1. MEMBERSHIP ELIGIBILITY

Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Website and shall not transact or use the Website. As a minor if you wish to use or transact on the Website, such use or transaction may be made by your legal guardian or parents who have registered as users of the Website. The Website reserves the right to terminate your membership and refuse to provide you with access to the Website if it is brought to our notice or if it is discovered that you are under the age of 18 years.

2. YOUR ACCOUNT AND REGISTRATION OBLIGATIONS

When you use the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should tell us immediately if you have any reason to believe that your password could have become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner. Please ensure that the details you provide us with are correct and complete and let us know immediately of any changes to the information that you provided at the time of registering, by making changes by logging into your Account. If you use the Website as a Guest User, you are responsible for maintaining the confidentiality of Your email ID and phone number and restricting access to Your computer, computer system and computer network. You are responsible for all activities that occur under your email ID and phone number (if Guest User) as the case may be. Also, as a Guest User, you shall ensure the physical security and possession of Your device, the details of which are used to transact services with the Website. We reserve the right to refuse access to the website, terminate accounts, remove or edit content, based on other Users Feedback, Court Order, Governmental directive or due to a breach of these terms.

3. PRIVACY

Please review our Privacy Policy , which also governs your visit to the Website, to understand our practices.

4. ELECTRONIC COMMUNICATIONS

When you use the Website or send emails or other data, information or communication to us, you acknowledge and agree that you are communicating with us through electronic records. We will communicate with you by email or by posting notices on the Website. For contractual purposes, you consent to receive communications electronically with respect to your use of the Website and/or order placed on the Website and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that those communications be in writing.

5. ACCESS TO THE WEBSITE

We will do our utmost to ensure that availability of the Website will be uninterrupted and that the transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to the Website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time, without prior notice. We will try to keep this to a minimum.

6. CHARGES

Membership on the Website is free. We do not charge any fee for browsing and buying on the Website. However, we reserve the right to change the Service fee and change our policies from time to time. In particular, we may at our sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event we reserve, without notice to you, the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the fee and related policies shall automatically become effective immediately once implemented on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees and be payable to Fitsheet within such time as specified in the Terms of Use. You shall be solely responsible for payment of all fees associated with the use of the Website and you agree to bear all and any applicable taxes, charges, cess etc. levied thereon Please note that fees may be applicable towards shipping of the products purchased by You. Non-payment: Fitsheet reserves the right to issue a warning, temporarily /indefinitely suspend or terminate Your membership of the Website and refuse to provide You with access to all current and future use of the Website in case of non-payment of fees by You to Fitsheet . Fitsheet also reserves the right to take legal action in case of non- payment of fees.

7. USE OF WEBSITE

You agree, undertake and confirm that your use of the Website shall be strictly governed by the following binding principles:

8. CONTENTS POSTED ON SITE

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Website is owned, controlled or licensed by or to us, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent.

You may use information on our products and services purposely made available by us for downloading from the Website, provided that You (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

You shall be responsible for any notes, messages, e-mails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Sites (collectively, "Content"). Such Content will become our property and you grant us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with our Privacy Policy, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include Content you provide. You agree that any Content you post may be used by the Website, consistent with our Privacy Policy and Rules of Conduct on Website as mentioned herein, and you are not entitled to any payment or other compensation for such use.

9. BREACH / NON-COMPLIANCE

10. OTHER BUSINESSES

We do not take responsibility or liability for the actions, products, content and services on the website, which are linked to third party websites using our APIs or otherwise. In addition, we may provide links to the third party websites of affiliated companies and certain other businesses for which, we assume no responsibility for examining or evaluating the products and services offered by them, and we do not warrant the offerings of, any of these businesses or individuals or the content of such third party website(s). We do not in any way endorse any third party website(s) or content thereof

11. LINKS

We welcome links to the Website. You may establish a hypertext link to the Website, provided that the link does not state or imply any sponsorship or endorsement of your site by us. You must not use on your site or in any other manner any trademarks, service marks or any other materials appearing on the Website, including any logos or characters, without our express written consent and the owner of the mark or materials’ written consent. You must not frame or otherwise incorporate into another third party website or present in conjunction with or juxtaposed against such a website any of the content or other materials on the Website without our prior written consent.

12. MANDATORY DECLARATION - COMPUTERS

You hereby declare that you have provided all necessary legal details for the shipment of the product to the destination specified by you in the order. You further declare that the product will be acquired for personal use of the Consignee and/or Buyer. The Product will not be sold, resold, bartered or in any way disposed for profit.

13. BUYING

All purchases on the Website are a firm commitment to purchase. If You are the purchaser for any item, You are obligated to complete the transaction. Fitsheet strongly advises You not to test the Website with false purchases, as it will put You at substantial personal legal risk. It is an offence to use a false name, other false personal information or a known invalid/ unauthorised credit/ debit/ cash card and such other infrastructure directly through Bank or financial institution infrastructure or indirectly through Payment Aggregator. Willfully entering erroneous or fictitious bids may result in prosecution by Fitsheet . Please note that in the event any inaccurate information is provided by You regarding Your identity, Your Web browser transmits a unique address to us, which can be used by law enforcement officials to identify You.

14. DISCLAIMER OF WARRANTIES AND LIABILITY

This Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to you through this Website are provided on an "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, we do not warrant that:

This website will be constantly available, or available at all; or The information on this website is complete, true, accurate or non-misleading. We will not be liable to you in any way or in relation to the contents of, or use of, or otherwise in connection with, the Website.

We do not warrant that this Website; information, content, materials, product (including software) or services included on or otherwise made available to you through the Website; their servers; or electronic communication sent from the Website are free of viruses or other harmful components.

Nothing on the Website constitutes, or is meant to constitute, advice of any kind.

