Terms & Conditions

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of India

Introduction

KLR.FIT (‘Website’) is an online service owned, operated and managed by Kuickfit Engineered Nutrition LLP (‘KLR.FIT’ or ‘we’ or ‘us’). In using/accessing the website, you are deemed to have accepted the terms and conditions of the agreement listed below or as may be revised from time to time (‘User Agreement’), which shall remain in effect for an indefinite period, and you understand and agree that you are bound by such terms till the time you access this Website. If you have any queries about the terms and conditions of this User Agreement or have any comments or complaints on or about the Website, please email us at [email protected]. We reserve the right to change the terms and conditions of this User Agreement from time to time without any obligation to inform you and it is your responsibility to look through them as often as possible.

Ownership of Rights

Any use of this Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the explicit permission of KLR.FIT. All information displayed, transmitted or carried on the Website is protected by copyright and other intellectual property laws. Copyrights and other intellectual property in respect of some of the content on the Website may be owned by third parties. This site is designed, updated and maintained by KLR.FIT or its licensors. You shall not modify, publish, transmit, transfer, sell, reproduce, create derivative work from, distribute, repost, perform, display or in any way commercially exploit any of the content available on the Website.

Accuracy of Content and Invitation to Offer

We have taken all care and precaution to provide accurate data and information, including ensuring that prices quoted are correct at time of publishing and all products have been fairly described. All prices are displayed inclusive of GST (Goods and Services Tax). Services, however, are listed exclusive of GST as rules may vary with different services. Packaging may vary from that shown. The weights, dimensions and capacities given are approximate only. We have made every effort to display colours accurately, however actual colours you see will depend on your monitor and we cannot guarantee accuracy. All products/services and information displayed on the Website constitute an invitation to offer. Your order for purchase constitutes your offer which shall be subject to the terms and conditions of this User Agreement. We reserve the right to accept or reject your offer in part or in full. Our acceptance of your order will take place upon dispatch of the product(s) ordered.

Dispatch of all the product(s) ordered may or may not happen at the same time. In such a scenario, that portion of the order which has been dispatched will be deemed to have been accepted by us, and the balance would continue to be on offer. No act or omission of KLR.FIT prior to actual dispatch of the product(s) ordered will constitute acceptance of your offer. If you have supplied us with your email address or phone number, we will notify you to confirm receipt of your order and again to confirm dispatch.

General Terms of Use

By using the website or making any purchase, you agree to be bound by these Terms of Use:

• User is authorised to use the website for lawful purposes only, as mentioned under the policies of KLR.FIT. Any violation will lead to strict legal action in terms of applicable policies and laws.
• FIT strives to provide the best prices possible but does not guarantee the lowest price in any city, region or geography. Prices and availability are subject to change without notice.
• FIT has a network of vendors and reserves the right to pass orders to any vendor for fulfillment.
• Promotional prices are valid only for the respective promotional period and will not apply before or after such dates.
• All offers on products are for limited stocks and limited periods. KLR.FIT may modify, extend, update or withdraw offers at its sole discretion without prior notice.
• A promo code, once used, shall not be refunded in case of order cancellation by either the customer or KLR.FIT.
• We do not run promotions that prompt users to initiate a purchase without first providing all relevant information and obtaining explicit consent, nor do we misrepresent our services.
• All products sold on KLR.FIT are genuine. We guarantee the condition of items you buy; however, this guarantee does not cover manufacturing defects.
• In case of cashback offers extended by banks, the user will also be governed by the terms and conditions of the respective bank or card issuer.
• FIT may, at any time and for any reason including technical errors or unavailability of stocks, cancel orders placed by users. Such decisions are final and KLR.FIT shall not be liable for such cancellations.
• Expected delivery times as mentioned on the website may vary.
• In the event that a product or service is listed at an incorrect price or with incorrect information, KLR.FIT may, at its discretion, either contact the user for instructions or cancel the order and notify the user accordingly.
• FIT reserves the right to modify the price of any product or service at any time without prior notice.

Cancellation by KLR.FIT

KLR.FIT reserves the right, at its sole discretion, to refuse or cancel any order for any reason whatsoever without assigning any reason to the user. Situations that may result in cancellation include, without limitation, non-availability of the product or quantity ordered, inaccuracies or errors in pricing information, or problems identified by KLR.FIT’s credit and fraud avoidance department. KLR.FIT may also require additional verification before accepting any order. If the order is cancelled after a credit card has been charged, the amount will be reversed back to the user’s account.

Cancellation by the User

KLR.FIT, at its sole discretion, reserves the right to accept or reject requests for order cancellations. If KLR.FIT receives a cancellation notice and the order has not yet been processed, KLR.FIT shall cancel the order and refund the entire amount within a reasonable period. KLR.FIT will not be able to cancel orders that have already been processed. KLR.FIT’s decision on whether an order has been processed shall be final.

Bulk Orders

KLR.FIT reserves the right to cancel any orders classified as ‘Bulk Orders’. Reward points or promo codes used for bulk orders will not be refunded. An order may be classified as a ‘Bulk Order’ if it meets any of the following criteria:

• Products ordered are not for self-consumption but for commercial resale;
• Multiple orders placed for the same product at the same address;
• Bulk quantity of the same product ordered;
• Invalid address given in order details;
• Any malpractice used to place the order.

Usage Restrictions

You shall not use the Website for any of the following purposes:

• Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
• Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
• Gaining unauthorised access to other computer or network systems.
• Interfering with any other person’s use or enjoyment of the Website.
• Breaching any applicable laws.
• Interfering or disrupting networks or websites connected to the Website.
• Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.

You are not permitted to host, display, upload, modify, publish, transmit, update or share any information on the Website that:

• Belongs to another person and to which you do not have any right;
• Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially or ethnically objectionable, or otherwise unlawful;
• Harms minors in any way;
• Infringes any patent, trademark, copyright or other proprietary rights;
• Violates any law for the time being in force;
• Deceives or misleads the addressee about the origin of messages or communicates grossly offensive or menacing information;
• Impersonates another person;
• Contains software viruses or any code designed to interrupt, destroy or limit the functionality of any computer resource.
• Threatens the unity, integrity, defence, security or sovereignty of India or friendly relations with foreign states.

Quantity Restrictions

We reserve the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may apply to orders placed by the same account, the same credit/debit card, and to orders using the same billing and/or shipping address. We will provide notification should such limits be applied. We also reserve the right to prohibit sales to anyone as we may deem fit.

Pricing Information

While we strive to provide accurate product and pricing information, errors may occur. We cannot confirm the price of a product until after you order. In the event that a product is listed at an incorrect price, we shall have the right to refuse or cancel any orders placed for that product unless it has already been dispatched. Unless the product has been dispatched, we reserve the right to modify the price and contact you using the email address or contact number provided during registration, or to cancel your order. If we cancel an order after payment has been processed, the amount will be reversed to your account. Our promotional offers and discounts are not site-wide and are limited to selected categories.

Indemnity

We disclaim all warranties or conditions, whether expressed or implied. We shall not be liable to any person for any loss or damage which may arise from the use of any information contained on this Website. This User Agreement and any contractual obligation between us and you will be governed by the laws of India. All disputes shall be subject to arbitration in Mohali, Punjab, India, in the English language, by a single arbitrator appointed by us under the Arbitration and Conciliation Act, 1996. Each party to arbitration shall bear its own cost. The courts in Mohali, Punjab shall have exclusive jurisdiction over any matters not subject to arbitration.

You agree to defend, indemnify and hold harmless KLR.FIT, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, arising out of your actions or inactions, breach of warranties or obligations under this User Agreement, or violation of any applicable laws. This clause shall survive the expiry or termination of this User Agreement.

Eligibility to Use

Use of the Website is available only to persons who can form legally binding contracts under applicable law. Persons who are ‘incompetent to contract’ within the meaning of the Indian Contract Act, 1872, including un-discharged insolvents, are not eligible to use the Website. We reserve the right to terminate membership and refuse access at our sole discretion. The Website is not available to persons whose membership has been suspended or terminated. If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement.

We make no representation that products or services on this Website are appropriate for use or available outside India. We will deliver products only within India and will not be liable for claims relating to products ordered from outside India. We will deliver only within states having an open import policy.

Privacy

Upon acceptance of these Terms of Use, you confirm that you have read, understood, and unequivocally accepted our Privacy Policy.

Refusal of Service

We reserve the right to refuse service to anyone at any time. We also reserve the right to suspend or cancel the service at any time if a computer virus, bug, or other technical problem corrupts the security or proper administration of the service.

Promotional Communications

We may send you information about us, the Site, our other websites, our products, sales promotions, newsletters, SMS updates, and anything relating to other companies in our group or our business partners. If you would prefer not to receive such communications, please click the ‘unsubscribe’ link in any email we send to you. Within 7 working days of receipt of your instruction, we will cease sending such information. For any queries, please contact our Customer Support.

Financial Details

You agree and confirm that the credit/debit card details or other financial details provided for availing services on the Website will be correct and accurate, and that you will not use a card or financial facility not lawfully owned by you. Any financial information submitted by you is received directly by our acquiring bank and is not stored by us. We will not be liable for any credit/debit card fraud. The liability for fraudulent use of a card will rest on you. We and our associated acquiring bank or financial institutions reserve the right to recover costs and initiate legal proceedings against persons using the Website fraudulently.

Communication

When you visit the Website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically via email or notices posted on the Website. You agree that all such communications satisfy any legal requirement that they be in writing. When you submit your phone number, you consent to receive calls on that number for communication related to your order and other site-related matters.

