Terms of Use


The domain name www.fitastik.com ("Website") and the names “Fitastik” are owned by One Eighty Aamoksh Technologies Pvt. Ltd., a company incorporated under the Companies Act, 1956. Except as stated herein, One Eighty Aamoksh Technologies Pvt. Ltd. is the sole owner of all the information and content provided on the Website.

Your use of the Website and our services are governed by the following terms and conditions ("Terms of Use") as applicable to the Website including the applicable policies which are incorporated herein by way of reference. By accessing the Website, you are accepting these terms and conditions including the Privacy Notice. The Terms of Use constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures

When you use any of the services provided by the Website, 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 a part of this Terms of Use.

License and site access

One Eighty Aamoksh Technologies Pvt. Ltd. grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website and not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of One Eighty Aamoksh Technologies Pvt. Ltd. This license does not include any resale or commercial use of this Website or its contents; any derivative use of this site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of One Eighty Aamoksh Technologies Pvt. Ltd.

Privacy

Please review our Privacy Notice, which also governs your visit to this Website, to understand our privacy practices.

Membership Eligibility

Use of the Website 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 Website. If you are a minor, i.e. under the age of 18 years you shall such use the Website and our services under the supervision of your legal guardian or parents. One Eighty Aamoksh Technologies Pvt. Ltd. reserves the right to terminate your registration and / or refuse to provide you with access to the Website if it is brought to One Eighty Aamoksh Technologies Pvt. Ltd.'s notice or if it is discovered that you are under the age of 18 years.

Your Account and Registration Obligations

If you use the Website, you shall be responsible for maintaining the confidentiality of your username and password and you shall be responsible for all activities that occur under your Display Name and Password. You agree that if you provide any information that is untrue, inaccurate, not current or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Terms of Use, we shall have the right to indefinitely suspend or terminate your registration on the Website and refuse to provide you with access to the Website.

Communications

When you use the Website or send emails or other data, information or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from us as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.

Information on the Website

One Eighty Aamoksh Technologies Pvt. Ltd.shall make best efforts to update or correct the information available on the Website and to keep the content updated. One Eighty Aamoksh Technologies Pvt. Ltd. expressly disclaims any responsibility with respect to the completeness, accuracy and fitness of the responses or advice given by way of the Website (whether by email or otherwise). No warranty or representation of any kind, express or implied, is given by or on behalf of One Eighty Aamoksh Technologies Pvt. Ltd. that the responses to the queries shall be appropriate, secure, reliable and free from error. The information and materials available or made available on this Website are provided on an "as is" basis. One Eighty Aamoksh Technologies Pvt. Ltd. will make best endeavours to provide satisfactory, accurate and useful information as a response to any query. One Eighty Aamoksh Technologies Pvt. Ltd. provide health and medical related services such as access to an electronic medical record system, following up with you for doctor’s appointments, keeping record of your medical conditions, keeping record of your allergies, sharing your health profiles with the doctors, hospitals, and other care givers which you may authorise time to time – which may involve phone and e-mail communication, setting appointments and follow ups, responding to queries regarding medication, etc. The content on the Website and the advice of One Eighty Aamoksh Technologies Pvt. Ltd. panelists given online is not intended to be, nor is it a substitute for professional medical advice/ attention, diagnosis or treatment. In the event you find an error or omission at the Website you may inform the Website of the same. The information and response to any query posted/ mailed is solely on the basis of the information provided by you and is meant for general information only.

The Website and the services provided through the Website are not intended to replace a doctor's judgment, attention and treatment that requires due clinical examination of symptoms, reports etc. by a qualified healthcare provider. The user shall provide full and complete information pertaining to the ailment (including but not limited to the user's medical history. One Eighty Aamoksh Technologies Pvt. Ltd. shall be entitled to presume that the said information provided by you is true and correct.

One Eighty Aamoksh Technologies Pvt. Ltd. does not (expressly or impliedly) guarantee the accuracy, integrity or quality of any information, response, advice or medicines prescribed/ sold to you. One Eighty Aamoksh Technologies Pvt. Ltd. shall not be bound in any manner by any information contained on the Website.