All the products sold on the Website are governed by different state laws and if We are unable to deliver such products due to implications of different state laws, we will return or will give credit for the amount received by us from the sale of such product, that could not be delivered to You.

You will be required to enter a valid phone number while registering with us on the Website and while placing an order on the Website. By registering your phone number with us, you consent to be contacted by us via phone calls and / or SMS notifications, in case of any order or shipment or delivery related updates.

15. PAYMENT

While availing any of the payment method/s offered by us, we are not responsible or take no liability of whatsoever nature in respect of any loss or damage arising directly or indirectly to you out of the decline due to:

• Lack of authorization for any transaction/s, or
• exceeding the preset limit mutually agreed by you and between your "Bank/s", or
• any payment issues arising out of the transaction, or
• decline of transaction for any other reason/s.

All payments made against the purchases/services on the Website by you shall be compulsorily in Indian Rupees acceptable by the Union of India. The Website does not accept any other form of currency with respect to the purchases.

Fitsheet uses third party payment providers to receive payments from the Buyers. Fitsheet is not responsible for delays or erroneous transaction execution or cancellation of orders due to payment issues. The Website takes utmost care to work with 3rd party payment providers, but does not control their systems, processes, technology and work flows, hence cannot be held responsible for any fault at the end of payment providers.

16. INDEMNITY

You shall indemnify and hold harmless Fitsheet , and the Website, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of this Terms of Use, Privacy Policy and other Policies, or your violation of any law, rules or regulations or the rights of a third party.

Fitsheet may notify You of any claims which You shall be liable to indemnify them against. You will then be required to consult with Fitsheet regarding the course of action to be undertaken in defending such a claim. Further, You shall not compromise or settle any claim or admit any liability or wrongdoing on the part of Fitsheet without our express prior written consent which can be withheld or denied or conditioned by us in its sole discretion.

17. APPLICABLE LAW

These Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Mumbai, India.

18. DISPUTE RESOLUTION

1. Any dispute, difference, controversy or claim arising out of or in connection with these Terms of Use, or the validity, interpretation, implementation or alleged breach of these Terms of Use or anything done or omitted to be done pursuant to these Terms of Use (each a “Dispute”) shall be settled by way of discussions between the representatives of the Site and the User. If discussions do not resolve the Dispute, within 30 (thirty) days of any Party seeking discussions by notice to the other Parties, then such Dispute shall be finally settled under, and in accordance with Clause 18.2.

2. Any Dispute that cannot be resolved in accordance with Clause 18.1 shall be submitted to final and binding arbitration at the request of any of the Parties upon written notice to the other Parties, and the following shall apply to such arbitration:

• The arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996 for the time being in force and the rules made thereunder. All proceedings of such arbitration shall be in the English language and the venue of arbitration shall be Mumbai.
• The arbitral panel shall consist of 1 (one) arbitrator to be mutually appointed by the representatives of the Site and the User, and the costs of such arbitrators shall be borne jointly by the Parties.
• Nothing shall prevent or restrict a Party from seeking interim relief, from any court having jurisdiction to grant the same provided that the pursuit of such interim relief through a court having jurisdiction, shall not be a waiver of the obligation of the Parties to pursue the resolution of all Disputes that cannot be resolved in accordance with Clause 18.2 through the arbitration process described in this Clause 18.

19. JURISDICTIONAL ISSUES/SALE IN INDIA ONLY

Unless otherwise specified, the material on the Website is presented solely for the purpose of sale in India. We or the Website makes no representation that materials in the Website are appropriate or available for use in other locations/countries other than India. Those who choose to access this Website from other locations/countries other than India do so on their own initiative and we are not responsible for supply of goods/refund for the goods ordered from other locations/countries other than India, compliance with local laws, if and to the extent local laws are applicable.

20. TRADEMARK, COPYRIGHT AND RESTRICTION

This Website is controlled and operated by Fitsheet . All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights that are owned and controlled by us or by other parties that have licensed their material to us. Material on the Web site owned, operated, licensed or controlled by us is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other web site or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.

21. TRADEMARK AND COPYRIGHT COMPLAINT

We respect the intellectual property of others. In case you feel that your trademark is being infringed or your work has been copied in a way that constitutes copyright infringement you can write to us at support@fitsheet.com

22. LIMITATION OF LIABILITY

IN NO EVENT SHALL WE / WEBSITE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN IF WE HAVE BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

23. PHONE:GENERAL

None of the provisions of the Terms of Use shall be deemed to constitute a partnership or agency between You and Fitsheet and You shall have no authority to bind Fitsheet in any manner whatsoever. Notices: Except as explicitly stated otherwise, any notices to the User shall be sent by electronic mail on the registered email id, as provided during the registration. Notice shall be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give You notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing. Where the notice is to be sent to Fitsheet, it should be sent at the following:

Email: support@fitsheet.com

Whatsapp: 34989343449

• Severability: If any clause of the Terms of Use shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the Terms of Use.
• Waiver - All waivers hereunder shall be made in writing, and the failure of any party at any time to require the other party's performance of any obligations under these Terms of Use shall not affect the right subsequently to require performance of the obligation. Any waiver of any breach of any provision of these Terms of Use shall not be construed as a waiver of any continuing or succeeding breach of such provision or a waiver or modification of the provision.
• Entire Agreement: This Agreement sets forth the entire understanding and agreement between You and Fitsheet with respect to the subject matter hereof.
• Assignment: You cannot assign or otherwise transfer this User Agreement, or any rights granted hereunder to any third party. Fitsheet may transfer its rights and obligations (also known as "assign") under these Terms of Use without Your prior express consent, provided that Fitsheet assigns the Agreement on the same terms or terms that are no less advantageous to You.