Welcome to Fitmorphs (the “Platform”), an e-commerce platform operated by Fitmorphs Private Limited (“Fitmorphs,” “Company,” “we,” “us,” or “our”). Fitmorphs’ registered office is located at Dhanori, Pune, Maharashtra, India.
This document is an electronic record in terms of 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 that require publishing the rules and regulations, privacy policy, and terms and conditions for access or usage of Platform through Fitmorphs mobile application (hereinafter referred to as “Mobile Application”) and website – [www.fitmorphs.com] (hereinafter referred to as "Website") and our related website, application, services, products, devices, and content (together with the Mobile Application and Website, collectively referred to as “Services”).
User Agreement: These terms and conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you” or “user” or “client”) and Fitmorphs, concerning your access to and use of the Website and Fitmorphs Mobile Application as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the “Website and Mobile Application”). Fitmorphs may have subsidiaries and affiliated legal entities around the world ("Subsidiaries and Affiliates"), providing the Services to you on behalf of Fitmorphs. You acknowledge and agree that the Subsidiaries and Affiliates will be entitled to provide the Services to you under the terms of this agreement. You agree that by accessing the Website and/or Mobile Application, you have read, understood, and agree to be bound by all of these terms and conditions.
If you do not agree with all or any of these terms and conditions, then you are expressly prohibited from using the Website and Mobile Application and you must discontinue their use immediately.
Changes to Terms & Conditions: Supplemental terms and conditions or documents that may be posted on the Website/Mobile Application from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these terms and conditions at any time and for any reason. We will alert you about any changes by updating the “Last Updated” date of these terms and conditions, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these terms and conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised terms and conditions by your continued use of the Website/Mobile Application or using any of the services after the date such revised terms and conditions become effective.
The information provided on the Website/Mobile Application is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Website/Mobile Application from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
You must be at least 18 to enroll with a coach on the platform. If you are below the ages of 18 (“minor”), you may use our services only with the supervision and consent of a parent or guardian. No individual under these age limits may use our services, provide any personal data to Fitmorphs, or otherwise submit personal data through the services (e.g., a name, address, telephone number, or email address).
As a minor if you wish to use our products or services, such use shall be made available to you by your legal guardian or parents, who has agreed to these terms. In the event a minor utilizes the application/website/services, it is assumed that he/she has obtained the consent of the legal guardian or parents and such use is made available by the legal guardian or parents. The company will not be responsible for any consequence that arises as a result of misuse of any kind of our website or any of our products or services that may occur by virtue of any person including a minor registering for the services/products provided. By using the products or services you warrant that all the data provided by you is accurate and complete and that the minor using the website has obtained the consent of parent/legal guardian (in case of minors). The company reserves the right to terminate your account and/or refuse to provide you with access to the products or services if it is discovered that you are under the age of 18 (eighteen) years and the consent to use the products or services is not made by your parent/legal guardian or any information provided by you is inaccurate. You acknowledge that the company does not have the responsibility to ensure that you conform to the aforesaid eligibility criteria. It shall be your sole responsibility to ensure that you meet the required qualification. Any persons under the age of 18 (eighteen) should seek the consent of their parents/legal guardians before providing any information about themselves or their parents and other family members on the website.
Our services allow you to purchase various products and services from us. An illustrative list of such products and services is listed below. We reserve the right to amend, discontinue, withdraw, or cease our service offerings at any time.
a) Strength and Conditioning Coaching: A session/subscription based offering which allows users to access existing media and content relating to strength and conditioning, and book real-time sessions relating to strength and conditioning.
b) Nutrition and Fitness Coaching: A session/subscription based offering which allows users to access existing media and content relating to nutrition and fitness.
c) Fitmorphs Kids: A session/subscription based offering specially designed for kids and teenagers which allows users access to existing media as well as specially designed/curated courses related to health, fitness and overall development.
d) Injury Rehab: A session/subscription based offering curated by specialized experts such as physiotherapists which allows users access to existing media as well as live sessions related to injury rehabilitation.
e) Fitshop: An online shop which allows users to redeem products either manufactured by Fitmorphs or sourced from third party (“products”) in exchange for Fitcoins.
f) Food Database: A database containing a combination of nutritional information provided by Fitmorphs, or Fitmorphs users.
g) Fitmorphs E-commerce Platform: A platform “www.fitmorphs.com” where users can browse and purchase fitness accessories.
h) Specialist Lifestyle Management Professionals: A session/subscription based offering wherein qualified and trained fitness and nutrition professionals guide users with diabetes in managing the symptoms and to make lifestyle changes & corrections. This is not a medical service/support, but is purely exercise, guidance, dietary and nutrition based.
