This web page represents a legal document that serves as our Terms of Service and it governs the legal terms of our website - fitnessmeals.co, and any associated web-based and mobile applications (collectively, "Website"), as owned and operated by Fitness Meals LLP.
By using our Website, you agree to fully comply with and be bound by our Legal Terms. Please review them carefully. If you do not accept our Legal Terms, do not access and use our Website. If you have already accessed our Website and do not accept our Legal Terms, you should immediately discontinue use of our Website.
The terms "us" or "we" or "our" refers to Fitness Meals LLP, the owners of the Website.
A "Visitor" is someone who merely browses our Website, but has not registered as Member.
A "Member" is an individual that has registered with us to use our Service.
Our "Service" represents the collective functionality and features as offered through our Website to our Members.
A "User" is a collective identifier that refers to either a Visitor or a Member.
All text, information, graphics, audio, video, and data offered through our Website are collectively known as our "Content"
You agree to comply with all applicable domestic laws, statutes, ordinances and regulations regarding your use of our Website. We reserve the right to investigate complaints or reported violations of our Legal Terms and to take any action we deem appropriate.
Our Website may contain our service marks or trademarks, in the form of words, graphics, and logos. Your use of our Website does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission from us. Our Website is also protected under copyright laws. The copying, redistribution, use or publication by you of any portion of our Website is strictly prohibited. Your use of our Website does not grant you ownership rights of any kind in our Website.
LINKS TO OTHER WEBSITES:-
Our Website may contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third-party websites. The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty or recommendation of such third-party websites. We do not have control over the legal documents and privacy practices of third party websites; as such, you access any such third-party websites at your own risk.
Our Legal Terms shall be treated as though it were executed and performed in India, and shall be governed by and construed in accordance with the laws in India, without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of our Legal Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content in our Website conflicts or is inconsistent with our Legal Terms, our Legal Terms shall take precedence. Our failure to enforce any provision of our Legal Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision.
STORAGE AND SECURITY OF YOUR PERSONAL INFORMATION:-
We agree to provide online food ordering facilities.
In particular, we provide a web page fitnessmeals.co from which you can place order by selecting menu available on our website.
a. Orders can be for either delivery or takeout depending upon the requirement of the visitors.
b. Our website provide meal by keeping calorie count, calories count for each meal has been calculated separately and we do not claim 100 % accuracy in the same.
c. Visitors are advised to consult their doctor’s before following any diet updated on our website.
d. We shall not be responsible for any health loss that you might suffer after following any diet plan.
e. The person below 18 of years of age, pregnant ladies, diabetic patient, BP patient, feeding mothers, and person going through with medical treatment are strictly advised to consult their doctors before following any diet plan.
We may change our menu on the basis of the raw materials available from time to time and depending on the weather conditions. We reserve the right to change the menu as and when needed without any prior intimation.
The payments are processed securely through online mode we do not store, use or process payment information.
CHARGES AND PAYMENT:-
a. The charges that are posted against the menu does not includes GST or delivery charges. We reserve the right to make changes to the pricing at any time without prior notification. The revised charges applied by us shall be available on the website. The delivery charges will be calculated for every order separately.
b. Payment for all orders must be by credit or debit card as stated on this Website.
c. If you choose online payment, you must pay for your order before it is delivered. To ensure that shopping online is secure, your debit/credit card details will be encrypted to prevent the possibility of someone being able to read them as they are sent over the internet. Your credit card company may also conduct security checks to confirm, if it is you placing the order.
d. A discount may apply to your order if you use a promotional code recognized by this Website and endorsed by us.
e. The payment can also be made by using FitnessMeals LLP wallet.
HOW TO MAKE AN ORDER AND HOW IT IS PROCESSED:-
a. Any contract for the supply of Food Delivery from this Website is between you and our company.
b. Once you have selected your order from the menu of your chosen Delivery Outlet you will be given the opportunity to submit your order by clicking on the "Finish" button. Please note it is important that you check the information that you enter and correct any errors before clicking on the "Finish" button since once you click on this input errors cannot be corrected.
c. If at any time prior to you clicking on the "Finish" button, you decide that you do not wish to proceed with your order, you should close the application window.
d. For online payment orders, on receipt of your payment, we will begin processing your order and we will send you notification by SMS or byEmail that payment has been received and that your order is being processed. SMS and Email confirmation will be produced automatically so that you have confirmation of your order details. You must inform us immediately if any details are incorrect.
e. In case of online payment, if any payment you make is not authorized you will be returned to the previous page on the Website and we shall not be obliged to provide the services
f. We do not entertain cash on delivery option under any circumstances
a. We shall make all the efforts to deliver the food at requested area. If Food Delivery is not provided at the estimated delivery time and address requested by you, please contact us by telephone or email and we will try to ensure that you receive your order.
b. All risk in the Food Delivery shall pass to you upon delivery.
c. If you fail to accept delivery of Food at the time they are ready for delivery, or we are unable to deliver at the nominated time due to your failure to provide appropriate location, or we are unable to deliver because of your failure to be present at the given address, then such goods shall be deemed to have been delivered to you and all risk and responsibility in relation to such goods shall pass to you. Any costs which we incur as a result of the inability to deliver shall be your responsibility and you shall indemnify us in full for such cost.
