terms & Conditions

FIBER FIT CLOTHING COMPANY: TERMS OF USE

Welcome to Fiber Fit Clothing Company. This document is an electronic record in terms of Information Technology Act, 2000 and published in accordance with the provisions of Rule 3 of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of Fiber Fit Clothing Company Private Limited marketplace platform - www.fiberfit.in (hereinafter referred to as "Platform") 

For the purpose of these Terms of Use, wherever the context so requires "You", “Your” or "User" shall mean any natural or legal person who either visits the website as a prospective purchaser to view the range of products being offered or willingly agrees to become a buyer on the Platform by providing his/her personal information on his/her own accord while registering on the Platform as a Registered User. The term "Fiber Fit Clothing Company", "We", "Us", "Our" shall mean and include Fiber Fit Clothing Company Designs Private Limited and its affiliates.

· Your use of the Fiber Fit Clothing Company and services and tools are governed by the following terms and conditions ("Terms of Use") as applicable to the Fiber Fit Clothing Company shall be deemed to mean and include the applicable policies which are incorporated herein by way of reference. By mere use of the Fiber Fit Clothing Company, you will be willingly contracting with Fiber Fit Clothing Company Designs Private Limited (a registered sole proprietorship firm) being the owner of the Platform. The terms and conditions including the policies as iterated hereinbelow constitute your binding obligations with Fiber Fit Clothing Company.

For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a buyer on Platform by providing data while registering on the Platform as Registered User. The term "Fiber Fit Clothing Company","We","Us","Our" shall mean Fiber Fit Clothing Company Designs Private Limited and its affiliates.

When You use any of the services provided by Us through Our Platform, including but not limited to, (e.g. Product Reviews, Seller Reviews), You will be subject to the rules, guidelines, policies, terms and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered to be a part and parcel of these Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. You shall ensure to review these Terms of Use periodically for updates/changes. Your continued use of the Platform following the posting of changes will mean that You have perused, accepted and agreed to the revisions made to the Terms of Use. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform. By Your express or implied acceptance of  these Terms of Use, You accept and agree to be bound by Fiber Fit Clothing Company Policies including but not limited to Privacy Policy as amended from time to time.

· 1.  Services Offered:

Fiber Fit Clothing Company provides a number of Internet-based services through the Platform. One such Service enables Users to purchase our original merchandise of fitness lifestyle clothing products including but not limited to printed round neck t-shirts, printed vests, etc. The Products can be purchased from the Platform through various methods offered to make payments such as by Net Banking, Credit Card and Debit Card. The purchase of Products from the Platform shall be additionally governed by specific policies applicable to the purchase like the cancellation policy, exchange policy, return policy, etc. In addition, these Terms of Use will be further supplemented by Product specific conditions, which shall be displayed with that Product.

Fiber Fit Clothing Company states that the content displayed on the Platform is true to the best of Our knowledge and does not warrant that the Product description or any other content is error-free and shall be absolved of and from any liability whatsoever in this regards to this stipulation.

· 3. Platform for Transaction and Communication:

The Users can utilize the Platform to meet and interact with one another with respect to their transactions. Fiber Fit Clothing Company is not and cannot be a party to or control in any manner any transaction between the Fiber Fit Clothing Company's Users. Henceforward: 

o Fiber Fit Clothing Company does not make any representation or Warranty as to specifics (such as quality, value, salability, etc) of the products or services proposed to be sold or offered to be sold on or purchased from the Platform.

o In the event that the pricing on any of the product(s) is incorrectly reflected on the Platform including but not limited to any technical issue, typographical error or any such error that may occur with respect to the product information published by Us, we may cancel such your order(s) and refund the payment made by you, if any. 

o You release and indemnify Fiber Fit Clothing Company Designs Private Limited and its affiliates and its officers, representatives from any cost, damage, liability and/or any other consequence of any of the actions of the Users of the Fiber Fit Clothing Company and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Fiber Fit Clothing Company cannot take responsibility for or control the information provided by other Users which is made available on the Platform.

