Terms and Conditions

Nurturic website and mobile application (collectively referred to as the“Platform”) is an online service owned, operated and managed by Pyrite Fitness Private Limited (“We” or “Our” or “Us” or “Company”). By using/accessing Our Platform, the users (“You” or “Your” or “Yourself” or “User”) are deemed to have accepted the terms and conditions listed below or as may be revised from time to time (“Terms of Use”). These Terms of Use mandate the terms on which the User access and register on the Platform operated by Us and the services availed by You through the Platform.The information provided on the Platform 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, User(s) who choose to access the Platform from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent any local laws are applicable.Please read the Terms of Use, Cancellation Policy, Refund Policy and  Privacy Policy carefully before using/accessing or registering on the Platform or accessing any material, information or Platform Services through the Platform. These Terms of Use are for an indefinite period and the User understands and agrees that the User is bound by such terms till the time User access this Platform.IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE PLATFORM AND YOU MUST DISCONTINUE THEIR USE IMMEDIATELY.

Terms:

  1. By accessing the Platform, You acknowledge that the Platform allows You to avail services/buy products directly from the Company or its sellers or vendors.
  2. By using/accessing this Platform or any services or any product through Platform in any way, You agree that You have read, understood and agreed to be bound by the Terms of Use, Cancellation Policy, Refund Policy and  Privacy Policy.
  3. Company reserves the right to change the terms and conditions of this Terms of Use, Cancellation Policy, Refund Policy and Privacy Policy, from time to time without any obligation to notify You of such change and it is Your responsibility to check this Terms of Use periodically for any changes. 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 of Use by Your continued use of the Platform after the date of such revised Terms of Use are posted.
  4. The services/products provided through the Platform are not for minors i.e. persons below the age of eighteen (18) years or to any User(s) who is/are suspended or removed by the Company for any reason whatsoever. You represent that You are of legal age to form a binding contract and are not a person barred from receiving services (provided through this Platform) under the applicable laws.
  5. You acknowledge and agree that, the Company reserves the right to refuse access to the Platform to new User(s) or to terminate access granted to existing User(s) at any time without according any reasons for doing so.
  6. User is hereby authorized to use the Platform only for lawful purposes, any violation to this Terms of Use shall lead to strict legal action against the User as per applicable laws;
  7. 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;
  8. Expected delivery time as mentioned on Platform may vary than the usual time of delivery;
  9. All products sold on Platform through our sellers are genuine. All sellers listing their products on Platform are required to enter an agreement to list and sell only genuine products. And sellers determine the prices of the products they sell. We neither guarantee the condition of the item you buy when you purchase from sellers on Platform, nor do we provide any guarantee for any manufacturing defects.
  10. In case of Cash back offers extended by banks during the aforesaid period, User will, in addition to this Terms of Use shall, be governed by the terms and conditions of the said bank/card issuer;
  11. Platform shall have the right to modify the price of a product or service at any time;
  12. User(s) understands that by using/accessing this Platform or any services provided through the Platform, User(s) may encounter Content that may be deemed by someone to be offensive, indecent, or objectionable, which Content may or may not be identified as such. User(s) agrees to use/access the Platform at User’s sole risk and that to the fullest extent permitted under applicable law, Company shall have no liability to the User(s) for Content that may be deemed offensive, indecent, or objectionable to User(s).
  13. If the Platform allows You to post and upload any material on the Platform, You hereby undertake to ensure that such material is not offensive and is in accordance with applicable laws. All material added, created, uploaded, submitted, distributed, or posted to the Platform by You is Your sole responsibility. The Company reserves the right to review any information provided/data uploaded (if any) by You on the Platform and Company shall at its sole discretion delete any information/data that is inconsistent with these Terms of Use.

HEALTH GUIDANCE DISCLAIMER 

The content of the Platform, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment or recommendations of any kind. The User should always seek the advice of qualified heath care professionals with any questions or concerns the User may have regarding the User individual needs and any medical conditions. None of the Company or its content or service providers recommend or endorse any specific tests, physicians, products, procedures, opinions or other information that may be included on the Platform. Reliance on any information appearing on the Platform, whether provided by the Company, its content providers, visitors to the Platform or others, is solely at the User’s own risk. The services that You avail through the Platform are not meant to treat or manage any health condition. Always consult a doctor prior to adjusting your current style of eating or beginning any new diet and/or training plan. You understand that you are agreeing to the terms of the Company having known that beforehand and You understand Company shall not be held liable if the services or product availed by You does not produce 100% result;

USER REGISTRATION, REPRESENTATIONS AND WARRANTIES:

In order to avail the services provided through the Platform, You have to register on the Platform by providing details about Yourself, including Your name, address, contact details and such other details as may be required on the Platform and create an account (“Account”).