In consideration of being allowed to participate in the Strength and Conditioning, Nutrition and Fitness Coaching services offered by Fitmorphs and to use its Strength and Conditioning, Nutrition and Fitness Coaching services, in addition to the payment of any fee or charge, you do hereby waive, release and forever discharge and hold harmless Fitmorphs and its coaches, consultants, officers, agents, and employees from any and all responsibility, liability, cost and expenses, including injuries or damages, resulting from your participation in any activities, or your use of any Strength and Conditioning, Nutrition and Fitness Coaching services. You also hereby release Fitmorphs, its coaches, consultants, officers, agents and employees from any responsibility or liability for any injury, damage or disorder (physical, metabolic, or otherwise) to you, or in any way arising out of or connected with your participation in any activities with Fitmorphs.
You understand and you are aware that strength, flexibility, and aerobic exercise, including the use of equipment are a potentially hazardous activity. You also understand that fitness activities involve a risk of loss of personal property, serious injury and even death, and that you are voluntarily participating in these activities and using equipment and machinery with knowledge of the risk involved. You hereby agree to expressly assume and accept any and all risks of loss of personal property, serious injury or death related to said fitness activities. In addition, you certify that you are 18 years of age or older. You do hereby further declare yourself to be physically sound and suffering from no condition, impairment, disease, infirmity or other illness that would affect nutrient metabolism or prevent your participation or use of equipment or machinery except as hereinafter stated.
And you also agree that if you are suffering from any ailment or any medical condition you have to inform and produce relevant documents to Fitmorphs before beginning any fat loss effort regimen, physical activities or any other plans that may be referenced, discussed or offered under the services. You do hereby acknowledge that Fitmorphs has recommended to you to obtain a physician’s approval for your participation in an exercise/fitness activity or in the use of exercise equipment and machinery. You also acknowledge that Fitmorphs has recommended that you have a yearly or more frequent physical examination and consultation with your physician as to physical activity, exercise and use of exercise and training equipment so that you might have his/her recommendations concerning these fitness activities and use of equipment. You acknowledge that you have either had a physical examination and been given your physician’s permission to participate, or that you have decided to participate in activity and use of equipment, machinery, and programs designed by Fitmorphs without the approval of your physician and do hereby assume all responsibility for your participation and activities, and utilization of equipment and machinery in your activities.
Our approach to improve your fitness is based on the principle of nutrition, exercise, & lifestyle modifications advice. We make no guarantees or claims regarding the recovery from the illness.
The nutrition/training plans provided by the coaches/training and available on Fitmorphs are not meant to cure any disease or health conditions. Always consult with your healthcare provider prior to adjusting your any new nutrition and/or training plan. The results of the customized diet and fitness plans given by the coaches/training specialists and available on Fitmorphs varies from individuals to individuals.
You understand that you are agreeing to the terms of the company i.e. Fitmorphs having known that beforehand and understand that not following the instructions and structured nutritional and fitness plans entirely and regularly will not produce 100% results.
Life Coaching Disclaimer: You are solely responsible for creating and implementing your own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the use of the services and your interactions with the coach. As such, you agree that the coach is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any services provided by the coach. You understand coaching is not therapy and does not substitute for therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease.
You acknowledge that coaching does not involve the diagnosis or treatment of mental disorders as defined by the Indian Psychiatric Society Association and that coaching is not to be used as a substitute for counseling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, medical or other qualified professionals and that it is the your exclusive responsibility to seek such independent professional guidance as needed. If you are currently under the care of a mental health professional, it is recommended that you promptly inform the mental health care provider of the nature and extent of the coaching relationship agreed upon by you and the coach.
You understand that in order to enhance the coaching relationship, you agree to communicate honestly, be open to feedback and assistance and create the time and energy to participate fully in the program.