The amount that has been added in FitnessMeals LLP wallet is non-transferable and non-refundable.
a. You can cancel your order up to the order cutoff time. You can cancel your order either calling our call center number, or through our website. You may be required to login on the website in order to cancel your order, where applicable. We shall not cancel any order once the cutoff time has passed.
b. In the unlikely event that we deliver a wrong item, you have the right to reject the delivery of the wrong item and you shall be fully refunded for the missing item. We can do a partial delivery (a few items might be not available), its staff should inform you or propose a replacement for missing items. You have the right to refuse a partial order before delivery and get a refund. We will put our best effort in ensuring that the delivery is complete and as per your order, however this may not be possible in all cases.
c. We reserve the rights to cancel any order without assigning any reason in various cases but not limited to the following customer is not reachable, any orders placed using promotional coupon, misuse of promotional coupon, unauthorized usage of coupon or inaccuracies of coupon pricing, technical glitches and value thresholds, changes in food menu, menu and pricing issue, etc. However, our first priority is customer and we will do maximum of three attempts to update customer on phone.
d. Order cannot be cancelled once the cut off time has paased.
e. Once the order is cancelled, the amount against the order will be refunded back to the wallet.
a. Permission is granted to temporarily download one copy of the materials (information or software) on ours web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
1. Modify or copy the materials;
2. Use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
3. Attempt to decompile or reverse engineer any software contained on our web site;
4. Remove any copyright or other proprietary notations from the materials; or
5. Transfer the materials to another person or "mirror" the materials on any other server.
a. While we try to ensure this Website is normally available twenty-four (24) hours a day, we will not be liable if this Website is unavailable at any time or for any period.
b. Access to this Website may be suspended temporarily and without notice.
c. Unfortunately, the transmission of information via the internet is not completely secure. Although we will take steps to protect your information, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk.
VISITOR MATERIAL AND CONDUCT:-
b. You are prohibited from posting, uploading or transmitting to or from this Website any material that:
1. breaches any applicable local, national or international law;
2. is unlawful or fraudulent;
3. amounts to unauthorized advertising; or
4. Contains viruses or any other harmful programs.
5. You may not misuse the Website (including by hacking).
c. Any comments or feedback that you submit through the Website must not:
1. Contain any defamatory, obscene or offensive material;
2. Promote violence or discrimination;
3. Infringe the intellectual property rights of another person;
4. Promote illegal activity or invade another's privacy;
5. Give the impression that they originate from us
1. While FitnessMeals LLP tries to ensure that information on this Website is correct, we do not promise it is accurate or complete. we may make changes to the material on this Website, or to the services and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update that material, in particular.
2. Provides you with access to this Website and our services on the basis that, to the maximum extent permitted by law, we exclude all representations, warranties, conditions and other terms (including any conditions implied by law which but for these Website Terms might apply in relation to this Website and the services that we provide).
3. The products sold by us are provided for private domestic and consumer use only.
4. We have taken all reasonable steps to prevent Internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers or those of third parties.
GOVERNING LAW AND JURISDICTION:-
These Website Terms shall be governed by and construed in accordance with Indian law. Disputes arising in connection with these Website Terms (including non-contractual disputes) shall be subject to the exclusive jurisdiction of the courts of New Delhi (India). All dealings, correspondence and contacts between us shall be made or conducted in the English language.
b. If any provision or part of a provision of these Website Terms is found by any court or authority of competent jurisdiction to be unlawful, otherwise invalid or unenforceable, such provisions or part provisions will be struck out of these Website Terms and the remainder of these Website Terms will apply as if the offending provision or part provision had never been agreed.
c. Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Website Terms will not be interpreted as a waiver of your or our rights or remedies.
d. You may not transfer any of your rights or obligations under these Website Terms without our prior written consent. We may transfer any of our rights or obligations under these Website Terms without your prior written consent to any business that we enter into a joint venture with, purchase or are sold to.
e. The headings in these Website Terms are included for convenience only and shall not affect their interpretation.
Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
EVENTS OUTSIDE OUR CONTROL:-
A. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (Force Majeure Event).
B. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
1. Strikes, lock-outs or other industrial action;
2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
5. impossibility of the use of public or private telecommunications networks; and
6. The acts, decrees, legislation, regulations or restrictions of any government.
d. Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
If any of these terms and conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.
DISPUTES AND JURISDICTION:-
If any dispute and/or difference arises between us from the transaction, we will shall endeavour to settle such dispute amicably. In case of failure to resolve the dispute and/or difference amicably, the dispute and/or difference shall be referred to Arbitration and such appointed arbitrator shall adjudicate such dispute or difference between the Parties and make and publish the Award in accordance with the provisions of the Arbitration and Conciliation Act, 1996 or any amendment or modification thereto. The Award so to be made and published by the Arbitral shall be final and binding on the Parties. The costs, charges and expenses including arbitrator’s fees shall be shared equally by the Parties. The Arbitration proceedings shall be held in Pune, India and its proceedings shall be in English language.