The Website may provide links to third party websites. References to any website, entity, product, service, opinion or source of information shall not be construed to be an endorsement, either direct or implied. One Eighty Aamoksh Technologies Pvt. Ltd. shall not be responsible for information available on third party websites and any access to linked third party websites shall be at your own risk.

Use of the Website

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

  1. You agree, undertake and confirm that your use of Website shall be strictly governed by the following binding principles:

    (a) belongs to another person and to which you do not have any right;

    (b) 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; or unlawfully threatening or unlawfully harassing;

    (c) is misleading in any way;

    (d) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;

    (e) harasses or advocates harassment of another person;

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

    (g) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;

    (h) 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;

    (i) promotes an illegal or unauthorized copy of another person's copyrighted work;

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

    (k) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;

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

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

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

    (o) engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" products related to the Website.

    (p) solicits gambling or engages in any gambling activity which we, in our sole discretion, believe is or could be construed as being illegal;

    (q) interferes with another user's use and enjoyment of the Website or any other individual's use and enjoyment of similar services;

    (r) refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.

    (s) harm minors in any way;

    (t) 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;

    (u) violates any law for the time being in force;

    (v) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

    (w) impersonate another person;

    (x) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;

    (y) 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 cognizable offence or prevents investigation of any offence or is insulting any other nation.

    (z) is false, inaccurate or misleading;

    (aa) is, a direct or indirect, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;

    (ab) creates liability for us or causes us to lose (in whole or in part) the services of our internet service provider or other suppliers;

  2. You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by any illegitimate means for any purpose.

  3. You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website.

  4. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us, or otherwise engage in any conduct or action that might tarnish the image or reputation, of One Eighty Aamoksh Technologies Pvt. Ltd. or otherwise tarnish or dilute any One Eighty Aamoksh Technologies Pvt. Ltd. trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us.

  5. . You may not use the Website or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of One Eighty Aamoksh Technologies Pvt. Ltd. and/ or others.

  6. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and the rules and regulations thereunder, as applicable and as amended from time to time and also all applicable domestic laws, rules and regulations and international laws, regarding your use of our service.

  7. By accessing the Website, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights you have in your Information, in any media now known or not currently known, with respect to your Information. We will only use your information in accordance with the Terms of Use and Privacy Notice applicable to the use of the Website.

  8. You agree that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request.

  9. We reserve the right, but have no obligation, to monitor the materials posted on the Website. One Eighty Aamoksh Technologies Pvt. Ltd. shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, you remain solely responsible for the content of the materials you post on the website and in your private messages. 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.

Content Posted on the Website

Except as expressly provided in these Terms of Use, no part of the Website and no content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without One Eighty Aamoksh Technologies Pvt. Ltd. express prior written consent.

You shall be responsible for any notes, messages, emails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Website. Such content will become our property and you grant us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with our Privacy Notice as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, consistent with our Privacy Notice, and you are not entitled to any payment or other compensation for such use.

Payment Terms

You agree that in case paid services are being accessed by you on the Website, such services shall commence on payment of the applicable fees. One Eighty Aamoksh Technologies Pvt. Ltd.shall be entitled to terminate the services furnished to the user in case of non-payment or delay or payment.

Interactive Areas

One Eighty Aamoksh Technologies Pvt. Ltd. provides certain services such as bulletin boards, discussion forum and other interactive areas on the Website. Any information you reveal in the interactive area is not subject to the Privacy Notice available on the Website and can be seen by third parties. Therefore, it is important for you to be careful with respect to the information that you disclose in these interactive areas.

Further, One Eighty Aamoksh Technologies Pvt. Ltd. cannot and does not control the actions and comments of other users of the Website's services or monitor the accuracy of information posted by users. If communications on the interactive forum is not in accordance with these Terms of Service or the Privacy Notice, One Eighty Aamoksh Technologies Pvt. Ltd. shall be entitled to investigate the allegation and remove or request the removal of the communication, at its sole discretion.