By using/accessing the Platform, You represent and warrant that:

  • Account information provided by You shall be true, accurate, current, complete and up-to-date;
  • You shall maintain the accuracy of such information and promptly update such registration information If there is any change in the Account information;
  • You have the legal capacity and you agree to comply with these Terms of Use, Cancellation Policy, Refund Policy and Privacy Policy;
  • You are not a minor in the jurisdiction in which you reside; and
  • use of the Platform shall not violate the Term of Use and any applicable laws or regulations.

If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate Your Account and refuse any and all current or future use of the Platform (or any portion thereof) at its sole discretion, in addition to any right that the Company may have against You at law or in equity, for any misrepresentation of information provided by You.You will be responsible for maintaining the confidentiality of the Account information and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify the Company of any unauthorized use of Your Account information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. In no event shall Company be liable for any loss or damage arising from Your failure to comply with this provision. You shall be held liable for losses incurred by the Company or any other user or visitor to the Platform due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account information secure and confidential.

PROHIBITED USE 

  • Use of another User’s Account information for availing the Platform Services is expressly prohibited;
  • You shall not access (or attempt to access) the Platform and the materials or services by any means other than through the interface that is provided by the Company;
  • You will not use the Platform for any illegal or unauthorized purpose;
  • You shall not engage in activities that may adversely affect the use of the Platform by the Company/other User(s);
  • You shall not defame, abuse, harass, threaten or otherwise violate the legal rights of others;
  • You shall not publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
  • You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from the Company;
  • You shall not upload or distribute files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents;
  • You shall not  upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Platform or another’s computer or provide you undue advantage or benefit in purchasing goods / availing services;
  • You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or Content to obtain or attempt to obtain any materials, bookings, documents or information through any means not specifically made available through the Platform; and
  • You shall not reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platform.

SUBMITTED MATERIAL

 Unless specifically requested, We do not solicit nor do We wish to receive any confidential, secret or proprietary information or other material from the User through the Platform, by e-mail or in any other way. Any information, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent to the Company (including, for example and without limitation, that which the User submits or posts to our chat rooms, message boards, survey responses, and/or our blogs, or send to us via e-mail) (“Submitted Materials”) will be deemed not to be confidential or secret, and may be used by the Company in any manner consistent with the Company’s Privacy Policy . By submitting or sending Submitted Materials to the Company, the User: (I) represent and warrant that the Submitted Materials are original to the User and no other party has any rights thereto, and that any “moral rights” in Submitted Materials have been waived, and (ii) the User grants Us and Our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub licensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works, distribute, perform, display and incorporate in other works any Submitted Materials (in whole or part) in any form, media, or technology now known or later developed, including for promotional and/or commercial purposes. Company shall not be responsible for maintaining any Submitted Material that the user provides to Us and We may delete or destroy any such Submitted Material at any time without giving any notice to You.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Platform is Company’s proprietary property. Company expressly reserves all rights in Platform and the processes, and their compilation, selection and arrangement, including but not limited to data, software, website designs, mobile application designs, titles, Shockwave files, text, programs, user interfaces, products, processes, technology, source code, video, visual interfaces, audio, sounds and music (if any), photographs, databases, artwork, functionality, graphics, the look and feel, design and organization of the Platform (collectively, the “Content”) and the trademarks, service marks  and logos contained therein (the “Marks”). Access to the Platform does not confer and shall not be considered as conferring upon anyone any license under any of our or any third party’s intellectual property rights. All rights, including copyright, in this Platform are owned or controlled by us or licensed to us, and are protected by copyright, patent and trademark laws and various other intellectual property rights and unfair competition laws of the India, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Platform “AS IS” for your information and personal, non-commercial use only. Except as expressly provided in these Terms of Use, no part of the Platform and no Content or Marks shall be copied or stored in whole or part, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, modified, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without Our express prior written consent.

The Content on this Platform may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Content is strictly prohibited. Access to this Platform does not authorize any User(s) to use any name, logo or Marks which appear on the Platform in any manner. References on this Platform to any names, marks, products or services of third parties or hypertext links to third party websites or information are provided solely as a convenience to you and do not in any way constitute or imply our endorsement, sponsorship or recommendation of the third party, information, product or service.

Except as expressly indicated herein, the Company hereby grants You a non-exclusive, freely revocable, non-transferable access to view any Content available on the Platform, and to download or print a copy of any portion of the Content to which the User has properly gained access solely for User(s) personal, non-commercial use, subject to the following conditions:

  1. You may access the Content solely for personal, informational, and internal purposes, in accordance with the Terms of Use;
  2. You may not modify or alter the Content available on the Platform;
  3. You may not distribute or sell, rent, lease, license or otherwise make any Content on the Platform available to others; and
  4. You may not remove any text, copyright or other proprietary notices contained in the Content downloaded from the Platform.

