PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
2. PRODUCTSTerms of Offer. This Website offers for sale of certain products (the “Products”). By placing an order for Products through this Website, you agree to the terms set forth in this Agreement. Restofit is making this Website available solely for the purpose of enabling you to browse, gather information on, and purchase the Products described on this Website. We reserve the right to change the description of our Products or to discontinue offering any of our Products at any time and without notice, and to exercise this right, however, we determine to be necessary or appropriate. Product(s) may vary slightly from their pictures. The images of the product(s) on our website are for illustrative purposes only. In case of unavailability of one or more Restofit products, the customer will be notified by email or telephone. The amount paid will be recalculated and the customer will be refunded for the unavailable product. In case no products are available, the customer will be notified by an email or telephone and will be fully refunded. Customer Solicitation: Unless you notify our call center reps RESTFIT INNOVATION PRIVATE LIMITED sales reps, while they are calling you, of your desire to opt-out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations RESTFIT INNOVATION PRIVATE LIMITED and it’s designated in house team(s). Opt Out Procedure: We provide 3 easy ways to opt out of from future solicitations.
- You may use the opt out link found in any email solicitation that you may receive.
- You may also choose to opt out, via sending your email address to: firstname.lastname@example.org
- You may send a written remove request to RESTFIT INNOVATION PRIVATE LIMITED Address.
4. COPYRIGHTContent; Intellectual Property; Third Party Links. In addition to making Products available, this Website also offers information and marketing materials. This Website also offers information, both directly and through indirect links to third-party websites, about the products. RESTFIT INNOVATION PRIVATE LIMITED does not always create the information offered on this Website; instead the information is often gathered from other sources. To the extent that RESTFIT INNOVATION PRIVATE LIMITED does create the content on this Website, such content is protected by intellectual property laws of the India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, noncommercial use. Any links to third-party websites are provided solely as a convenience to you. RESTFIT INNOVATION PRIVATE LIMITED does not endorse the contents on any such third-party websites. RESTFIT INNOVATION PRIVATE LIMITED is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.
5. LIMITED LICENSE TO USE WEBSITEYou agree to use the Website only for its intended purpose. You must use the Website in compliance with all privacy, data protection, intellectual property, and other applicable laws. This Website and its contents is being made available solely for your personal use only for browsing and purchasing our Products and communicating with us. The following uses of the Website are prohibited. You may not:
- You may NOT copy, reproduce, download, display, perform, transfer, transmit or publish any of the content of this Website by any means or in any form, other than for your own personal use.
- You may NOT access this Website from any jurisdiction where doing so would be illegal, violate any national, provincial or state regulations, rules, laws, or local ordinances.
- You cannot use this Website to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, disability, or gender. To spam, phish, pharm, pretext, spider, crawl, or scrape;
- Use data mining, robots, or other data gathering devices on or through the Website.
- To contravene upon or violate our intellectual property rights or the intellectual property rights of others.
- To submit false or misleading information impersonate another person, or misrepresent your affiliation with a person or entity or Frame or link to the Website without permission.
- Post advertising or marketing links or content, except as specifically allowed by these Terms.
- To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of this Website or of any related website, other websites, or the Internet;
- To collect or track the personal identification information of others;
- To interfere with or circumvent the security features of this Website or any related website, other websites, or the Internet.
- We reserve the right to terminate your authorization to use this Website should you violate any of the prohibited uses.
6. FEES AND PAYMENTThe prices for the Products are displayed on the Website and Restofit.in will take reasonable efforts to make sure those prices are accurate. However, the prices displayed to you are subject to change at any time. Also, the displayed prices do include taxes. Any change in prices and any tax will be communicated to you before you place an order. All transactions will be in Indian rupee (₹).The Website currently uses third parties to process payments. Our third-party payment processors accept payments through various credit cards, debit cards and net banking as detailed on the applicable payment screen. You may also finance your purchase of Products through Affirm, as detailed on the payment screen.
