Terms and Conditions

Introduction:

SPN’S health & fitness Pvt Ltd(thespns)  ‘Website’ is an online service. 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 is, for an indefinite period and you understand and agree that you are bound by such terms till the time you access this Website. 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 Spn’s. 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 the some of the content on the Website may be owned by the third parties. This site is designed, updated and maintained by Spn’s 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 try and provide accurate data and information. In the preparation of the content of this Website, in particular to ensure that prices quoted are correct at time of publishing and all products have been fairly described. All prices are displayed inclusive of VAT. Services however are listed exclusive of service tax as rules for service tax 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 as accurately as
possible the colours of our products that appear on the Website. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will accurately reflect the colour of the product on delivery. 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 to us and we reserve the right to accept or reject such balance order. No act or omission of spn prior to the 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 by email and/or phone number, as the case may be, as soon as possible to confirm receipt of your order and email/contact you again to confirm dispatch and therefore acceptance of the order.

General Terms of Use:

  • Being eligible to use and by using the website/ transacting on the Mobile App or through any other mode of communication/
    by making any purchase during the aforesaid tenure, User hereby agree to be bound by this Terms of Use;
  • User is hereby authorised to use the website for lawful purpose and for the purposes as mentioned under the policies of the spn
    and Google only, any violation to the policy will lead to strict legal action against the User in terms of the policies and applicable laws;
  • spn strives to provide best prices possible on products and services to users buying or availing from the Website. However, spn does not guarantee that the price will be the lowest in the city, region or geography. Prices and availability are subject to change without notice
    or any consequential liability on the spn.
  • spn has a network of vendors and reserves the right to pass on the orders to any of the vendor for fulfillment.
  • The prices displayed for each item under the promotion will be for the respective days of promotion only and will not be
    applicable on any date prior to or after the date of promotion;
  • All offers on Products shall be for limited stocks and are for limited period(s). spn may at its sole discretion modify, extend,
    update or withdraw the offers on products without prior notice to the Users. In such events, the revisions, as the case may be, will be updated on the website accordingly;
  • A promo code, once used shall not be refunded in case of cancellation of order either by Customer or spn.
  • We don’t run the promotions that prompt users to initiate a purchase, download, or other commitment without first providing
    all relevant information and without obtaining the user’s explicit consent promotions that represent our services in a way that is not accurate,
    realistic, and truthful;
  • All products sold on thespns.com through our sellers are genuine. All sellers listing their products on thespns.com are
    required to enter an agreement to list and sell only genuine products. And sellers determine the prices of the products they sell. We guarantee the condition of the item you buy when you purchase from sellers on thespns.com. However this guarantee is not applicable for manufacturing defects.
  • In case of Cash back offers extended by banks during the aforesaid period, user will, in addition to this Terms of Use Policy,
    be governed by the Terms and Conditions of the said bank/card issuer;
  • spn  may, at any time due to various reasons, including but not limited to technical errors, unavailability of stocks or
    for any other reasons whatsoever, cancel the orders placed by Users. spn  decision of cancellation of order shall be final and
    spn shall not be liable for such cancellation(s) whatsoever;
  • Expected delivery time as mentioned on website may vary than the usual time of delivery;
  • spn strives to provide accurate products, services and pricing information, typographical and other errors may occur. In the
    event that a product or service is listed at an incorrect price or with incorrect information due to an error in pricing or product or service
    information, spn may, at its discretion, either contact User for instructions or cancel the User’s order and will notify the User about
    such cancellation;
  • spn shall have right to modify the price of a product or service any time, except third party products, without any prior
    information.
  • Cancellation by spn. There may be certain orders that spn is unable to accept and must cancel. spn reserves the right, at its sole
    discretion, to refuse or cancel any order for any reason whatsoever, without assigning any reason to the User, User accept and undertake that
    the same is acceptable and he/ she/ it will not contest/ raise any dispute on the same. The situations that may result in cancellation of User’s order includes, without limitation, nonavailability of the product or quantities ordered by User, non- availability of the service, inaccuracies or errors in pricing information, or problems identified by spn credit and fraud avoidance department;
  • spn may also require additional verifications or information before accepting any order. spn will contact the User if all
    or any portion of User’s order is cancelled or if additional information is required to accept the User’s order. If the order is cancelled after
    credit card has been charged, the said amount will be reversed back in User’s credit card account;
  • Cancellation by the User: In case of requests for order cancellations, spn, at its sole discretion, reserves the right to accept
    or reject requests for order cancellations for any reason whatsoever, without assigning any reason to the User. As part of usual business
    practice, if spn receives a cancellation notice and the order has not been processed/ approved by spn, spn shall cancel the order and refund the entire amount to User within a reasonable period of time;
  • spn will not be able to cancel orders that have already been processed, it is pertinent to note that the spn has the full right to
    decide whether an order has been processed or not. User hereby agree and undertakes that the decision taken by the spn is acceptable to User and User shall not create any dispute on the decision taken by spn oncancellation;
  • spn reserves the right to cancel any orders that classify as ‘Bulk Order’ as determined by spn as per certain criteria. spn
    Reward Point or Promo Code used for placing the ‘Bulk Order’ will not berefunded as per this cancellation policy. An order can be classified as’Bulk Order’ if it meets with the below mentioned criteria, which may not be exhaustive, viz:

