Fitneter Technology Private Limited acts solely as a technology facilitator (Marketplace)
connecting you with independent third-party sellers for the purchase of Bicycles, Fitness and
sports-related products. This page sets out the limits of our responsibility.
1. General Disclaimer
The information, software, products, and services contained in this Platform (Mobile Application and Website) branded as “FITNETER” are provided on an "as is" and “as available” basis without warranties of any kind, either express or implied.
Fitneter Technology Private Limited acts solely as a technology facilitator (Marketplace) connecting you ("Customer") with independent third-party sellers ("Vendors") for the purchase of Bicycles, Fitness and sports-related products. Fitneter assumes no responsibility for errors or omissions in the contents of the services.
In no event shall Fitneter be held responsible or liable:
- As to the accuracy, completeness, correctness, reliability, timeliness, non-infringement, title, merchantability, or fitness for any particular purpose of the contents of this Platform;
- That the contents available through this Platform or any functions associated therewith will be uninterrupted or error-free, or that defects will be corrected, or that this Platform and the server is and will be free of all viruses and/or other harmful elements.
2. Customer Specific Disclaimer
2.1 No Liability for Products
Fitneter is NOT the manufacturer or seller of the products listed on the App.
- Quality & Safety: We do not guarantee the quality, safety, durability, or legality of the Bicycles, gear, or accessories sold by Vendors.
- Manufacturing Defects: Any claim regarding manufacturing defects, warranty, or product failure must be directed to the respective Vendor or the Product Manufacturer. Fitneter expressly disclaims any liability for injuries or damages resulting from the use of products purchased via the Platform.
2.2 Third-Party Dependency (Delivery, Payments & Messaging)
The service entities (including Logistics Partners, Messaging Platforms like WhatsApp/SMS Gateways, and Payment Processors) shall not be considered as representing Fitneter, and the product(s)/service(s) provided by such Service entities shall not be construed as the product(s)/service(s) belonging to/provided by/facilitated by Fitneter in any manner whatsoever.
- Vendor-Managed Delivery: You acknowledge that delivery is fulfilled directly by the Vendor or their third-party logistics partners, not by Fitneter. We are not responsible for delivery delays, damages during transit, or the conduct of delivery personnel.
- Payment Gateways: Transactions are processed by government-authorized third-party payment gateways. We are not responsible for transaction failures caused by banking network downtimes.
2.3 User Responsibility & Digital Content
- Verification: It is Your responsibility to evaluate the accuracy, completeness, and usefulness of our Services and other information provided by us or generally available. You are solely responsible for the accuracy of the event details/orders and addresses you submit.
- Digital Content & Security: Any content downloaded or otherwise obtained through the use of our application (including digital invoices, images, or app assets) is done at your own discretion and risk. We cannot confirm that such documents or contents are error or virus-free, and you understand and acknowledge that you are solely responsible for any damage to your devices or for any loss of data that may result from the download of such contents.
- Self-Pickup: If you choose "Self-Pickup," you are responsible for inspecting the product at the Vendor's store before accepting it. Once accepted, the liability shifts to you.
3. Vendor Specific Disclaimer
3.1 General Disclaimer of Warranties
Fitneter makes no representations or warranties regarding:
- Sales Volume: We do not guarantee a minimum number of orders, leads, or sales volume by listing on our App.
- Profitability: We do not guarantee that your business will be profitable or that using our Platform will increase your revenue.
- Uptime: While we strive for 99% uptime, we do not warrant that the Platform will be uninterrupted, timely, secure, or error-free.
3.2 No Employment Relationship
Independent Contractor Status: You acknowledge that You are an independent business entity (Seller/Vendor) and NOT an employee, agent, joint venture partner, or franchisee of Fitneter. Fitneter does not control your working hours, your staffing, or your specific business operations beyond the standards set in the Vendor Agreement.
3.3 Limitation of Liability (Business Losses)
To the fullest extent permitted by law, Fitneter shall NOT be liable to You for any:
- Loss of Business/Profit: Any loss of income, revenue, contracts, or anticipated savings.
- Loss of Reputation: Any negative reviews or ratings left by Customers on the Platform.
- Data Loss: Any loss of your inventory data or transaction history due to technical failure or cyber-attacks.
3.4 Tax & Legal Compliance
- GST Responsibility: Fitneter is not responsible for Your tax obligations. You are solely responsible for calculating, collecting, and remitting GST and other applicable taxes on the sale of your products to the Government.
- Legal Compliance: You are solely responsible for ensuring your products comply with all Indian laws (e.g., BIS standards for helmets, Consumer Protection Act). Fitneter disclaims all liability for penalties arising from your non-compliance.
4. External Links
Fitneter reserves the right to disable any unauthorized links or frames and disclaims any responsibility for the content available on any other site reached by links to or from this Application or any of the contents.
5. Limitation of Liability (Global)
To the fullest extent permitted by law, Fitneter Technology Private Limited shall not be liable for:
- Any direct, indirect, punitive, incidental, special, or consequential damages arising out of or in any way connected with the use of this Platform.
- Any loss of data, income, or profit arising out of the use of the App.
- The accuracy or completeness of product descriptions, pricing, or availability information provided by Vendors.
Our total aggregate liability to you for any claim arising out of these Terms shall not exceed the Platform Fees/Commission paid by you to us for the specific transaction giving rise to the claim.
6. Acceptance of Terms
By clicking “I AGREE”, “SUBMIT”, “ACCEPT” or the like (if provided), or by simply using the App, it
indicates your acceptance that you certify you are an individual of Legal Age (18 Years) and that you
have read, reviewed, understood, and agreed to be bound by all the terms and conditions and agree to
comply with its terms.
FITNETER TECHNOLOGY PRIVATE LIMITED
Kolkata, West Bengal / Agartala, Tripura.