7. SHIPPINGThe Products you order will be shipped to the address you state during the check-out process. There will be no undisclosed additional charge for shipping or handling. You agree to provide current, complete and accurate information for all purchases made using this Website. If incorrect, you agree to promptly update your information, including without limitation your email address, billing address, telephone number, and credit card number and expiration date, so that we can complete your transactions and contact you as needed. We reserve the right to refuse any order you place with us. We may, in our sole discretion, cancel orders that, in our judgment, appear to be placed by dealers, resellers or distributors for resale rather than for personal use, or for use in any of the prohibited ways listed herein. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer, billing or shipping addresses, or credit card. In the event that we make a change to or cancel an order, we may attempt to notify you using the e-mail address and/or billing address/phone number provided at the time the order was made.
8. RETURN AND EXCHANGEFor details about returns, please review the Restofit Return/Exchange and Refund Policy which by this reference is incorporated herein. You are required to carefully read the Restofit Return/Exchange and Refund Policy prior to transacting any business with Restofit as part of this Agreement.
9. WARRANTYFor all other warranty related claims, please see the Warranty page.
10. GIFT AND COUPON CODEFrom time to time, Restofit may offer qualified consumers “gift codes” or “Coupon codes” through a variety of promotional activities and communications (collectively referred to herein as “Coupon codes”) that are redeemable towards a purchase on Restofit.in, while supplies last, and subject to certain merchandise exclusions or any other restrictions as may be determined and communicated by Restofit in its sole discretion. Only valid Coupon codes provided or promoted by Restofit will be honored at checkout. Codes supplied or promoted by third parties unauthorized by Restofit (including any unauthorized third party websites) will not be considered valid. Each Coupon code promoted by Restofit is non-transferable and valid for single use. For online purchases, the code must be entered in the ‘apply code’ field at checkout. Coupon codes are not valid for use by customers that elect to finance their purchase through Affirm. Restofit is not responsible for lost, stolen or corrupted codes or any unauthorized use of codes. Coupon codes cannot be redeemed for cash or any cash equivalent; no substitutions or credits allowed. The rupee value of any Coupon code will not be refunded or credited back if any or all of the merchandise is returned. Expiry dates may apply to each Coupon code. Coupon codes are void if copied, transferred, sold, exchanged or expired, and where prohibited. From time to time, Restofit may also engage, influencers, bloggers, or other individuals or entities who have been compensated or incentivized to speak on behalf of the brand. When you receive an Coupon code via a third party source, such as a television or radio show host, YouTube Promoters. Please note that such individuals may have been compensated by Restfit for their statements. Feedback: We are appreciate our users and welcome your comments regarding the Website/Product/Processes. If you send us creative ideas, suggestions, inventions, or materials (“Creative Ideas”).
- We will own, exclusively, all now known or later discovered rights to the Creative Ideas;
- Not be subject to any obligation of confidentiality and will not be liable for any use or disclosure of any Creative Ideas;
- Be entitled to unrestricted use of the Creative Ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
11. REVIEWS AND CONTENT SUBMIT TO RESTOFITRestofit may allow you to post reviews, comments, photos, or similar materials on the Website (“Reviews”) on time to time basis. We would like to hear your comments/feedback regarding our Products, services and Website. Reviews you submit to Restofit it should not be harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, disability, or gender. By posting a Review on the restofit.in, you gives us an unrestricted, assignable, sub licensable, royalty-free, fully paid up license throughout the world to reproduce, distribute, publicly display, transmit, communicate to the public, publicly perform on a through-to-the-audience basis, create derivative works from, and otherwise use and exploit (collectively, “Use”) all Reviews you post to the Website, for any purpose, including promoting and marketing RESTOFIT and the Products. You further grant Restofit a royalty-free license to Use the name, image, and likeness of any person identifiable in any Review you post to the Website. By posting a Review, you waive any and all rights of publicity, privacy or any other rights of a similar nature, in addition to any moral rights you may have in your Review.