     

    1. Products ordered are not for self-consumption but for
      commercial resale;
    2. Multiple orders placed for same product at the same
      address;
    3. Bulk quantity of the same product ordered;
    4. Invalid address given in order details;
    5. Any malpractice used to place the order.
  • spn Reserve the right, at its sole discretion, to change, modify, add or remove portions of this document, at any time without any prior written notice to user;
  • Limitation of Liability: Under no circumstances spn liability shall exceed giving the User a replacement of the same product/ alternate
    product of the same value;
  • These terms and conditions are subject to Indian laws and any dispute shall be subject to jurisdiction of the courts in New
    Delhi (India) only.

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 / 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 ofmaterials 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 to is grossly harmful, harassing, blasphemous, defamatory,obscene, pornographic, paedophilic, 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; harm 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 such messages or communicates any information which is grossly offensive or menacing in nature; impersonate another person; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource including the Website; threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.

You are also prohibited from:

  • violating or attempting to violate the integrity or security of the Website or its content; transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of services by us; intentionally submitting on the Website any incomplete, false or inaccurate information; making any unsolicited communications to other users of
  • the Website; using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to
  • navigate or search the Website; attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;  copying or duplicating in any manner any of the content on the Website or other information available from the Website; framing or hotlinking or deeplinking any content on the Website.

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 be applicable to orders placed by the same account, the same credit / debit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. We also reserve the right, at
our sole discretion, to prohibit sales to any one as we may deem fit.

Pricing Information:

While we strive to provide accurate product and pricing information, pricing or typographical 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 or with incorrect information due to an error in pricing or product information, we shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched. In the event that an item is mis-priced, we may, at our sole discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been dispatched, your offer will not be deemed accepted and we will have the right to modify the price of the product and contact you for further instructions using the e-mail address
or the contact number provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event we accept your order the same shall be debited to your credit / debit card account and duly notified to you by email or the contact number, as the case may be, that the payment has been processed. The payment may be processed prior to dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your
credit / debit card account. We strive to provide you with best value, however prices and availability are subject to change without notice.

Our promotional offers/discounts are not sitewide and are limited to selected categories. Coupon codes may not be applicable on categories like diapers, baby food etc. or such other product or service as may be determined by us in our sole discretion.

Indemnity:

We disclaim all warranties or conditions, whether expressed or implied, (including without limitation implied, warranties or conditions of information and context). We shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this Website. This User Agreement and any contractual obligation between us and you will be governed by the laws of India, subject to the exclusive jurisdiction of Courts in New Delhi. All disputes will be subject to arbitration in New Delhi in English by a single arbitrator appointed by us under the Arbitration and Conciliation Act, 1996. Each party to arbitration shall bear its own cost.