One Eighty Aamoksh Technologies Pvt. Ltd. reserves the right (but not the obligation) to edit or delete any communication posted on the Website. One Eighty Aamoksh Technologies Pvt. Ltd. does not assume responsibility for any actions or omissions of third parties, including other users of the Website, and the manner in which they might use information received from One Eighty Aamoksh Technologies Pvt. Ltd.

Intellectual Property Rights

One Eighty Aamoksh Technologies Pvt. Ltd. is sole owner of the trade marks, names, logos and service marks, copyrights and all other intellectual property rights used on the Website. Nothing contained on the Website should be construed as granting any licence or right to use any trade mark without the prior written permission of One Eighty Aamoksh Technologies Pvt. Ltd. Any other material displayed on the Website that is capable of being protected as intellectual property shall be the property of One Eighty Aamoksh Technologies Pvt. Ltd. and nothing contained on the Website shall be construed as granting any license or right to use any such material without the prior written permission of One Eighty Aamoksh Technologies Pvt. Ltd.

Indemnity

You shall indemnify and hold harmless One Eighty Aamoksh Technologies Pvt. Ltd. its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees against any claim, demand, or damage, including reasonable attorneys' fees, made by a third party due to or arising out of your use of or conduct on the Website, your use of our services, in any manner whatsoever, or your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

Sharing of your information

By accessing this Website, you agree that One Eighty Aamoksh Technologies Pvt. Ltd. shall be entitled to share your information with its affiliates and associate companies, directors, officers, employees or cyber doctors, if and when required. The user does not and shall not have any objection with One Eighty Aamoksh Technologies Pvt. Ltd. sharing such information. All information posted/ furnished by users on this Website shall solely belong to One Eighty Aamoksh Technologies Pvt. Ltd.. For further information with respect to the gathering, use and sharing of users' information please refer to the Privacy Notice available on this Website.

Entirety

These Terms of Use and the Privacy Notice constitute the entire understanding and agreement between you and One Eighty Aamoksh Technologies Pvt. Ltd. There are no understandings, representations or warranties (whether written or oral) except as expressly set forth or referred to herein.

Waiver

No delay, forbearance or indulgence in exercising or omission to exercise any right, power or remedy accruing to One Eighty Aamoksh Technologies Pvt. Ltd. upon any default by the user shall impair any such right, power or remedy or shall be construed to be a waiver thereof or any acquiescence to such default, nor shall the action or inaction by One Eighty Aamoksh Technologies Pvt. Ltd. in respect of any acquiescence by them in any default, affect or impair any right, power or remedy of One Eighty Aamoksh Technologies Pvt. Ltd. in respect of any other default.

Assignment

One Eighty Aamoksh Technologies Pvt. Ltd. shall be entitled to assign all its rights and obligations arising out of or in relation to the Terms of Use and the Privacy Notice to any third party, as it may in its sole discretion decide.

Severability

If any provision(s) of the Terms of Use and/ or the Privacy Notice shall be void, invalid, illegal or unenforceable in any respect under any applicable law or decision, the validity, legality and enforceability of the remaining provisions herein contained shall not be affected or impaired in anyway.

Arbitration

If any dispute, difference, claim or question shall at any time arise between One Eighty Aamoksh Technologies Pvt. Ltd. and you, in relation to the use of the Website (in any manner whatsoever) such dispute, difference, claim or question shall be referred to arbitration. One Eighty Aamoksh Technologies Pvt. Ltd. and you shall mutually appoint a sole arbitrator. Such arbitration shall be held in accordance with the provisions of the Arbitration and Conciliation Act, 1996 or any statutory modification or re-enactment thereof. The venue of arbitration shall be courts in New Delhi and the proceedings shall be in the English language.

Governing Law

The Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. Courts in Gurgaon shall have exclusive jurisdiction.

Contact Us

Please send any queries or comments regarding the Terms of Use to webmaster@fitastik.com

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