· 4. User Conduct and Rules on the Platform:

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

o You shall not host, display, upload, modify, publish, transmit, update or share any information which:

· belongs to another person and to which You do not have any right to;

· is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

· harms minors in any way;

· deceives or misleads Us or any other User about the origin of such message or communicates any information which is grossly offensive or menacing in nature;

· is misleading in any way;

· involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";

· contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

· promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;

· infringes upon or violates any third party's rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity;

· contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);

· provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

· contains video, photographs, or images of another person (with a minor or an adult).

· tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

· interferes with another USER's use and enjoyment of the Platform or any other individual's User and enjoyment of similar services;

· infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;

· violates any law for the time being in force;

· threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;

· shall not be false, inaccurate or misleading;

· shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers;

o You shall not use the Platform for any unlawful and/or fraudulent purposes, which may cause great harm, annoyance and inconvenience and abuses any policy and rules of the company and interrupts or causes to interrupt, damage the use by other Users of Fiber Fit Clothing Company.

o You shall not use any false e-mail address or internet provider(IP) address, impersonate any person or entity, or otherwise mislead Fiber Fit Clothing Company by sharing multiple address details and phone numbers or transacting with malafide intentions.

o You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar and/or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform or make any false representations. We reserve Our right to bar any such activity.

o You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password "mining" or any other illegitimate means.

o You may not pretend that You are, or that You represent, someone else, or impersonate any other individual, legal person or entity.

o You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and the provisions and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Goods and Sales Tax(GST),Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or any other regulations that may be applicable for the time being in force.

o You shall not engage in advertising to, or solicitation of, other Users of the Platform to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Platform or related to us.

o The Content posted does not necessarily reflect Fiber Fit Clothing Company views. In no event shall Fiber Fit Clothing Company assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Platform. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.

· 5. Content Posted on Platform:

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, "Content"), is a third party user generated content and Fiber Fit Clothing Company has no control over such third party user generated content as Fiber Fit Clothing Company is merely an intermediary for the purposes of this Terms of Use. Such Content will become Our property and You grant Us the worldwide, perpetual and transferable rights in respect of such Content. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, 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 the Content You provide.

You may use information on the products and services purposely made available on the Platform for downloading, provided that You

o do not remove any proprietary notice language in all the copies of such documents,

o 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,

o make no modifications to any such information, and

o do not make any additional representations or warranties relating to such documents.

· 6. Privacy:

We view protection of Your privacy as a very important principle. We understand clearly that You and Your Personal Information is one of Our most important assets. We store and process Your Information including any sensitive financial information collected as defined under the Information Technology Act, 2000 and Rules there under. We may share personal information with our other corporate entities and affiliates.

We may disclose personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. We may disclose personal information to law enforcement offices, third party rights owners, or others in the good faith belief that such disclosure is reasonably necessary to: enforce our Terms or Privacy Policy; respond to claims that an advertisement, posting or other content violates the rights of a third party; or protect the rights, property or personal safety of our users or the general public.

We and our affiliates will share / sell some or all of your personal information with another business entity should we (or our assets) plan to merge with, or be acquired by a business entity, or be involved in the re-organization, amalgamation, restructuring of business. We have developed this Privacy Policy to protect Your personal/financial information and keep it confidential. By visiting Our Fiber Fit Clothing Company, you are accepting and consenting to the practices described in this Privacy Policy. The following Privacy Policy and Cookie Policy outlines the information we may process and how we may use that information to better serve you while using our Fiber Fit Clothing Company.

o Correspondence Information. Following are the various Correspondence Information that You provide when You access/register for Our Service which includes:

· Children under the age of 18: Use of the Platform 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 Platform. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Platform and shall not transact on or use the Platform. As a minor, if you wish to use or transact on Fiber Fit Clothing Company, such use or transaction may be made by your parents or legal guardian as acceptable under the law on the Platform.

· Personal Information: name, gender, age, images, contact/ postal address, telephone, email id, nationality and content.

· Financial Information: credit/ debit card details including card number and expiry date in encrypted form, details for net banking services and Wallet services.

· Payment and Account Information: Your account history with us including (without limitation) all billing information and communications, payment history, etc. We maintain this in encrypted form on secure servers. However, your transactions details may be reserved by Fiber Fit Clothing Company for purposes of tax or regulatory compliance.

· Transactional Information: Order ID, transactional history (other than banking details) about your e-commerce activities on our Fiber Fit Clothing Company.

· Shared Information: Should not include or portray any forms of nudity or other sexually suggestive content

· Should not include or portray any forms of hate speech, discriminatory language or images, credible threats or direct attacks on an individual or group

· Should not include or portray any forms of content that contains self-harm or excessive violence

· Should not include or portray any fake or impostor profiles

· Should not include any spam messages or e-mails.

o Technical and functional management of the Platform. When you use our Platform, we also process technical data such as your IP-address, Device ID, Device Contacts, Device Accounts including third-party accounts or MAC-address, and information about the manufacturer, model, and operating system of your mobile device. We use this data to enable us to deliver the functionalities of the Platform, resolve technical difficulties, and provide you with the correct (prevent the transmission of spam, viruses and/or unlawful, defamatory, obscene or otherwise undesirable material or content) and most up to date version of the Platform.

o Operational Use. We may use your information for suggesting products and promotional offers and schemes. You may update your profiling information at any time on the Platform. You acknowledge and agree such update is for Your interests and for improving personalization and service efficiency of the Platform.

· Note: You acknowledge that, we will only disclose your information in an aggregated form which is not capable of being used or interpreted in such a manner as to identify you.

o Applicable law and procedure. We collect and store your Correspondence Information to: (a) comply with our obligations under law; and (b) monitor your use of our Services in order to ensure your compliance with our Terms of Service.

· Note: However, as effective as encryption technology is, no security system is impenetrable. We cannot guarantee the security of our database, nor can we guarantee that information you supply won't be intercepted while being transmitted to us over the Internet. Any transmission of information by you to our Platform is at your own risk. We recommend that you do not disclose your password to anyone credit card information, cvv,pin,card no etc.. 

o Third Party. At times We may tie-up with third parties, brand owners or other partners and make available certain offers, events or special schemes. In such instances, your personal information may be shared with such third parties and/or may become available to them or be disclosed to them, such third parties may have their own applicable privacy rules and We shall not be liable for the use or misuse of Your information by such third parties.

· We only collect your Personal Information to conduct our business and to enable us to deliver and improve our services. We do not for any reason whatsoever sell your Correspondence and financial Information to any third party or otherwise trade on it.

· Disclaimer of Warranties and Liability: 

All the materials and products (including but not limited to software) and services, included on or otherwise made available to You through our Platform 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, Fiber Fit Clothing Company does not warrant that: Platform will be constantly available, or available at all; or The information on Platform is complete, true, accurate or non-misleading.

· 9. E-Platform for Communication:

You agree, understand and acknowledge that Fiber Fit Clothing Company is an online platform that enables you to only purchase products listed on the Platform at the price indicated therein at any time. You further agree and acknowledge that Fiber Fit Clothing Company is only a facilitator and is not and cannot be a party to or control in any manner any transactions on Fiber Fit Clothing Company.

· 10. Indemnity:

You shall indemnify, hold harmless and absolve from any present or future liabilities Fiber Fit Clothing Company, 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 (including infringement of intellectual property rights) of a third party.

· 11. Trademark, Copyright and Restriction:

All the contents and material showcased on the Platform, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Fiber Fit Clothing Company 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 email 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 Fiber Fit Clothing Company 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 monetary terms or otherwise, is a commercial use for the purposes of this clause. It is expressly clarified that You will retain ownership and shall 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 you may upload, transmit or store when making use of Our various Services. However, We reserve the right to use/reproduce any content uploaded by You and You agree to grant royalty free, irrevocably, unconditionally, perpetually and worldwide right to Us to use the content for any reasonable business and/or commercial purposes.

