www.bodymart.in ("Website") is an Internet based portal owned and operated by Bodymart ("Company"), a company incorporated under the laws of India, with its office at Chennai, India. Use of the Website is offered to you conditioned on acceptance of all the terms, conditions and notices contained in these Terms, along with any amendments made by Bodymart at its sole discretion and posted on the Website.
2. User Account
The Website requires you to register as a user by creating an account in order to purchase the products from the Website. You will be responsible for maintaining the confidentiality of the password and the account, and are fully responsible for all activities that occur under your password or account. You agree to (i) immediately notify Company of any unauthorized use of your password or account or any other breach of security, and (ii) ensure that you exit from your account at the end of each session. Company cannot and will not be liable for any loss or damage arising from your failure to comply with this section. Users can unsubscribe from our communications sent through Email anytime.
4. Shipping Policy
The User hereby consents, expresses and agrees that he has read and fully understands the Shipping Policy of Company in respect of the Website. You further consent that the terms and contents of such Shipping Policy are acceptable to you.
5. User Obligations
You agree and undertake to use the Website only to post and upload material that is proper. By way of example, and not as a limitation, you agree and undertake that when using the Website, you will not,
i. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others
ii. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information through any bookmark, tag or keyword
iii. Upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents
iv. Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer
v. Conduct or forward surveys, contests, pyramid schemes or chain letters
vi. Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner
vii. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded
viii. Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service
ix. Violate any applicable laws or regulations for the time being in force in or outside India
x. Violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein; and
xi. 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 Website.
6. Usage Conduct
You shall solely be responsible for maintaining the necessary computer equipments and Internet connections that may be required to access, use and transact on the Website. You are also under an obligation to use this Website for reasonable and lawful purposes only, and shall not indulge in any activity that is not envisaged through the Website. You shall use this Website for personal, non-commercial use only and shall not re-sell the same to any other person.
7. Intellectual Property Rights
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Company owns all Intellectual Property Rights to Company and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to Bodymart without obtaining authorization from Bodymart. Notwithstanding the foregoing, it is expressly clarified that you will solely be responsible for any content that you provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which may be accessible through your post, or any other content that you upload, transmit or store when using the Website.
8. Links To Third Party Sites
Bodymart will contain links to other websites. These other sites are not under the control of Company and Company is not responsible for the contents of any third party site, including without limitation any link contained in a site, or any changes or updates to a site. Bodymart is not responsible for any form of transmission, whatsoever, received by you from any third party site. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information. In the event that by accessing the Website or following links to third-party websites you are exposed to content that you consider offensive or inappropriate, your only recourse will be to stop using the Website.
9. Disclaimer Of Warranties & Liability
Company has endeavored to ensure that all the information on the Website is correct, but Company neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or Service. In no event shall Company be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages. Neither shall Company be responsible for the delay or inability to use the Website or related Functionalities, the provision of or failure to provide Functionalities, or for any information, software, products, Functionalities and related graphics obtained through the Website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, Company shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond Company's control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
You agree to indemnify, defend and hold harmless Bodymart from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Company 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.
Company may suspend or terminate your use of the Website or any Service at its sole and absolute discretion. Notwithstanding the foregoing sub-section above, these Terms will survive indefinitely unless and until Company chooses to terminate them. If you or Company terminates your use of the Website, Company may remove any content or other materials relating to your use of the Website and Company will have no liability to you or any third party for doing so.
12. Governing Law
These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles, and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Chennai, India.
13. Products Availability
Suppose if the product that the customer purchases is not available, we shall refund back the amount paid to us to the customer. This is a rare case.
14. Report Abuse
If you come across any abuse or violation of these Terms, please report to email@example.com