No right, title or interest in any downloaded Content is transferred to You as a result of any such downloading or copying or storing. Company reserves all rights not expressly granted to the User(s) in and to the Platform, the Content and the Marks.

DISCLAIMER OF WARRANTIES & LIABILITY

The Platform is provided without any warranties or guarantees and in an “As Is” basis. You must bear the risks associated with the use of the Platform. Company shall not be held liable or responsible if material included on the Platform is not correct, reputable and of high quality. Company makes no warranty that (i) the Platform or the services/products availed through Platform or the Content will meet Your requirements or Your use of the Platform or the services/products availed through Platform will be uninterrupted, timely, secure or error-free; (ii) the results that may be obtained from the use of the Platform, or services/products availed through Platform will be effective, accurate or reliable; (iii) the quality of the Platform or services/products availed through Platform or Content will meet Your expectations; or (iv) any errors or defects in the Platform or services/products availed through Platform or Content will be corrected.  Company shall not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Platform. No advice or information, whether oral or written, obtained by You from the company or through use of the services/products availed through Platform shall create any warranty not expressly stated in the Terms of Use. This disclaimer constitutes an essential part of this Terms of Use.

Company shall assume no liability related to any user Content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. The Company also disclaims all liability with respect to the misuse, loss, modification or unavailability of any User Content.

Company shall not be liable for any loss that You may incur as a consequence of unauthorized use of Your Account or Account information in connection with the Platform or services/products availed through Platform, either with or without your knowledge.

To the fullest extent permitted under applicable laws, Company, its affiliates or our suppliers or vendors shall not be liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the use/access of the Platform, its services or this Terms of Use. Without prejudice to the generality of the aforementioned, our total liability to you for all liabilities arising out of this User Agreement be it in tort or contract in aggregate is limited to 2% of the Value of the Service or product availed. If applicable law does not permit the exclusion of certain warranties or the limitation or exclusion of liability, the scope and duration of such warranty exclusions and the extent of the liability of the Company shall be the minimum permitted under applicable law.

Company, its associates and any technology partners make no representations or warranties about the accuracy, reliability, completeness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Platform or that the operation of the Platform will be error free and/or uninterrupted. Company assumes no liability whatsoever for any monetary or other damage suffered by You on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Platform; and/or any interruption or errors in the operation of the Platform.

The images contained in the Platform are for general information purposes only. Company make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the images or the information, products, services, or related graphics contained on the Platform for any purpose. Any reliance You place on such information is therefore strictly at Your own risk.

In no event Company shall be held liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of the images available on the Platform.

Company makes each and every effort to keep the website up and running smoothly. However, Company shall not take any responsibility for, and shall not be liable for, the Platform being temporarily unavailable due to technical issues beyond Company’s control.

INDEMNIFICATION:

You agree to indemnify, defend and hold harmless the Company and its affiliates including but not limited to its (and its affiliates’) officers, directors, consultants, agents, employees and sellers/vendors on the Platform (“Indemnitees”) from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including attorney fees) incurred by the Indemnitees that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms of Use. Further, You agree to defend and hold the Indemnitees harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Platform or Platform Services or Content, any misrepresentation with respect to the data or information provided by You, Your violation of the Terms of Use, or Your violation of any rights of another, including any intellectual property rights.

REMEDIES:

You agree that any violation by You of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to the Company and/or sellers/vendors, as the case may be, for which monetary damages would be inadequate, and You consent to the Company and/or sellers/vendors obtaining any injunctive or equitable relief that they deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that the Company and/or sellers/vendors may have at law or in equity. If the Company and/or sellers/vendors takes any legal action against You as a result of Your violation of these Terms of Use, they will be entitled to recover from You, and You agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief that may be granted.

COMMUNICATIONS:

You hereby expressly give your consent to the Company, sellers/vendors and other third parties, to send You notifications/communications via SMS and/or e-mails, in relation to the services/products provided through the Platform. You can either unsubscribe or opt-out from receiving communications through SMS and e-mail at anytime by e-mailing Us to the following e-mail id: sales@nurturic.com. However, this may limit the extent of services/products that you can avail through Platform.

GOVERNING LAW AND JURISDICTION:

These Terms of Use, and the relationship between the User and Company, shall be governed by and constructed in accordance with the laws of India, without reference to conflict of laws principles. The User agrees that any and any disputes arising in relation hereto shall be commenced and be heard in the appropriate court in Hyderabad, India. The user agrees to submit to the personal and exclusive jurisdiction of the courts located within Hyderabad, India.WAIVERThe Company’s failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.

SEVERABILITY:
If, for any reason, any provision of the Terms of Use, or any portion thereof, is found by a court of competent jurisdiction, to be invalid, unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect.