1. Introduction
1.1 These terms and conditions are an electronic record in terms of Information Technology Act 2000 and the corresponding rules as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
1.2 These terms and conditions are published pursuant to provisions of the Information Technology (Intermediaries guidelines) Rules 2011 that require publishing the rules and regulations, privacy policy and terms for access or use of https://xcellfitness.co.in.
1.3 This domain name https://xcellfitness.co.in is owned by Raghav Pande (collectively referred to as Xcell Fitness).
1.4 These terms and conditions in conjunction with the Privacy Policy and (collectively the Terms and Conditions), govern your use of https://xcellfitness.co.in, and any content made available from or through this website, including any sub-domains thereof (hereafter referred to as the Website). Regardless of whether or not you register on the Website or place an order, by using the Website, you accept and agree to be bound by these Terms and Conditions and you are deemed to have read, understood, accepted and agreed to the contents and implications of these Terms and Conditions.
1.5 If you do not agree to these terms and conditions, you may not access or otherwise use the Website.
1.6 You can access most of the pages of the Website without registering your details with us. However, in order to be able to access the services on our Website, and to receive promotional offers, you will need to first register yourself on the Website.
2. Your Obligations
2.1 In these terms and conditions, and in the context of a registered user or where the context so requires, the term ‘You’ shall mean any natural or legal person who has agreed to become a member of the Website by providing registration data while registering on the Website using the computer systems of the Website; has accepted the terms and conditions contained in this electronic record and has been allocated a unique identification user name or “User ID” and “Password”.
2.2 We have the right to amend these terms and conditions at any time without prior notice and consequently you agree to review these terms and conditions periodically and/or prior to each online purchase. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of the Website which will override these terms and conditions to that extent only. In that event, the other terms and conditions herein shall remain in full force. If you do not wish to accept any such expressly designated legal notices and conditions, you should not continue to use the Website.
2.3 You agree that in no event shall Xcell Fitness be liable for any loss or damage whether direct, indirect, incidental, special or consequential arising out of or in any way connected with the use of the Website or the products or for the delay or inability to use the Website, or for any information, products, and services obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract or strict liability or any other law or equity or otherwise.
3. Registration and Other Obligations
3.1 As a new registered user, these terms and conditions shall be effective and binding upon your ‘acceptance’. Acceptance shall mean your affirmative action in filling your registration data as provided on the registration page. If you do not accept these terms and conditions, do not fill up your registration data.
3.2 You recognize that your registered data is for the purpose of processing your online purchase order and for providing services that may be offered by Xcell Fitness from time to time. You authorize Xcell Fitness to retain such data and to use such data as may be required to provide such services. You acknowledge that Xcell Fitness may contact you via email or other means for your order or changes or alterations to the order or for promotional purposes.
3.3 You are responsible for maintaining the confidentiality of your user ID and password and for restricting access to your computer, computer system and computer network, and you are responsible for all activities that occur under your user ID and password.
3.4 You agree to provide accurate, true and complete updated information of yourself as requested for by Xcell Fitness at the time of registration and/or from time to time. Should you provide any data or information which Xcell Fitness has reason to believe to be false, inaccurate or incomplete, Xcell Fitness shall have the right to terminate or suspend your account/membership and deny you access to the Website.
3.5 You warrant and agree that, while using the Website and the various services and features offered on or through the Website, you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party’s advertising, branding or other promotional content into any of the Website’s content, materials or services, or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; or (c) attempt to gain unauthorized access to other computer systems through the Website. You shall not: (i) engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Website or the services offered on or through the Website, including without limitation any information residing on any server or database connected to the Website or the services offered on or through the Website; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means; (iii) use the Website or the services made available on or through the Website in any manner with the intent to interrupt, damage, disable, overburden, or impair the Website or such services, including, without limitation, sending mass unsolicited messages or “flooding” servers with any communication; (iv) use the Website or the Website’s services or features in violation of Xcell Fitness or any third party’s intellectual property or other proprietary or legal rights; or (v) use the Website or the Website’s services in violation of any applicable law. You further agree that you shall not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Website or the Website’s services, or any content thereof, or make any unauthorized use thereof. You agree that you shall not use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website or any of its services. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Website.
4. Eligibility
4.1 You shall use the Website only if you are competent to enter into a legally binding contract under the provisions of the Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors i.e. under the age of 18 years are not eligible to use the Website.