Fitmorphs, and Me vs Me Challenge are registered trademarks of Fitmorphs Private Limited. Unless otherwise indicated, the Website/Mobile Application is our proprietary property and all content, source code, databases, functionality, software, website designs, audio, video, text, images, photographs, graphics, illustrations, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles, and other materials, including nutritional information contributed to the food database on the Website/Mobile Application (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of India, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Website/Mobile Application “as is” for your information and personal use only. Except as expressly provided in these terms and conditions, no part of the Website/Mobile Application and no Content or Marks may be modified, copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, performed, encoded, translated, transmitted, distributed, sold, licensed, create derivative works of or otherwise exploited for any commercial purpose whatsoever in whole or in part, without our express prior written permission.
Provided that you are eligible to use the Website/Mobile Application, you are granted a limited license to access and use the Website/Mobile Application and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Website/Mobile Application, the Content and the Marks.
Our commercial partners, suppliers, advertisers, sponsors, licensors, contractors and other third parties may also have additional proprietary rights in the Content which they make available on our services. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded to your computer, phone, tablet or any other mobile device, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other applications or networked computer environment is strictly prohibited unless you receive our prior written consent.
By using the Website/Mobile Application, you represent and warrant that:
All registration information you submit will be true, accurate, current, and complete.
You will maintain the accuracy of such information and promptly update such registration information as necessary.
You have the legal capacity and you agree to comply with these terms and conditions.
You are not a minor in the jurisdiction in which you reside.
You will not access the Website/Mobile Application through automated or non-human means, whether through a bot, script or otherwise.
You will not use the Website/Mobile Application for any illegal or unauthorized purpose; and
Your use of the Website/Mobile Application will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Website/Mobile Application (or any portion thereof).
You may be required to register with the Website/Mobile Application. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
All products listed for sale at the Fitshop are subject to availability and supplier restrictions at the time of purchase. The products listed in the Fitshop are subject to change without any prior notice.
Products listed on Fitshop are meant for end-consumers only (and not resale). We may refuse to service your order if we suspect that you are buying products for resale.
Fitmorphs may cancel or refuse your order, or limit the quantity of products stated in your order, at its sole discretion. Fitmorphs may also require further information from you before confirming or processing your order.
The price of products is displayed in Indian Rupees. It may exclude delivery charges, postage and handling charges, conveyance charges, and/or applicable taxes. However, the total price of products (including voluntary and involuntary charges) will be shown to you and your consent will be taken before confirming any order.
We endeavor to deliver purchased products to you as soon as possible, as per the indicative delivery schedule shown on our Mobile Application/Website. However, the actual delivery times may vary, and depend on many factors beyond our control (like area/pin code of delivery, processing of shipments by our logistics vendors, availability of transport services, or any other factors not within our control). We assume no liability if products are delivered after the indicative delivery schedule.
Title in products bought from the Fitshop will pass to you upon delivery of the products to our transport carrier. However, the risk of loss or damage to products will pass to you upon delivery of the products at your submitted address.
Fitmorphs does not accept liability for damage to persons or property whatsoever caused in relation to products bought by Fitmorphs users through Fitshop.
Fitmorphs will not be liable or responsible for the products offered through the Fitshop and Fitmorphs gives no warranty (whether express or implied) or representation either express or implied with respect to type, quality or fitness of goods acquired or their suitability for any purpose, whatsoever.
If a product delivered to you has obvious damage upon receipt, or is not the product you ordered, you can request an exchange/replacement from Fitmorphs, as long as you make your request within 7 working days of the date of receipt of the product. We may contact you to confirm product damage or to identify the product delivered to you, before confirming an exchange/replacement. Please ensure that you retain products in original condition, the product packaging, price tags, supporting accessories and information booklets/brochure, to allow us to process an exchange/replacement.
You are responsible to determine if the product you purchase is compatible with other equipment (if such other equipment is required). You acknowledge that an absence of compatibility is not a defect in the product permitting you to exchange/return it.
Any images displayed on the Fitshop for products are for illustrative purposes only. Characteristics of actual products may vary.
We accept the following forms of payment:
Credit card
Debit card
Net banking
Mobile wallets
UPI
You may be required to purchase or pay a fee to access some of our services. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Website/Mobile Application. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We bill you through an online billing account for purchases made via the Website/Mobile Application. GST will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in Indian National Rupees.
You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase.
We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Website/Mobile Application.