Website Feedback, User Comments and User Generated Content

All reviews, comments, feedback, suggestions, ideas, and other submissions disclosed to us on or through this Website (collectively, ‘Comments’) shall be and remain our property. Such submission shall constitute an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. We will be entitled to use, reproduce, modify, publish, and distribute any Comments for any purpose without restriction or compensation. We are under no obligation to maintain Comments in confidence, pay compensation, or respond to Comments.

You agree that any Comments submitted by you will not violate this policy or any right of any third party, and will not contain libelous, unlawful, threatening, abusive, or obscene material, or any form of spam. You grant us the right to use the name submitted in connection with any Comments. You are solely responsible for the content of any Comments you make and agree to indemnify us for all claims resulting therefrom.

Copyright & Trademark

We and our suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Website. Access to this Website does not confer any license under our or any third party’s intellectual property rights. All rights, including copyright, in this Website are owned by or licensed to us.

The KLR.FIT names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Actuacion Nutricion Private Limited and licensed to Kuickfit Engineered Nutrition LLP. All other marks are the property of their respective companies. No trademark or service mark license is granted to you in connection with the materials on this Website.

All materials on this Website are intended solely for personal, non-commercial use. You may download or copy materials for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or exploit any Content, the Website or any related software. We do not offer any counterfeit goods containing a trademark or logo that is identical to or substantially indistinguishable from the trademark of another brand or company.

Objectionable Material

You understand that by using this Website, you may encounter content that may be deemed offensive, indecent, or objectionable by some. You agree to use the Website at your sole risk and that to the fullest extent permitted under applicable law, we and our affiliates shall have no liability to you for such content.

Termination

This User Agreement is effective unless and until terminated by either you or us. You may terminate this User Agreement at any time by informing us in writing by registered post that you no longer wish to use the Website, provided you discontinue any further use. We may terminate this User Agreement at any time without notice, and may deny you access to the Website. Upon termination by either party, you must promptly destroy all materials downloaded from this Website. Any termination shall not cancel your obligation to pay for products already ordered or affect any liability that may have arisen.

Limitation of Liability and Disclaimers

The Website is provided without any warranties or guarantees and in an ‘As Is’ condition. You must bear the risks associated with the use of the Website. We shall not be held liable for errors or omissions or for results obtained from the use of information on this Website, or for any technical problems you may experience.

To the fullest extent permitted under applicable law, we or our suppliers shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses. Our total liability to you for all liabilities arising out of this User Agreement is limited to the amount charged to you against the value of the products ordered.

The images contained on this Website are for general information purposes only and have been sourced from various open sources on the internet. We make no representations or warranties of any kind regarding the completeness, accuracy, reliability, or suitability of such images. Any reliance you place on such information is at your own risk. We shall not be liable for any loss or damage arising from use of the images on this Website.

Kuickfit Engineered Nutrition LLP takes no responsibility and will not be liable for the website being temporarily unavailable due to technical issues beyond our control.

Website Security

You are prohibited from violating or attempting to violate the security of the Website, including:

• Accessing data not intended for you or logging onto a server or account which you are not authorised to access;
• Attempting to probe, scan or test the vulnerability of a system or network, or to breach security or authentication measures without proper authorisation;
• Attempting to interfere with service to any other user, host or network, including via submitting a virus, overloading, flooding, spamming, or mail bombing;
• Sending unsolicited email, including promotions and/or advertising of products or services;
• Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.

We have in place appropriate technical and security measures to prevent unauthorised access to or accidental loss of your information. All transactions are processed using Secure Server Software (SSL) for 128-bit encryption through third-party gateways. KLR.FIT does not access, store or keep debit card data, credit card data or any financial information. KLR.FIT shall not be responsible for any loss or damage due to any disclosure of personal information while using third-party gateways. You are responsible for protecting against unauthorised access to your password and computer.

Entire Agreement

If any part of this User Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the User Agreement shall continue in effect. This User Agreement constitutes the entire agreement between you and us with respect to the Website and services, and supersedes all prior or contemporaneous communications and proposals.

Promotional Communication Through WhatsApp Messenger

By opting in or accepting these terms and conditions, you (the ‘User’) consent to KLR.FIT communicating with you on WhatsApp for all transactional and promotional messages and communication needs. We will responsibly store your details and utilise them to enhance your experience, providing you with the best deals and discounts.

Contact Information

If any User has any grievance, comment, question or suggestion regarding any of our Products/Services, please contact us at: [email protected]

Health Related Information

The information contained in this Website is provided for informational purposes only and is not meant to substitute for the advice provided by your doctor or other healthcare professional. You should not use the information available on or through this Website for diagnosing or treating a health problem or disease, or prescribing any medication. Information and statements regarding dietary supplements have not been evaluated by the Food Safety and Standards Authority of India (FSSAI) and are not intended to diagnose, treat, cure, or prevent any disease. You should carefully read all product packaging prior to use. Results from products will vary from person to person. No individual result should be seen as typical.