12. DELIVERYWe will deliver the product(s) to you as soon as possible after we accept your order by the best logistics services available in the country. We are not responsible for delays outside of our control. If the supply of the product(s) is delayed by an event outside our control then we will contact you as soon as possible to let you know the status. We will take steps to minimize the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any product(s)s you have paid for but not received. In the case of the non-availability of goods a possible advance payment will be refunded without delay. The product(s) will be your responsibility from the time we deliver the product(s) to the delivery address provided to us. If you are not at the delivery address or if no one is available to take delivery we will leave you a note informing you of how to rearrange delivery or collect the product(s) from a local depot. If you do not collect the product(s) from us as arranged, or if, after failed delivery to you, you do not re-arrange delivery or collect the product(s) from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you to re-arrange delivery or collection we may end the contract and claim for any loss caused by your refusal to take delivery. If you are in default of acceptance, we reserve the right to sell the goods to a third party or to hold you liable for any loss.
13. DELIVERY AREAUnfortunately we do not accept orders from or deliver to addresses outside India.
14. RESERVATION OF TITLE
- We retain ownership of the purchased item until the invoice has been paid in full by you.
- If you are in arrears for any payment obligations, all outstanding sums are immediately due.
15. DISCLAIMERWe do not represent or guarantee the truthfulness, accuracy, or reliability of content, posted by third parties. You accept that any reliance on material posted by third-party service providers will be at your own risk. By using the Website you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate. We may change, suspend, or discontinue any aspect of the Website at any time, including hours of operation or availability of the Website or any feature, without notice or liability. User Disputes: We are not responsible for any disputes or disagreements between you and any third party you interact with using the Website. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release Restofit of all claims, demands, and damages in disputes among users of the Website. You also agree not to involve us in such disputes. Use caution and common sense when using the Website. Content Accuracy: We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Website. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the Services. Use the Website at your own risk. We make no promises and disclaim all liability of specific results from the use of the Website. Released Parties Defined: “Released Parties” include Restofit and its affiliates, officers, employees, agents, partners, and licensors. You expressly understand and agree that : (a) your use of the services is at your sole risk, and the services are provided on an “as is” and “as available” basis and the released parties expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, warranties as to products or services listed on the website, implied warranties of merchantability, fitness for a particular purpose, and non-infringement; (b) the released parties make no warranty that (i) the website will meet your requirements, (ii) the website will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the website will be accurate or reliable, (iv) the quality of any goods or service available on the website will meet your expectations, or (v) any errors in the website will be corrected; and (c) any material downloaded or otherwise obtained through the use of the website is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computers system or mobile deice that result from the use of any such material.
16. LIMITATION OF LIABILITY
- You expressly understand and agree that the released parties will not be liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Restofit has been advised of the possibility of such damages), resulting from : (i) the use or the inability to use the website; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services obtained or messages received or transactions entered into through, from, or as a result of the website; (iii) unauthorized access to or alteration of your transmission or data; (iv) statements or conduct of any user or third party on the website; (v) your reliance on content made available by us; or (vi) any other matter relating to the website. Some jurisdictions do not allow the exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations in this paragraph may not apply to you. to the fullest extent possible by law, the released parties’ maximum liability arising out of or in connection with the website or your use of Restfit content, regardless of the cause of action (whether in contract, tort, breach of warranty, or otherwise), will not exceed INR1000.
- You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any Restfit Content, or (iii) your breach of these Terms. We will provide notice to you promptly of any such claim, suit, or proceeding.
17. AMENDMANTS TO THESE TERMSFrom time to time we review and may amend these Terms. You will know if these Terms have been revised since your last visit to the Site by referring to the “Effective Date of Current Policy” date at the top of this page. Your ordering of any Product constitutes your acceptance of the terms of these Terms as amended or revised by us from time to time, and you should therefore review these Terms regularly to ensure that you are aware of their terms. No change these Terms will affect any order you have already placed with us. These Terms may not be varied except with our express written consent.
18. WAIVEROur failure to partially or fully exercise any rights or our waiver of any breach of these Terms by you shall not prevent our subsequent exercise of such right or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms. Our rights and remedies under these Terms and any other applicable agreement between you and us shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.