4.2 If you are a minor and wish to purchase a product, good or service through the Website, you may do so through your legal guardian or parents who have registered themselves as registered users of the Website. Your membership may be terminated and/or you may be refused 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.
5. Your Online Order and Payment
5.1 You accept that upon requesting a service online from the Website you are deemed to have placed an order with Xcell Fitness for purchase of the specified service. You recognize that you can purchase products through the Website only through your membership account and all online payments will be accepted only through valid and authorized credit/debit cards or net banking. The Website secure server software (SSL) technology will encrypt all registered data, including your name, address, credit card/debit card/net banking details and telephone numbers and ensure safety in the online transactions you make on the Website.
5.2 During the process of purchase on the Website, you will be appropriately guided through various stages from choosing your service to confirmation of your payment and selected service.
5.3 Xcell Fitness reserves the right to refuse to process a transaction for any reason or refuse service to anyone at any time at its sole discretion. Xcell Fitness shall not be liable to you or any third party by reason of it withdrawing any service from the Website whether or not that service has been sold.
5.4 Please do not transact if you do not agree with any of the following terms and conditions:
- All prices of the merchandise are in Indian Rupees.
2. Please note that the terms and prices are subject to change without notice. Xcell Fitness requires the entire price to be paid in advance.
3. The service and access to the service is limited to the period specified at the time of placing the order and the user understands and agrees that the user will not be able to access the service once the duration has expired because of efflux of time. The user understands and agrees that Xcell Fitness does not claim, assure or guarantee results. Further the user understands and agrees that results may vary from person to person in terms of fat loss, inch loss and duration of time to achieve weight loss and that Xcell Fitness cannot guarantee results.
4. The description of the service on the website may vary from the actual service provided.
5. The payment for the service can be made only in Indian Rupees which can be paid by credit cards or debit cards or electronic/ wire transfer or net banking.
6. For credit card or debit card payments, the user will be directed to the payment gateway.
7. The user will be requested to furnish their personal and payment details including true and complete name, billing address, credit card/debit card number and bank details in the required fields on the payment gateway website. Please note that Xcell Fitness does not undertake any responsibility for the information furnished by the user on the payment gateway website and the user will be subject to separate terms and conditions as shall be provided on the payment gateway website with respect to the payment.
8. Once payment has been processed by the payment gateway website, the order request will be placed with Xcell Fitness. All orders for which payment has been made are subject to approval by Xcell Fitness. Once orders are confirmed by the user, such orders cannot be cancelled and there will be no refund of money.
9. The user acknowledges and agrees that Xcell Fitness will commence the service only after realization of payment.
10. All complaints regarding the processing of payment should be directed to the payment gateway.
11. It could take up to 7 business days for the service to be available to the user. While Xcell Fitness will make every effort to provide the user the service upon realization of payment, it is understood and agreed by the user that due to technical or any other reasons, it may not be possible for Xcell Fitness to provide the user with the service even after receipt of the payment. Xcell Fitness will not be liable for any additional loss or damage arising out of such a delay and is responsible only for refund of the payment made by the user if the service is not available to the user within 14 business days upon realization of payment.
12. Orders once placed will not be terminated or transferred. Once the user makes the payment on the Website, no refund/cancellation will be made. Further non-usage of the service does not entitle the user for a refund of any portion of the payment made for this service or any extension of any nature.
13. Even after commencement of the services, Xcell Fitness reserves the right in its sole discretion, to refuse service, restrict, suspend or terminate the services if there is any default in payment. A payment default means that the credit card company denies the charge to the user’s credit card account. Upon such termination or suspension, the user’s right to use Xcell Fitness’s website will immediately cease.
14. Delivery of the purchased services are undertaken the Website. Xcell Fitness’s liability shall at all times shall be limited to the payment received for the service. In case of queries or comments or complaints, please contact Xcell Fitness at raghav.pande@xcellfitness.co.in.
15. The violation of the terms and conditions will result in cancellation of services and no refund will be made to the user.
6. Service Description
6.1 Each service purchased by you online is sold subject to the service description. Xcell Fitness will take all reasonable care to ensure that all details, descriptions and prices of services displayed on the Website are correct at the time when the relevant information was entered into the system. Although the Website is kept as up to date as possible, information including service description, appearing on the Website at a particular time may not always reflect the position at the exact moment you place an order.
6.2 Xcell Fitness reserves the right to withdraw any service from this Website at any time and/or remove or edit any materials/pages or content on the Website.