We use advanced encryption technology, consistent with industry practice, to protect your payment information. All payments on the platform are processed through secure and trusted payment gateways, managed by leading banks or service providers. We understand that banks use the 3D Secure password service for online transactions, adding another security layer.
Any accepted refunds/chargebacks will be routed back to the payer using the same mechanism by which payment was made. For example, an accepted refund for a payment made through a debit card will be routed back to the debit card holder’s bank account.
If a subscription fee cannot be taken due to the absence of monetary funds, invalidity of credit card, or for any other reasons, the subscription will not automatically end. The subscription will automatically restart as soon as valid payment details are provided. Cancellation of a subscription can only be done at your manual request. Please see the section below "How Can I Cancel a Subscription" for further details.
Only, 12-week packages/plans are refundable no later than 30 days of purchase.
All strength and conditioning, yoga, martial arts, and Zumba subscriptions, food subscriptions, and gym subscriptions are non-refundable, non-exchangeable, non-saleable, and non-transferable.
If you are not satisfied with our services, then you can ask for a coach change in the same tier as of your purchase or a refund by raising a ticket to cancel your package subscription at any time by logging into your account or contacting us using the contact information provided below. Your cancellation will take effect immediately upon approval.
Coach change may only be provided in the same tier as that of the enrolled coach, at the discretion of Fitmorphs.
In case of cancellation of a package:
For all 12-week transformation package and 24-week extended transformation package ₹500 / US $8 will be deducted.
For all 12 weeks couple package and 24 weeks couple package ₹1000 / US $16 will be deducted.
You can manage and cancel your subscriptions at any time in the account settings of your device. For iOS subscriptions, please see Apple's support page here. For Google Play subscriptions, please see Google Play's support page here.
Fitmorphs may terminate your account at any time without notice if it believes that you have violated this terms of use. Upon such termination, you will not be entitled to any refund for purchases.
All payment, billing, and transaction processes are handled by the relevant third-party distributor or platform such as Apple's App Store or Google's Google Play. For any payment-related issues, you may contact such distributors directly. For any other issues, please write to us here.
If a product delivered to you has obvious damage upon receipt, or is not the product you ordered, you can request an exchange/replacement from Fitmorphs, as long as you make your request within 7 working days of the date of receipt of the product. We may contact you to confirm product damage or to identify the product delivered to you, before confirming an exchange/replacement. Please ensure that you retain products in original condition, the product packaging, price tags, supporting accessories and information booklets/brochure, to allow us to process an exchange/replacement. However, you may have to bear shipping charges, packaging charges, and/or applicable taxes, in respect of exchanged/replaced products.
If you are unsatisfied with our services or would like to request a return/refund, please email us at support@fitmorphs.com or call us at +91 7447558247. You may also reach out to our Grievance Redressal Officer (see details in the ‘Complaints and Grievances’ section below). We will handle requests/complaints regarding our products/services per Grievance Redressal Policy. We may contact you to ascertain further information concerning defective products/services in our endeavor to resolve your grievance. Our decisions on complaints/grievances are final, and within our sole discretion.
You may not access or use the services for any purpose other than that for which we make the services available. The services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the services, you agree not to:
Systematically retrieve data or other content from the website/mobile application to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Make any unauthorized use of the website/mobile application, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
Use a buying agent or purchasing agent to make purchases on the website/mobile application.
Use the website/mobile application to advertise or offer to sell goods and services.
Circumvent, disable, or otherwise interfere with security-related features of the website/mobile application, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the website/mobile application and/or the content contained therein.
Engage in unauthorized framing of or linking to the website/mobile application.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Make improper use of our support services or submit false reports of abuse or misconduct.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Interfere with, disrupt, or create an undue burden on the website/mobile application or the networks or services connected to the website/mobile application.
Attempt to impersonate another user or person or use the username of another user.
Sell or otherwise transfer your profile.
Use any information obtained from the website/mobile application in order to harass, abuse, or harm another person.
“Stalk” or otherwise harass another user or employee of the services.
Access or attempt to access another user’s account without his or her consent.
Use the website/mobile application as part of any effort to compete with us or otherwise use the website/mobile application and/or the content for any revenue-generating endeavor or commercial enterprise.
Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the website/mobile application.