19. DISPUTE RESOLUTIONThese Terms and the relationship between you and Restofit will be governed by the laws of West Bengal, India without regard to its conflict of law provisions. Any intercession, to the extent necessary, will be conducted in India in the State of West Bengal. You covenant not to sue Restofit in any other forum. You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of the Website, purchase of Products, or these Terms:
- You are giving up your right to have a trial by jury.
- You are giving up your right to serve as a representative, as a private attorney general, or if any other representative capacity, or to participate as a member of a class of claimants, in any lawsuit involving any such dispute; and
- You must file any claim within one year after such claim arose or it is forever barred.
20. TERMINATIONNot with standing any of these Terms, we reserve the right, without notice or attendant liability, and in our sole discretion, to terminate your license to use this Website, and to block or prevent future access to and use of this Website for any reason or no reason. Upon termination, these Terms will still apply. We reserve the right to update and revise these terms at any time. From time to time we review these Terms to ensure that they comply with applicable law. Consequently, we reserve the right to update and revise these Terms at any time. You will know if these Terms have been revised since your last visit to the website by referring to the “Effective Date of Current Policy” date at the top of this page; provided. Your use of our website constitutes your acceptance of the terms of these Terms as amended or revised by us from time to time, and you should therefore review these Terms regularly to ensure that you are aware of its terms.
21. SEVERABLITYIf any of these Terms is be deemed invalid, void, or for any reason unenforceable, that term will be severed and will not affect the validity and enforceability of any remaining term or condition.
22. NO COST EMI OFFERFor the purpose of these terms and conditions, wherever the context so requires, “you” and “your” shall relate to any natural or legal person who has opted for payment in equated monthly installments (“EMI”) pursuant to payments made by credit cards (“EMI Offer”) for making any purchase(s) on Restfit. By availing the EMI Offer, you are agreeing to and accept the terms and conditions set out herein:
- You agree and confirm that you will need to pay applicable EMI and interest on the total value of the order at the time of payment to the bank, in accordance with the terms applicable to the credit card through which you undertake the transaction. The EMI Offer is being offered uniformly, on all the products listed on the Restfit Website. The EMI Offer does not amount to a waiver by any bank or financial institution on the interest component of the equated monthly installments being paid by you. However, this interest charge has been provided to you as an upfront discount at the time of your purchase, effectively giving you the benefit of a No Cost EMI.
- You agree that in the event you fail to make timely payments of EMI, there may be additional interests or penalties which may be levied by the bank, and you shall be solely liable to pay any such additional interests and penalties if any.
- The discretion to process payment lies with the bank that has issued the credit card being used by you for the transaction. Restfit will have no obligation or liability in the event the bank refuses to process the transaction, for any reason.
- The EMI Offer is currently valid for EMIs having a tenure of 3 (three) months and 6 (six) months only. The EMI Offer is facilitated by selected banks only, as displayed on the No Cost EMI Offer page.
- Restfit will not charge a processing fee for availing the EMI Offer. However, the relevant bank may charge processing fees or cancellation charges as per their internal policies. Such charges shall be paid by you to the relevant bank and Restfit will have no liability or obligation to refund such charges in the event of a return of the Purchased Product or cancellation of the orders placed on the Website.
- Any returns or cancellations will be as per Restfit’s returns and cancellation policy, available for viewing on the Website. In the event of any return of the product for which payment was made using the EMI Offer (“Purchased Product”), or refund of the amount paid by you pursuant to the EMI Offer in an EMI transaction, the interest already charged by the relevant bank will NOT be refundable.
- Restfit retains the right to modify or cancel these terms and conditions and the EMI Offer at its sole discretion at any time with no further notice.
- We request you to consult your bank or card issuer on the mechanics of cancellations, refunds or pre-closures affecting the terms of the EMI offered, and the details of the interest or cancellation charges that may be levied for the same.
- You understand and agree that there may be a constraint on the number of transactions or purchases on a specific credit card, based on the transaction limits set by the issuing bank. You confirm that you shall abide by the terms and conditions as may be applicable on the credit card being used by you.
- You may be charged GST or other applicable taxes by your bank for the transactions undertaken using the credit cards issued by such bank.