to BE FITASTICTM Attn: Legal Department, Be Fitastic Fitness Studio LLP, Second Floor, Anand House, 13th Road Khar West, Mumbai 400052, Maharashtra, INDIA, or to the email address you provide to BE FITASTICTM 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 BE FITASTICTM during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

 

 

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