Attempt to bypass any measures of the website/mobile application designed to prevent or restrict access to the website/mobile application, or any portion of the website/mobile application.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the website/mobile application to you.
Delete the copyright or other proprietary rights notice from any content.
Copy or adapt the website/mobile application software, including but not limited to Flash, PHP, HTML, JavaScript, Angular, or any other code.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the website/mobile application or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the website/mobile application.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“GIFs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “PCMs”).
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the website/mobile application, or using or launching any unauthorized script or other software.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the website/mobile application.
Use the website/mobile application in a manner inconsistent with any applicable laws or regulations.
Your privilege to use the services (including your ability to contribute to discussions on the public forum or communicate with coaches and/or other users on Fitmorphs) depends on your compliance with the community standards and conduct guidelines set forth above. We may revoke your privileges to use all or a portion of the services and/or take any other appropriate measures to enforce these community standards and conduct guidelines if violations are brought to our attention. Further, if you fail to adhere to our community standards and conduct guidelines, or any part of these Terms & Conditions, we may terminate, in our sole discretion, your use of, or participation in, any public forum or the services. Any violation of this section may subject you to civil and/or criminal liability.
You agree and understand that you may be held legally responsible for damages suffered by other members or third parties as the result of your remarks, information, feedback, or other content posted or made available on the services (including any forum) that is deemed defamatory or otherwise legally actionable. Under section 79 of the Information Technology Amendment Act, 2008, Fitmorphs is not legally responsible, nor can it be held liable for damages of any kind, arising out of or in connection with any defamatory or otherwise legally actionable remarks, information, feedback, or other content posted or made available on the services.
We do not tolerate harassment on Fitmorphs. We want people to feel safe to engage and connect with their community. Our harassment policy applies to both public and private individuals because we want to prevent unwanted or malicious contact on the platform. Context and intent matter, and we allow people to share posts if it is clear that something was shared in order to condemn or draw attention to harassment. In addition to reporting such behavior and content, we encourage people to use tools available on Fitmorphs to help protect against it. Anyone found in violation of this harassment policy will be banned immediately from the Fitmorphs community and the user's Fitmorphs account will be terminated.
Do not:
Repeatedly contact a single person despite that person's clear desire and action to prevent that contact.
Repeatedly contact large numbers of people with no prior solicitation.
Make posts, comments, or send messages that contain:
Cursing aimed at an individual or group of individuals in the thread.
Calls for death, serious disease or disability, or physical harm aimed at an individual or group of individuals in the thread.
Trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people.
Claims that a victim of a violent tragedy is lying about being a victim, acting/pretending to be a victim of a verified event, or otherwise
As a user to our services, you are automatically invited to join and participate in group discussions in various groups available on the mobile app/website namely - Q&A, Transformations, Recipes and Articles (“Fitmorphs Groups”) with other users that may be designated as a group administrator by Fitmorphs (such person or persons, collectively, the “Administrators”) as well as a Coach, who may be an employee or a contractor of Fitmorphs, personnel from an unaffiliated third-party service provider or personnel from, or designated by, our business customer (such person, a “Coach”). Fitmorphs Groups are a public forum, and by using the Fitmorphs Groups, you may receive electronic communications, including group chat messages and/or private messages from Coaches, facilitators and other Fitmorphs Group members who are members of the same Fitmorphs Group. Fitmorphs Group members can see your public profile, but will not see your email address or phone number. If you do not wish people to see your posts, profile and do not wish to receive messages from other members, you should turn on your privacy settings from the Fitmorphs mobile app/website. Whether you transmit any user content via private messaging or public group feature, you agree to abide by our community standards and conduct guidelines at all times. You further acknowledge that by providing you with the ability to distribute user content in the discussion forums, we are acting as a passive conduit for such distribution and we are not undertaking any obligation or liability relating to any user content or activity in any public forum, nor do we endorse any such user content or activity. Although we reserve the right to monitor some, all, or no areas of the services (including any discussion forum and Fitmorphs Group) for adherence to the community standards and conduct guidelines set forth above and to remove, without notice, any user content for any reason, we have no obligation to review content prior to the content’s posting or to delete user content that you may find objectionable or offensive. Fitmorphs disclaims any perceived, implied or actual duty to monitor public forums and specifically disclaims any responsibility or liability for information provided thereon.