7. Electronic Communication
You agree that your use of the Website for any purpose such as, but not limited to, sending communication via email or otherwise, information or data, constitutes communication with Xcell Fitness via electronic records and you consent to receive communication via electronic records from Xcell Fitness periodically or as and when required. You accept that communication by Xcell Fitness through courier, post or electronic means constitutes proper service of notice or electronic records.
8. Intellectual Property
8.1 Xcell Fitness is the exclusive owner of the trademark Xcell Fitness as well as its stylized logo script having a unique colour combination (referred to as the trademark) as depicted on the Website and in other material. Xcell Fitness is in the process of registering the trademark under the Trade Marks Act, 1999 in various classes. Any person illegally or unauthorized using the trademark or any other mark which may be deceptively similar to the trademark or any other intellectual property owned by it shall be proceeded against in accordance with the law and such legal action may entail criminal and/or civil proceedings in the competent courts. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Website without the written permission of Xcell Fitness. Your misuse of the trademarks displayed on the Website or on or through any of the Website’s services is strictly prohibited.
8.2 Xcell Fitness is the exclusive proprietor/owner of the copyright in the content and software of the Website and all printed material and any infringement and/or unauthorized use thereof shall be proceeded against in accordance with the law. As between you and Xcell Fitness, Xcell Fitness owns, solely and exclusively, all rights, title and interest in and to the Website, all the content, code, data and materials thereon, the look and feel, design and organization of the Website, and the compilation of the content, code, data and materials on the Website, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein, excluding third party content. Your use of the Website does not grant to you ownership of any content, code, data or materials you may access on or through the Website.
9. User Information
In the course of your use of the Website and/or the services made available on or through the Website, you may be asked to provide certain personalized information to us (such information referred to hereinafter as User Information). Xcell Fitness information collection and use policies with respect to the privacy of such User Information are set forth in the Website’s Privacy Policy which shall be deemed to be incorporated herein by reference for all purposes. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information.
10. Prohibited Use
Any commercial or promotional distribution, publishing or exploitation of the Website, or any content, code, data or materials on the Website, is strictly prohibited unless you have received the express prior written permission from authorized personnel of Xcell Fitness or the otherwise applicable rights holder. Other than as expressly allowed herein, you shall not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or available through the Web Site. You further agree that you shall not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or available through the Website, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices. You acknowledge that you do not acquire any ownership rights by downloading any copyrighted material from or through the Website. If you make other use of the Website, or the content, code, data or materials thereon or available through the Website, except as otherwise provided above, you may violate copyright and other laws of India, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.
11. Right to Monitor
Xcell Fitness reserves the right, but does not have an obligation, to monitor and/or review all materials posted to the Website or features by users, and Xcell Fitness is not responsible for any such materials posted by users. However, Xcell Fitness reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in Xcell Fitness’s sole discretion are objectionable or in violation of these terms and conditions, Xcell Fitness’s policies or applicable law. We may also impose limits on certain features of the forums or restrict your access to part or all of the forums without notice or penalty if we believe you are in breach of the guidelines set forth in this paragraph, our terms and conditions or applicable law, or for any other reason without notice or liability.
12. Sensitive Information
It is important to remember that comments submitted to a forum may be recorded and stored in multiple places, both on our Website and elsewhere on the Internet, which are likely to be accessible for a long time and you have no control over who will read them eventually. It is therefore important that you are careful and selective about the personal information that you disclose about yourself and others, and in particular, you should not disclose sensitive, embarrassing, proprietary or confidential information in your comments to our public forums.
13. Linking to the Website
You are not permitted to link from any other web site to this Website in any manner. Further, you are not permitted to link directly to any image hosted on the Website or our services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another web site. You agree not to download or use images hosted on this Website on another web site, for any purpose, including, without limitation, posting such images on another site.
14. Testimonials
You agree that all testimonials posted on the Website, are posted in good faith and Xcell Fitness shall not in, in any manner be, responsible to compensate you, in any form, whatsoever.
15. Dispute Resolution
The terms and conditions, and the relationship between you and us, shall be governed by the laws of India, without regard to conflict of law provisions. Any dispute relating to any of these terms and conditions or any transaction of purchase conducted by you though the Website or any suit or other proceedings by or against Xcell Fitness shall be submitted to the courts of Delhi, which will have exclusive jurisdiction over such matters.
16. Severance
If any clause (or part of a clause) of this agreement is found by any court or authority of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall continue to subsist and remain in force.