Terms of Use

Last Updated: 2nd Sept 2017


This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.


This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.nicefit.in Portal.


The domain name www.nicefit.in(hereinafter referred to as "Portal") is owned by NICEFIT Innovations Private Limited, a company incorporated under the Companies Act, 1956 with its registered office at #305, BabukhanMillenium Center, Somajiguda. Hyderabad -500082, India (hereinafter referred to as "NICEFIT").

Your use of the Portal, services and tools are governed by the following terms and conditions ("Terms of Use") as applicable to the Portal including the applicable policies which are incorporated herein by way of reference. If You transact on the Portal, you shall be subject to the policies that are applicable to the Portal for such transaction. By mere use of the Portal, You shall be contracting with NICEFIT INNOVATIONS PRIVATE LIMITED and these terms and conditions including the policies constitute your binding obligations, with NICEFIT. You agree that by clicking “Sign Up” or similar, registering, accessing or using our services (including our related mobile sites, premium services, or any content or information provided as part of these services, collectively, “Services”), you are entering into a legally binding agreement. . If you do not agree to this Agreement, do NOT click “Sign Up” (or similar) and do not access or otherwise use any of our Services.

We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Portal following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Portal.

ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by NICEFIT Policies (including but not limited to Privacy Policy available at Privacy Policy , which covers how we collect, use, share, and store your personal information provided by you) as amended from time to time.



TERMS OF USE


  1. USER’S OBLIGATIONS

  2. You agree, undertake and confirm that Your use of Portal shall be strictly governed by the following binding principles:

    1. You own the email id used for creating an individual account or you represent your corporate when using an Enterprise account
    2. You are not already restricted by NICEFIT from using the Services
    3. You will not share an account with anyone else
    4. You shall choose a strong and secure password
    5. You shall keep your password secure and confidential
    6. You shall not transfer any part of your account
    7. You shall follow the law of the land and the Dos and Don'ts as mentioned below
    8. You shall be responsible for anything that happens through your account till the time you close the account
    9. You agree to report any misuse of or through your account as soon you come to know of it
    10. Premium Account Users or any other categories of users who request for information through NICEFIT Portal from other members must ensure that this information will not be used for any purposes other than what it is collected for. The Premium Account and other such users will be fully responsible for ensuring that information collected is used for appropriate and lawful purposes.
    11. You are authorizing us to use our websites, mobile apps and email to intimate you with important notices and information
    12. You agree to keep your contact information up to date.
    13. You agree that you provide information and content that you have the right to share. You agree to only provide information and content that is appropriate for NICEFIT Portal and is lawful and harmless. We are not obligated to publish any information or content on NICEFIT Portal and can remove it at our sole discretion, with or without notice.
    14. You agree that your profile on NICEFIT Portal will be truthful and up to date. NICEFIT may remove unlawful or inappropriate information as requested by law or at its own discretion.
    15. You agree to fulfil your payment obligations towards NICEFIT in a timely manner. We do not entertain Return, Refund and Cancellation of payment in any Circumstances. In case of double or failed transactions and payment has been debited, refund will be processed through same mode within 10 working days.
    16. You agree that NICEFIT can use and share the suggestions and feedback submitted by you for any purpose at our discretion and without compensation to you.
    17. You agree that we are not responsible for third parties' (including other Members') content or information or for any damages as result of your use of or reliance on it.
    18. By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. NICEFIT generally does not review content provided by our Members.


  3. USER’S RIGHTS AND LIMITS

  4. Your Content and Information -

    1. As between you and NICEFIT, you own the content and information that you submit or post to the NICEFIT Portal and you are only granting NICEFIT the following non-exclusive license: A worldwide, transferable and sub licensable right to use, copy, modify, distribute, publish, and process, information and content that you provide through our Services, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:
      1. You can end this license for specific content by deleting such content from the Services, or generally by closing your account, except (a) to the extent you shared it with others as part of the Service and they copied or stored it and (b) for the reasonable time it takes to remove from backup and other systems.
      2. Other Members may access and share your content and information, consistent with your settings.
      3. While we may edit and make formatting changes to your content (such as translating it, modifying the size, layout or file type or removing metadata), we will not intentionally modify the meaning of your expression.
    2. Because you own your content and information and we only have non-exclusive rights to it, you can make it available to others, including under the terms of a Creative Commons license.
    3. You agree that we may access, store and use any information that you provide in accordance with the terms of the Privacy Policy and your privacy settings.
    4. You agree to only provide content or information if that does not violate the law or anyone's rights (i.e.without violating any intellectual property rights or breaching a contract).
    5. Our Services allow messaging and sharing of information in many ways. Information and content that you share or post may be seen, copied or used by other members.
    6. NICEFIT is not obligated to store or keep showing any information and content you've posted.
    7. NICEFIT may change, suspend or discontinue any Service, or change and modify prices prospectively in its discretion. To the extent allowed under law, these changes may be effective upon notice provided to you.
    8. NICEFIT is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Policy.

  5. TERMINATION

  6. NICEFIT at its sole discretion can terminate your account by sending a notice to your registered email id. You may also terminate this agreement by requesting through an email to support@nicefit.in to deactivate your account from the portal. On termination, you lose the right to access or use the Services. The following shall survive termination:

    1. Our rights to use and disclose your feedback;
    2. Members' rights to further re-share content and information you shared through the Service to the extent copied or re-shared prior to termination;
    3. Disclaimer and Limit of Liability, Dispute Resolution, and General Terms sections of this Agreement;
    4. Any amounts owed by either party prior to termination remain owed after termination.

  7. “DOs” and “DON’Ts.”

  8. D.1. Dos. You agree that you will:


    D.2. Don'ts. You agree and undertake that you will not:


  9. INTELLECTUAL PROPERTY OWNERSHIP

  10. NICEFIT reserves the right to limit your use of the Services. NICEFIT reserves the right to restrict, suspend, or terminate your account if NICEFIT believes that you may be in breach of this Agreement or law or are misusing the Services (e.g. violating any Do’s and Don'ts). NICEFIT reserves all of its intellectual property rights in the Services. For example, NICEFIT, logos and other NICEFIT trademarks, service marks, graphics, and logos used in connection with NICEFIT are trademarks or registered trademarks of NICEFIT. Other trademarks and logos used in connection with the Services may be the trademarks of their respective owners.

  11. DISCLAIMER -

  12. This Portal, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this site are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, NICEFIT does not warrant that:


    All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law by NICEFIT.

    In no event shall NICEFIT, its affiliates or content providers be liable for any direct, indirect, special, incidental, punitive or consequential damages arising out of or related to the use, inability to use, authorized use, performance or non performance of this site, even if NICEFIT was previously advised of the possibility of such damages and regardless of whether such damages arise in contract, tort, under statute, in equity, at law or otherwise.

    NICEFIT will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Portal. NICEFIT does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Portal; their servers; or electronic communication sent from Us are free of viruses or other harmful components.

    Nothing on Portal constitutes, or is meant to constitute, advice of any kind. NICEFIT shall not be liable for any delay occasioned by an act of god or the public enemy, or; by riot, insurrection, strikes, labor disputes, or any failure or delay by any internet service provider, internet content delivery service or agency for any act, delay, or omission due to their negligence.

    NICEFIT Portal's services may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. NICEFIT shall not be responsible for any delays, delivery failures, loss of data, or other damage resulting from such problems.