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.
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").
- USER’S OBLIGATIONS
- You own the email id used for creating an individual account or you represent your corporate when using an Enterprise account
- You are not already restricted by NICEFIT from using the Services
- You will not share an account with anyone else
- You shall choose a strong and secure password
- You shall keep your password secure and confidential
- You shall not transfer any part of your account
- You shall follow the law of the land and the Dos and Don'ts as mentioned below
- You shall be responsible for anything that happens through your account till the time you close the account
- You agree to report any misuse of or through your account as soon you come to know of it
- 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.
- You are authorizing us to use our websites, mobile apps and email to intimate you with important notices and information
- You agree to keep your contact information up to date.
- 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.
- 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.
- 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.
- 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.
- 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.
- USER’S RIGHTS AND LIMITS
- 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:
- 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.
- Other Members may access and share your content and information, consistent with your settings.
- 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.
- 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.
- 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).
- 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.
- NICEFIT is not obligated to store or keep showing any information and content you've posted.
- 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.
- Our rights to use and disclose your feedback;
- Members' rights to further re-share content and information you shared through the Service to the extent copied or re-shared prior to termination;
- Disclaimer and Limit of Liability, Dispute Resolution, and General Terms sections of this Agreement;
- Any amounts owed by either party prior to termination remain owed after termination.
- “DOs” and “DON’Ts.”
You agree, undertake and confirm that Your use of Portal shall be strictly governed by the following binding principles:
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.
Your Content and Information -
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 firstname.lastname@example.org to deactivate your account from the portal. On termination, you lose the right to access or use the Services. The following shall survive termination:
D.1. Dos. You agree that you will:
- Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
- Provide accurate information to us and keep it updated;
- Use your real name on your profile;
- Use the Services in an appropriate manner.
D.2. Don'ts. You agree and undertake that you will not:
- Act dishonestly or unprofessionally, including but not limited to posting inappropriate, inaccurate, or objectionable content;
- Create a false identity on NICEFIT;
- Misrepresent your current or previous positions and qualifications;
- Misrepresent your affiliations with a person or entity, past or present;
- Misrepresent your identity, including but not limited to the use of a pseudonym;
- Create a Member profile for anyone other than yourself (a real person);
- Use or attempt to use another User’s account;
- Harass, abuse or harm another person;
- Send spam or other unwelcomed communications to others;
- Scrape or copy profiles and information of others through any means (including crawlers, browser plugins and add-ons, and any other technology or manual work);
- Act in an unlawful, libellous, abusive, obscene, discriminatory or otherwise objectionable manner;
- Disclose information that you do not have the right to disclose (such as confidential information of others (including your employer));
- Violate intellectual property rights of others, including patents, trademarks, trade secrets, copyrights or other proprietary rights;
- Violate the intellectual property or other rights of NICEFIT, including, without limitation, using the word “NICEFIT” or our logos in any business name, email, or URL;
- Post any unsolicited or unauthorized advertising, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation unauthorized by NICEFIT;
- Post anything that contains software viruses, worms, or any other harmful code;
- Manipulate identifiers in order to disguise the origin of any message or post transmitted through the Services;
- Create profiles or provide content that promotes escort services or prostitution.
- Creating or operate a pyramid scheme, fraud or other similar practice;
- Copy or use the information, content or data of others available on the Services (except as expressly authorized);
- Copy or use the information, content or data on NICEFIT in connection with a competitive service (as determined by NICEFIT);
- Copy, modify or create derivative works of NICEFIT, the Services or any related technology (except as expressly authorized by NICEFIT);
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology, or any part thereof;
- Imply or state that you are affiliated with or endorsed by NICEFIT without our prior written consent;
- Rent, lease, loan, trade, sell/re-sell access to the Services or related any information or data;
- Sell, sponsor, or otherwise monetize any other feature of the Services, without NICEFIT's prior written consent;
- Remove any copyright, trademark or other proprietary rights notices contained in or on our Service;
- Remove, cover or obscure any advertisement included on the Services;
- Collect, use, copy, or transfer any information obtained from NICEFIT without the prior written consent of NICEFIT;
- Share or disclose information of others without their express consent;
- Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” the Services or any related data or information;
- Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;
- Monitor the Services' availability, performance or functionality for any competitive purpose;
- Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
- Access the Services except through the interfaces expressly provided by NICEFIT, such as its mobile applications and nicefit.in;
- Override any security feature of the Services;
- Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms);
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.
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:
- This Portal will be constantly available, or available at all; or
- The information on this Portal is complete, true, accurate or non-misleading.
- The reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of the service or any content
- The service will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data,
- The service will meet User requirements or expectations
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.