Terms of services 

 

This page contains Terms of Use and refund policy details of CareToFit.com website.

 

These terms and conditions of use (“Terms of Use”) of the Website (as defined below) between CareToFit.com (hereinafter referred to as “Care to Fit”) and the users of the Website & Purchased services (“You” or “Your” or “Yourself” or “User”) describe the terms on which Care to Fit offers You access to the Website and the Services (as defined below) through the Website.

 

PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING OUR WEBSITE OR USING ANY PRODUCTS, INFORMATION OR SERVICES THROUGH THE WEBSITE. YOUR USE OF THE WEBSITE OR THE SERVICES PROVIDED BY THE WEBSITE SHALL SIGNIFY YOUR ACCEPTANCE OF THE TERMS OF USE AND YOUR AGREEMENT TO BE LEGALLY BOUND BY THE SAME.

YOUR USE OF THE WEBSITE IMPLIES THAT YOU AGREE WITH THE TERMS OF USE.

1.1 www.CareToFit.com (“Website”) is an Internet based Hindi language healthcare website. Use of the Website is offered to You conditioned on acceptance of all the terms, conditions and notices contained in these Terms, along with any amendments made by Care to Fit at its sole discretion and posted on the Website, including by way of imposing an additional charge for access to or use of a Service.

1.2 Care to Fit shall not be required to notify You, whether as a registered user or not, of any changes made to the Terms of Use. The revised Terms of Use shall be made available on the Website. Your use of the Website and the Services is subject to the most current version of the Terms of Use made available on the Website at the time of such use. You are requested to regularly visit the home page www.CareToFit.com to view the most current Terms of Use. It shall be Your responsibility to check these Terms of Use periodically for changes. Care to Fit may require You to provide Your consent to the updated Terms of Use in a specified manner before prior to any further use of the Website and the Services is provided on the Website. If no such separate consent is sought, Your continued use of the Website, following changes to the Terms of Use, will constitute Your acceptance of those changes.

1.3 By (i) using this Website or any facility or Service provided by this Website in any way; or (ii) merely browsing the Website, You agree that You have read, understood and agreed to be bound by these Terms of Use and the Website’s Privacy Policy available at the homepage, www.CareToFit.com.

 

2.Eligibility to Use

2.1 The Services are not available to minors under the age of eighteen (18) or to any Users suspended or removed from the Care to Fit system by Care to Fit for any reason whatsoever. If You do not conform to the above qualification, You shall not be permitted to avail of the Services or use the Website. You represent that You are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India. Notwithstanding the foregoing, if You are below the age of eighteen (18) years, You may avail the Services provided by Care to Fit through Your legal guardian in accordance with the applicable laws.

2.2 Care to Fit reserves the right to refuse access to use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.

2.3 You shall not have more than one active Account on the Website. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another party.

2.4 If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Care to Fit has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Care to Fit has the right to suspend or terminate Your Services and refuse any and all current or future use of the Website & Services (or any portion thereof).

 

3.Pricing related

3.1 Care to Fit strives to provide You with the best prices possible on products and services You buy or avail of from the Website.

3.2 You agree to provide correct and accurate credit/ debit card /Mobile payments (PhonePe, Google pay etc) details to the approved payment gateway for availing Services on the Website. You shall not use the credit/ debit card /Mobile payments (PhonePe, Google pay etc) which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit/ debit card. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of Your credit/ debit card details. Care to Fit expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/ debit card.

3.3 Care to Fit shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of you/cardholder having exceeded the preset limit mutually agreed by Care to Fit with our acquiring bank from time to time.

 

4.User Obligations

4.1 Subject to compliance with the Terms of Use, Care to Fit grants You a non-exclusive, limited privilege to access and use this Website and the Services provided therein. The information presented on or through the Content and Services is made available solely for general information purposes. We may update the Content from time to time, but the Content is not necessarily complete or up to date. Any of the material on the Services may be out of date at any given time, and We are under no obligation to update such material.

4.2 You agree to use the Services, Website and the materials provided therein only for purposes that are permitted by: (a) the Terms of Use; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

4.3 You agree to adhere to all limitations on dissemination, use and reproduction of any products that You access on the Website.

4.4 You agree not to access (or attempt to access) the Website and the products or Services by any means other than through the interface that is provided by Care to Fit. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.