You agree to defend, indemnify and hold harmless spn, 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, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to spn or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising
out of your violation of any applicable laws, regulations including but not limited to intellectual property rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. 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 etc. are not eligible to use the Website. We reserve the right to terminate your membership and refuse to provide you with access to the Website at our sole discretion. The Website is not available to persons whose membership has been suspended or terminated by us for any reason whatsoever. 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 any products or services referred to in the materials on this Website are appropriate for use, or available outside India. Those who choose to access this Website from outside India are responsible for compliance with local laws if and to the extent local laws are applicable. We will deliver the products only within India and will not be liable for any claims relating to any products ordered from outside India. Some Indian states prohibit direct sale of merchandise from other states and require special documentation to effect such a sale without dual taxation, if we receives an order from such states or to be delivered to such states under such circumstances we retain the right to accept or reject the order at our sole discretion. Those who choose to access this Website from Indian states which restrict such use are responsible for compliance with local
laws if and to the extent local state laws are applicable. We will deliver the products only within states having open import policy and will not be liable for any claims relating to any products ordered from restricted states. Except where additional terms and conditions are provided which are product specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted.

Privacy:

IF YOU DO NOT AGREE, PLEASE DO NOT USE OR ACCESS THE WEBSITE.

All the information provided to us by you, including sensitive personal information, is voluntary. You have the right to withdraw your consent at any time, in accordance with the terms of this User Agreement, but please note that withdrawal of consent will not be retroactive.

You can access, modify, correct and eliminate the data about you which has been collected pursuant to your decision to become a user of the Website. If you update any information relating to you, we may keep a copy of the information which you originally provided to us in its archives.

Due to the communications standards on the Internet, when you visit the Website, we automatically receive the URL of the site from which you came and the site to which you are going when you leave. We also receive the Internet Protocol (IP) address of your computer (or the proxy server you used to access the World Wide Web), your computer operating system and type of web browser you are using, email patterns, as well as the name of your internet service provider (ISP). This information is used to analyze overall trends to help us improve our
service.

The Website uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by us and our service providers for the technical administration of the Website, research and development, and for administration. In the course of serving advertisements or optimizing services to you, we may allow authorized third parties to place or recognize a unique cookie on your browser. We do not store personally identifiable information in the cookies.

We may keep records of telephone calls received and made for making inquiries, orders or other purposes for the purpose of administration of services, research and development, quality management services and for proper administration.

We allow other companies, to serve advertisements to you. These companies include third party ad servers, ad agencies, ad technology vendors and research firms. We may “target” some ads to you that fit a certain general profile. We do NOT use personally identifiable information to target ads.

We assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect your equipment on account of you access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If you are dissatisfied with the Website, your sole remedy is to discontinue using the Website.

This privacy policy applies to websites and services that are operated and managed by us. We do not exercise control over the sites displayed as search results or links from within its services. These other sites may place their own cookies or other files on your computer, collect data or solicit personal information from you, for which we are not responsible or liable. Accordingly, we do not make any representations concerning the privacy practices or policies of such third parties or terms of use of such websites, nor do we guarantee the accuracy, integrity, or quality of the information, data, text, software, sound, photographs, graphics, videos, messages or other materials available on such websites. The inclusion or exclusion does not imply any endorsement by us of the website, the website’s provider, or the information on the website. We encourage you to read the privacy policies of that website.

The Website may enable you to communicate with other users or to post information to be accessed by others, whereupon other users may collect such data. We hereby expressly disclaim any liability for any misuse of such information that is made available by visitors in such a manner.

We value the privacy
of information pertaining to our associates. The linkage between your IP address and your personally identifiable information is not shared with
third-parties without your permission or except when required by law. Notwithstanding the above, we may share some of the aggregate findings and details with advertisers, sponsors, investors, strategic partners, and others in order to help grow our business without obtaining any approval from you. We will enable you to communicate your privacy concerns to us and that we will respond to them appropriately. We do not disclose any personal information to advertisers and for other marketing and promotional purposes that could be used to personally identify you, such as your password, credit card number and bank account number.

Refusal of service:

We reserve the right
to refuse service to anyone at any time. We reserve the right, in our sole
discretion, 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 also send you other information about us, the Site, our other websites, our products, sales promotions, our newsletters, SMS updates, anything relating to other companies in our group or our business partners. If you would prefer not to receive any of this additional information as detailed in this paragraph (or any part of it) please click the “unsubscribe” link in any email that
we send to you or register as a Do Not Disturb user. Within 7 working days (days which are neither (i) a Saturday or Sunday, nor (ii) a public holiday anywhere in India) of receipt of your instruction we will cease to send you information as requested. In case of any clarity you can contact our Customer support service”.

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