· 12. Limitation of Liability:

In no event shall Fiber Fit Clothing Company be liable for any indirect, punitive, incidental, special, consequential damages or any other damages resulting from:

o the use or the inability to use the Services or Products;

o unauthorized access to or alteration of the user's transmissions or data;

o breach of condition, representations or warranties by the manufacturer of the Products

o any other matter relating to the services; including, without limitation to damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Platform or Service. Fiber Fit Clothing Company shall not be held responsible for non-availability of the Fiber Fit Clothing Company during periodic maintenance operations or any unplanned suspension of access to the Fiber Fit Clothing Company website. The User understands and agrees that any material and/or data downloaded at Fiber Fit Clothing Company is done entirely at Users own discretion and risk and they will be solely responsible for any damage to their electronic devices such as mobiles/smartphones, computers, tablets, laptops, etc. or loss of data that results from the download of such material and/or data. To the maximum extend that is permissible under law, Fiber Fit Clothing Company’s liability shall be limited to an amount equal to the value of the Products being purchased  by You. Fiber Fit Clothing Company shall not be liable for any dispute or disagreement between Users

· 13. Termination:

Fiber Fit Clothing Company may suspend or terminate your use of the Fiber Fit Clothing Company or any Service if it believes, in its sole and absolute discretion that you have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Service or anyway otherwise acted unethically. Notwithstanding anything in this clause, these Terms of Service will survive indefinitely unless and until Fiber Fit Clothing Company chooses to terminate them.

o If You or Fiber Fit Clothing Company terminates your use of the Platform or any Service, Fiber Fit Clothing Company may delete any content or other materials relating to your use of the Service and Fiber Fit Clothing Company will have no liability to you or any third party for doing so. However, your transactions details may be preserved by Fiber Fit Clothing Company for purposes of tax or regulatory compliance.

o You shall be liable to pay for any Service or Product that you have already ordered till the time of Termination by either party and any costs whatsoever that may be incidental thereto.

o If Fiber Fit Clothing Company unilaterally terminates Your account without any reason then any applicable cash back or wallet amount (if any) shall be refunded to You.

o If You use any false e-mail address or use the portal for any unlawful and fraudulent purposes, which may cause annoyance and inconvenience and abuses any policy and rules of the company or mislead Fiber Fit Clothing Company by sharing multiple address and phone numbers or transacting with malafide intentions then Fiber Fit Clothing Company reserves the right to refuse access to the portal, terminate accounts including any linked accounts without notice to you and take necessary legal action against you by approaching any of the fora in order to obtain reliefs .

· 14. Jurisdictional Issues/Sale in India Only:

Unless otherwise specified, the material on the Platform is presented solely for the purpose of sale in India. Fiber Fit Clothing Company makes no representation that materials in the Platform are appropriate or available for use in other locations/Countries other than India. Those who choose to access Platform from other locations/Countries other than India can do so on their own accord and initiative and shall duly note that Fiber Fit Clothing Company is not responsible for the supply of products/refund for the products ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.

· 15. 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 courts, tribunals, fora, applicable authorities at Pune. The place of jurisdiction shall be exclusively in Pune.

· 17. Disclaimer:

You acknowledge and undertake that you are accessing the services on the Platform and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through Fiber Fit Clothing Company. While we have taken precautions to avoid inaccuracies in content, this website, all content, information (including the price of products), software, products, services and related graphics are provided as is, without warranty of any kind. Neither shall any right, title or interest in the products sold through or displayed on Platform vest with Fiber Fit Clothing Company at any time nor shall Fiber Fit Clothing Company have any obligations or liabilities in respect of any transactions on Platform.

o 23. You hereby agree to indemnify and keep Fiber Fit Clothing Company harmless against all damages, liabilities, costs, expenses, claims, suits and proceedings (including reasonable attorney’s fee) that may be suffered by Fiber Fit Clothing Company as a consequence of (i) violation of terms of this Policy by You; (ii) violation of applicable laws; (iii) any action or inaction resulting in willful misconduct or negligence on Your part.

o 24. Fiber Fit Clothing Company does not hereby warrant that the Fiber Fit Clothing Company call center will run concurrently and error free during and/or after the 'Offer and Fiber Fit Clothing Company shall not be directly liable for issues related to technical and/or human error whatsoever. However, Fiber Fit Clothing Company shall work towards the best interest of the customer.

o Exchange or return of the ordered goods will be situational and the customer will bare if any charges to return the goods back to Fiber Fit Clothing Office. 

o It is hereby agreed and understood that every User is deemed to have perused and affirmed to all the terms and conditions of use if they have visited our website, completed the registration process and /or placed an order with us.