“User Contribution” is any content, materials or information (including without limitation, any text, information, graphics, messages, photos, images, nutritional information contributed to our food database and works of authorship kind), data, questions, comments, suggestions or other content, including personally identifiable information that you upload, send, email, display, perform, distribute, post or otherwise transmit to us, at our request or on your own, on, or through the services (such as message boards, recipe logging, Google Forms), whether in connection with your use of the services or through the use of any third party websites or third party services or otherwise, and whether publicly posted or privately transmitted.
By posting your contributions to any part of the mobile application or making contributions accessible to the mobile application by linking your account from the mobile application to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your contributions, and you warrant that moral rights have not otherwise been asserted in your contributions.
We do not assert any ownership over your contributions. You retain full ownership of all of your contributions and any intellectual property rights or other proprietary rights associated with your contributions. We are not liable for any statements or representations in your contributions provided by you in any area on the mobile application. You are solely responsible for your contributions to the mobile application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your contributions.
We have the right, in our sole and absolute discretion,
to edit, redact, or otherwise change any contributions;
to re-categorize any contributions to place them in more appropriate locations on the website; and
to pre-screen or delete any contributions at any time and for any reason, without notice. We have no obligation to monitor your contributions.
As part of the services, Fitmorphs maintains a food database that contains a combination of nutritional information entered directly by Fitmorphs and nutritional information entered by Fitmorphs users (“Food Database”). Any Fitmorphs user can contribute nutritional information to the food database. Please be advised that nutritional information found in the food database has not been reviewed by persons with the expertise required to provide you with complete, accurate, or reliable information.
Fitmorphs does not (i) guarantee the accuracy, completeness, or usefulness of any nutritional information in the food database; or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any such nutritional information. Under no circumstances will Fitmorphs be responsible for any loss or damage resulting from your reliance on nutritional information.
You are solely responsible for ensuring that any nutritional information in the food database is accurate, complete and useful. Nutritional information in the food database may not be reproduced, duplicated, copied, modified, sold, resold, distributed, visited, or otherwise exploited for any commercial purpose without the express written consent of Fitmorphs.
We may provide you areas on the website/mobile application to leave reviews or ratings. When posting a review, you must comply with the following criteria:
You should have firsthand experience with the person/entity being reviewed;
Your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language;
Your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
Your reviews should not contain references to illegal activity;
You should not be affiliated with competitors if posting negative reviews;
You should not make any conclusions as to the legality of conduct;
You may not post any false or misleading statements; and
You may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
If you access Fitmorphs via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these terms and conditions.
You shall not:
Decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application;
Make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application;
Violate any applicable laws, rules, or regulations in connection with your access or use of the application;
Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application;
Use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
Make the application available over a network or other environmental permitting access or use by multiple devices or users at the same time;
Use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application;
Use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or
Use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.
The following terms apply when you use a mobile application obtained from either the Apple App Store or Google Play Store (each an “App Distributor”) to access the website/mobile application:
The license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service;
We are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these terms and conditions or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application;
In the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application;
You represent and warrant that:
You are not located in a country that is subject to an Indian government embargo, or that has been designated by the Indian government as a “terrorist supporting” country; and
You are not listed on any Indian government list of prohibited or restricted parties;
You must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and
You acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these terms and conditions, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these terms and conditions against you as a third-party beneficiary thereof.
To claim warranty, please read the warranty terms here. To initiate a warranty claim request on the website from the “Contact Us” page or write an email to support@fitmorphs.com. After requesting a warranty claim, place the product securely in its original packaging, and wait for the item to be picked up. The “Return and Refund Policy” is available here.
As part of the functionality of the website/mobile application, you may link your account with online accounts you have with third-party service providers (each such account, a “third-party account”) by either:
Providing your third-party account login information through the website/mobile application; or
Allowing us to access your third-party account, as is permitted under the applicable terms and conditions that govern your use of each third-party account.
You represent and warrant that you are entitled to disclose your third-party account login information to us and/or grant us access to your third-party account, without breach by you of any of the terms and conditions that govern your use of the applicable third-party account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the third-party account.
By granting us access to any third-party accounts, you understand that:
We may access, make available, and store (if applicable) any content that you have provided to and stored in your third-party account (the “social network content”) so that it is available on and through the website/mobile application via your account, including without limitation any friend lists; and
We may submit to and receive from your third-party account additional information to the extent you are notified when you link your account with the third-party account.