4.5 You agree that Care to Fit may, at any time, modify or discontinue all or part of the Website, charge, modify or waive fees required to use the Website, or offer opportunities to some or all Website Users.

 

5.Use of Materials

5.1 Except as expressly indicated to the contrary in any applicable Additional Terms, Care to Fit hereby grants You a non-exclusive, freely revocable (upon notice from Care to Fit), non-transferable access to view, download and print product catalogues or any other materials available on the Website, subject to the following conditions:

You may access and use the materials solely for personal, informational, and internal purposes, in accordance with the Terms of Use;

You may not modify or alter product catalogues or any other materials available on the Website;

You may not distribute or sell, rent, lease, license or otherwise make the product catalogues or any other materials available on the Website available to others; and

You may not remove any text, copyright or other proprietary notices contained in the product catalogues or any other materials available on the Website. You agree to use the Content and Services only for lawful purposes and only for your own personal, non-commercial use. 

5.2 The rights granted to You in the product catalogues or any other materials as specified above are not applicable to the design, layout or look and feel of the Website. Such elements of the Website are protected by intellectual property rights and may not be copied or imitated in whole or in part. The product catalogues or any other materials available on the Website may be copied or retransmitted unless expressly permitted by Care to Fit.

 

  1. Usage Conduct

6.1 You shall solely be responsible for maintaining the necessary computer equipments and Internet connections that may be required to access, use and transact on the Website.

6.2 You are also under an obligation to use this Website for reasonable and lawful purposes only, and shall not indulge in any activity that is not envisaged through the Website.

6.3 You shall use this Website, and any products purchased through it, for personal, non-commercial use only and shall not re-sell the same to any other person.

6.4 Care to Fit shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of you/cardholder having exceeded the preset limit mutually agreed by Care to Fit with our acquiring bank from time to time

 

  1. Intellectual Property Rights

7.1 The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the “Content”) on the Website is owned and controlled by Care to Fit and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.

7.2 The trademarks, logos and service marks displayed on the Website (“Marks”) are the property of Care to Fit or respective third parties. You are not permitted to use the Marks without the prior consent of Care to Fit or the third party that may own the Marks.

7.3 Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Care to Fit owns all intellectual property rights to and into the trademark “Care to Fit”, and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.

7.4 Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from Care to Fit or thirty party owner of such Content.

 

  1. Disclaimer Of Warranties & Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

8.1 Care to Fit IS NOT LIABLE FOR PERSONAL INJURY, INCLUDING DEATH, OR INRAINGEMENT CAUSED BY YOUR USE OR MISUSE OF THE SERVICES, CONTENT OR COMMENTS.

8.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Care to Fit WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. Care to Fit ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.

8.3 Care to Fit WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE WEBSITE OR ANY SERVICES OR MATERIALS, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. Care to Fit HAS ENDEAVORED TO ENSURE THAT ALL THE INFORMATION ON THE WEBSITE IS CORRECT, BUT Care to Fit NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA, INFORMATION, PRODUCT OR SERVICE. Care to Fit SHALL NOT BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED FUNCTIONALITIES, THE PROVISION OF OR FAILURE TO PROVIDE FUNCTIONALITIES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, FUNCTIONALITIES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FURTHER, Care to Fit SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC MAINTE NANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND Care to Fit’S CONTROL. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. Care to Fit IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. Care to Fit ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.

8.4 Care to Fit SHALL NOT BE LIABLE FOR ANY THIRD PARTY PRODUCT OR SERVICES. THE ADVERTISEMENT AVAILABLE ON WEBSITE WITH RESPECT TO THE THIRD PARTY WEBSITE OR THE PRODUCTS AND SERVICES ARE FOR INFORMATION PURPOSE ONLY.

8.5 We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.

8.6 The Company shall not be responsible or liable for publication or hosting or storing or transmission of any information by users or other persons.

 

  1. Violation of the Terms of Use

9.1 You agree that Care to Fit may, in its sole discretion and without prior notice, terminate Your access to the Website and block Your future access to the Website if Care to Fit determines that You have violated these Terms of Use or Additional Terms. You also agree that any violation by You of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Care to Fit, for which monetary damages would be inadequate, and You consent to Care to Fit obtaining any injunctive or equitable relief that Care to Fit deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Care to Fit may have at law or in equity.