Depending on the third-party accounts you choose and subject to the privacy settings that you have set in such third-party accounts, personally identifiable information that you post to your third-party accounts may be available on and through your account on the website/mobile application. Please note that if a third-party account or associated service becomes unavailable or our access to such third-party account is terminated by the third-party service provider, the social network content may no longer be available on and through the website/mobile application. You will have the ability to disable the connection between your account on the website/mobile application and your third-party accounts at any time.
Please note that your relationship with the third-party service providers associated with your third-party accounts is governed solely by your agreement(s) with such third-party service providers. We make no effort to review any social network content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any social network content. You acknowledge and agree that we may access your email address book associated with a third-party account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the website/mobile application. You can deactivate the connection between the website/mobile application and your third-party account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such third-party account, except the username and profile picture that become associated with your account.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the website/mobile application ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
The website/mobile application may contain (or you may be sent via the website) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the website/mobile application or any Third-Party Content posted on, available through, or installed from the website/mobile application, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the website/mobile application and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these terms and conditions no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the website/mobile application or relating to any applications you use or install from the website/mobile application. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your use and purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
We reserve the right, but not the obligation, to:
Monitor the website/mobile application for violations of these terms and conditions;
Take appropriate legal action against anyone who, in our sole discretion, violates the law or these terms and conditions, including without limitation, reporting such user to law enforcement authorities;
In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your contributions or any portion thereof;
In our sole discretion and without limitation, notice, or liability, to remove from the website/mobile application or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and
Otherwise manage the website/mobile application in a manner designed to protect our rights and property and to facilitate the proper functioning of the website/mobile application.
We care about data privacy and security. Please review our Privacy Policy at: https://www.fitmorphs.com/privacy-policy. By using the website/mobile application, you agree to be bound by our Privacy Policy, which is incorporated into these Terms and Conditions. If you access the website/mobile application from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in India then through your continued use of the website/mobile application, you are transferring your data to India, and you expressly consent to have your data transferred to and processed in India and stored in Indian region. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. If we receive actual knowledge that anyone under the age of 18 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the website/mobile application as quickly as is reasonably practicable.
Copyright, Trademark, and Other Intellectual Property Infringements
We respect the intellectual property rights of others. If you believe that any material available on or through the website/mobile application infringes upon any intellectual property you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to Indian copyright laws you may be held liable for damages if you make material misrepresentations in a Notification by making false copyright claims. Thus, if you are not sure that material located on or linked to by the website/mobile application infringes your copyright, you should consider first contacting an attorney. We may terminate your Fitmorphs account if you repeatedly infringe the intellectual property rights of others.
These Terms and Conditions shall remain in full force and effect while you use the website/mobile application.
Without limiting any other provision of these Terms and Condition, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the website/mobile application (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms and Conditions or of any applicable law or regulation. We may terminate your use or participation in the website and mobile application or delete your account and any content or information that you posted at any time, without warning, in our sole discretion.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
We reserve the right to change, modify, or remove the contents of the website/mobile application at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our website/mobile application. We also reserve the right to modify or discontinue all or part of the website/mobile application without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the website/mobile application.
We cannot guarantee the website/mobile application will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the website/mobile application, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the website/mobile application at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the website/mobile application during any downtime or discontinuance of the website/mobile application. Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the website/mobile application or to supply any corrections, updates, or releases in connection therewith.
These Terms and Conditions and your use of the website/mobile application shall be governed by and shall be construed in accordance with the laws of India. All disputes relating to this agreement shall be settled in the courts located at Pune, Maharashtra.
Any cause of action arising out of a user’s use of services must be commenced within 30 (thirty) days after:
When such cause of action accrues; or
Such user becomes aware of the facts giving rise to the cause of action, whichever is later, else, such cause of action shall be permanently barred.
If any dispute, controversy, or claim arises under this agreement or in relation to any service or the Fitmorphs platform, including any question regarding the existence, validity, or termination of this agreement or T&Cs (hereinafter Dispute), the parties shall use all reasonable endeavors to resolve such dispute amicably. If the parties are unable to resolve the dispute amicably within 30 days of the notice of such dispute, Fitmorphs may elect to resolve any dispute by binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996 (hereinafter Act). Such dispute 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 dispute shall be resolved by a sole arbitrator, appointed in accordance with the Act. The seat of the arbitration shall be Pune, and the language of this arbitration shall be English. Either you or Fitmorphs may seek any interim or preliminary relief from a court of competent jurisdiction in Pune necessary to protect the rights or the property belonging to you or Fitmorphs (or any of our agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither you nor Fitmorphs may disclose the existence, content, or results of any arbitration, except as may be required by law or for purposes of enforcing the arbitration award. All administrative fees and expenses of arbitration will be divided equally between you and Fitmorphs. In all arbitrations, each party will bear the expense of its own lawyers and preparation. This paragraph shall survive the termination of this agreement.
The parties agree that any arbitration shall be limited to the dispute between the parties individually. To the full extent permitted by law,
No arbitration shall be joined with any other proceeding;
There is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures; and
There is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
The parties agree that the following disputes are not subject to the above provisions concerning binding arbitration:
Any disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a party;
Any dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and
Any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither party will elect to arbitrate any dispute falling within that portion of this provision found to be illegal or unenforceable and such dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the parties agree to submit to the personal jurisdiction of that court.
There may be information on the website/mobile application that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the website/mobile application at any time, without prior notice.
The website/mobile application is provided on an as-is and as-available basis. You agree that your use of the website/mobile application and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the website/mobile application and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the website/mobile application’s content or the content of any websites linked to the website/mobile application and we will assume no liability or responsibility for any: errors, mistakes, or inaccuracies of content and materials; personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the website; any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein; any interruption or cessation of transmission to or from the website/mobile application; any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the website/mobile application by any third party; and/or any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the website/mobile application. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the website/mobile application, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profits, lost revenue, loss of data, or other damages arising from your use of the website/mobile application, even if we have been advised of the possibility of such damages.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
Your contributions;
Use of the website/mobile application;
Breach of these Terms and Conditions;
Any breach of your representations and warranties set forth in these Terms and Conditions;
Your violation of the rights of a third party, including but not limited to intellectual property rights; or
Any overt harmful act toward any other user of the website/mobile application with whom you connected via the website/mobile application.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
We will maintain certain data that you transmit to the website/mobile application for the purpose of managing the performance of the website/mobile application, as well as data relating to your use of the website/mobile application. Although we encrypt and perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the website/mobile application. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Visiting the website/mobile application, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the website/mobile application, satisfy any legal requirement that such communication be in writing.
You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the website/mobile application.
You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
These Terms and Conditions and any policies or operating rules posted by Fitmorphs on the website/mobile application or in respect to the website/mobile application constitute the entire agreement and understanding between you and Fitmorphs. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. These Terms and Conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms and Conditions or use of the website/mobile application. You agree that these Terms and Conditions will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.
This website with the URL of www.fitmorphs.com ("Website/Site") is operated by Fitmorphs Private Limited ("We/Our/Us").
We are committed to providing Our customers with the highest quality Products. However, on rare occasions, Products may be found to be faulty or deficient. In such cases, We offer return and refund facilities in accordance with this Return Policy ("Policy").
By using this website, You agree to be bound by the terms contained in this Policy without modification. If You do not agree to the terms contained in this Policy, You are advised not to transact on this website.
We offer a 7 days' Return Policy for the eligible Products*.
Please read this Policy before making a purchase on this Website, so that You understand Your rights as well as what You can expect from Us if You are not happy with Your purchase.
If you have any questions concerning our return policy, please contact us at:
082086 92210
info@fitmorphs.com
If you would like to receive further information regarding the use of the platform, or become aware of a violation of these Terms of Use, or objectionable content on the platform, or otherwise have a complaint or grievance you would like resolved, please contact us at:
Fitmorphs Private Limited
Dhanori
Pune, Maharashtra
India
Phone: +91 7447558247
support@fitmorphs.com
You may also reach out to our Grievance Redressal Officer, whose details are below:
info@fitmorphs.com
We will handle your request per our Grievance Redressal Policy. We urge you to provide a detailed description of the information, violation, objectionable content, or your complaint/grievance, to allow us to effectively resolve your request. We make our best efforts to resolve grievances within 30 days of receiving a complaint, or within the timelines stipulated under applicable law.