9.2 You agree that Care to Fit may, in its sole discretion, and without prior notice, terminate Your access to the Website, for cause, which includes (but is not limited to): (1) requests by law enforcement or other government agencies; (2) a request by You (self-initiated account deletions); (3) discontinuance or material modification of the Website or any service offered on or through the Website; or (4) unexpected technical issues or problems.

9.3 If Care to Fit does take any legal action against You as a result of Your violation of these Terms of Use, Care to Fit will be entitled to recover from You, and You agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Care to Fit.

 

  1. Termination

10.1 The Terms of Use will continue to apply until terminated by either You or Care to Fit as set forth below. If You want to terminate Your agreement with Care to Fit, You may do so by (i) not accessing the Website; or (ii) closing Your accounts for all of the Services that You use, where Care to Fit has made this option available to You.

10.2 Care to Fit may, at any time, with or without notice, terminate the Terms of Use (or portion thereof, such as any individual Additional Terms) with You if:

You breach any of the provisions of the Terms of Use, the Privacy Policy or any other terms, conditions, or policies that may be applicable to You from time to time (or have acted in a manner that clearly shows that You do not intend to, or are unable to, comply with the same);

Care to Fit is required to do so by law (for example, where the provision of the Services to You is, or becomes, unlawful);

The provision of the Services to You by Care to Fit is, in Care to Fit’s opinion, no longer commercially viable;

Care to Fit has elected to discontinue, with or without reason, access to the Website, the Services (or any part thereof); or

10.3 Care to Fit may also terminate or suspend all or a portion of Your account or access to the Services with or without reason. Except as may be set forth in any Additional Terms applicable to a particular Service, termination of Your Account may include: (i) removal of access to all offerings within the Website or with respect to the Services; (ii) deletion of Your materials and Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with or inside Your Account (or any part thereof); and (iii) barring of further use of the Services.

10.4 You agree that all terminations shall be made in Care to Fit’s sole discretion and that Care to Fit shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your Account Information), or Your access to the Website and Services.

10.5 Notwithstanding the foregoing, these Terms of Use will survive indefinitely unless and until Care to Fit chooses to terminate them.

10.6 If You or Care to Fit terminates Your use of the Website or services, Care to Fit may delete any content or other materials relating to Your use of the Website and Care to Fit will have no liability to You or any third party for doing so.

 

  1. Governing Law

11.1 These Terms of Use and all transactions entered into on or through the Website and the relationship between You and Care to Fit shall be governed in accordance with the laws of India without reference to conflict of laws principles.

11.2 You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Website, the Terms of Use or any transactions entered into on or through the Website or the relationship between You and Care to Fit shall be subject to the exclusive jurisdiction of the courts at Kolhapur Maharashtra, India and You hereby accede to and accept the jurisdiction of such courts.

 

  1. Report Abuse

In the event You come across any abuse or violation of these Terms of Use or if You become aware of any objectionable content on the Website, please report to Care to Fit customer support

 

  1. Privacy Policy

The User hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy of Care to Fit in respect of the Website. You further consent that the terms and contents of such Privacy Policy are acceptable to You.

 

  1. Communications

14.1 You hereby expressly agree to receive communications by way of SMS, e-mails, Phone and WhatsApp from Care to Fit relating to Services provided through the Website.

 

  1. General Provisions

15.1 Notice: All notices of Care to Fit will be served by email or by general notification on the Website. Any notice provided to Care to Fit pursuant to the Terms of Use should be sent to Care to Fit customer support

15.2 Assignment: You cannot assign or otherwise transfer the Terms of Use, or any rights granted hereunder to any third party. Care to Fit’s rights under the Terms of Use are freely transferable by Care to Fit to any third parties without the requirement of seeking Your consent.

15.3 Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Term of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect.

15.4 Waiver: Any failure by Care to Fit to enforce or exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver by Care to Fit of that provision or right.

 

  1. Feedback and Information

Any feedback You provide to this Website shall be deemed to be non-confidential. Care to Fit shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) Care to Fit is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) Care to Fit may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from Care to Fit for the feedback under any circumstances.

 

  1. Contact us

Any complaints, abuse or concerns with regards to content and or comment or breach of these terms shall be immediately informed to the designated Grievance Officer as mentioned below via in writing or through email signed with the electronic signature to [email protected]

 

Office address

Dr. Satish Upalkar

CareToFit.com Office 

Address – 907, Ravalnath colony Ajara Taluka-Ajara District-Kolhapur Maharashtra 416505 India