TERMS AND CONDITIONS
1. Use of the Website
You understand and agree that Fit India trust, the Website merely provide hosting services to
its Registered Users and persons browsing/visiting the Website. All items advertised/listed
and the contents therein are advertised and listed by Registered Users and are third party user
generated contents. Fit India trust neither originates nor initiates the transmission nor select
the sender and receiver of the transmission nor selects nor modify the information contained
in the transmission. Fit india trust has no control over the third party user generated contents.
2. 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 not register as a
member of the Website and shall not sell, purchase or bid for any items on the Website. As a
minor if you wish to purchase or sell an item on the Website such purchase or sale may be
made by your legal guardian or parents who have registered as users of the Website or can
use the Website as Guest Use
3. Your Account and Registration Obligations
If you use the Website as Registered User, you are responsible for maintaining the
confidentiality of your User ID and Password. If you use the Website as a Guest User you are
responsible for maintaining the confidentiality of your email ID and cell number and for
restricting access to your computer, computer system and computer network, and you are
responsible for all activities that occur under your User ID and Password, email id and cell
number as the case may be. Also as a Guest User, you shall ensure the physical security and
possession of your cell phone. You agree, inter alia, to: 1. Provide true, accurate, current and
complete information about yourself as prompted by the eBay.in registration form or
provided by You as Guest User (such information being the "Registration Data") 2. You must
not include any of your contact details such as email addresses etc. in your User ID while
registering as Registered User; and 3. Maintain and promptly update the Registration Data to
keep it true, accurate, current and complete. If you provide any information that is untrue,
inaccurate, not current or incomplete or Fitindiatrust has reasonable grounds to suspect that
such information is untrue, inaccurate, not current or incomplete, or not in accordance with
the User Agreement, fitindiatrust has the right to indefinitely suspend or terminate or block
access of your membership with the Website and refuse to provide you with access to the
The Website is a platform that Users utilize to meet and interact with one another for their
transactions. Fitindiatrust is not and cannot be a party to or control in any manner any
transaction between the Website's Users.
All commercial/contractual terms are offered by and agreed to between Buyers and Sellers
alone. The commercial/contractual terms include without limitation price, shipping costs,
payment methods, payment terms, date, period and mode of delivery, warranties related to
products and services and after sales services related to products and services. Fitindiatrust
does not have any control or does not determine or advise or in any way involve itself in the
offering or acceptance of such commercial/contractual terms between the Buyers and Sellers.
All discounts, offers (including exchange offers) are by the Seller/Brand and not by
Placement of order by a Buyer with Seller on the Website is an offer to buy the product(s) in
the order by the Buyer to the Seller and it shall not be construed as Seller's acceptance of
Buyer's offer to buy the product(s) ordered. The Seller retains the right to cancel any such
order placed by the Buyer, at its sole discretion and the Buyer shall be intimated of the same
by way of an email/SMS. Any transaction price paid by Buyer in case of such cancellation by
Seller, shall be refunded to the Buyer. Further, the Seller may cancel an order wherein the
quantities exceed the typical individual consumption. This applies both to the number of
products ordered within a single order and the placing of several orders for the same product
where the individual orders comprise a quantity that exceeds the typical individual
consumption. What comprises a typical individual's consumption quantity limit shall be
based on various factors and at the sole discretion of the Seller and may vary from individual
Fitindiatrust does not make any representation or Warranty as to specifics (such as quality,
value, salability, etc) of the products or services proposed to be sold or offered to be sold or
purchased on the Website. Fitindiatrust does not implicitly or explicitly support or endorse
the sale or purchase of any products or services on the Website. Fitindiatrust accepts no
liability for any errors or omissions, whether on behalf of itself or third parties.
Fitindiatrust is not responsible for any non-performance or breach of any contract entered
into between Buyers and Sellers. Fitindiatrust cannot and does not guarantee that the
concerned Buyers and/or Sellers will perform any transaction concluded on the Website.
Fitindiatrust shall not and is not required to mediate or resolve any dispute or disagreement
between Buyers and Sellers.
Fitindiatrust does not make any representation or warranty as to the item-specifics (such as
legal title, creditworthiness, identity, etc) of any of its Users. You are advised to
independently verify the bona fides of any particular User that You choose to deal with on the
Website and use Your best judgment in that behalf.
Fitindiatrust does not at any point of time during any transaction between Buyer and Seller on
the Website come into or take possession of any of the products or services offered by Seller
nor does it at any point gain title to or have any rights or claims over the products or services
offered by Seller to Buyer.
At no time shall Fitindiatrust hold any right, title or interest over the products nor shall have
any obligations or liabilities in respect of such contract entered into between Buyers and
Sellers. Fitindiatrust is not responsible for unsatisfactory or delayed performance of services
or damages or delays as a result of products which are out of stock, unavailable or back
The Website is only a platform that can be utilized by Users to reach a larger base to buy and
sell products or services. Fitindiatrust is only providing a platform for communication and it
is agreed that the contract for sale of any of the products or services shall be a strictly
bipartite contract between the Seller and the Buyer.
Use of the Website
You agree, undertake and confirm that Your use of Website shall be strictly governed by the
following binding principles:
You shall not host, display, upload, modify, publish, transmit, update or share any
belongs to another person and to which You does 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; or unlawfully threatening or unlawfully
harassing including but not limited to "indecent representation of women" within the meaning
of the Indecent Representation of Women (Prohibition) Act, 1986.
is misleading in any way.
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.
harasses or advocates harassment of another person
involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or
promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or
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
promotes an illegal or unauthorized copy of another person's copyrighted work (see
"Copyright complaint" below for instructions on how to lodge a complaint about uploaded
copyrighted material), such as providing pirated computer programs or links to them,
providing information to circumvent manufacture-installed copy-protect devices, or
providing pirated music or links to pirated music files.
contains restricted or password-only access pages, or hidden pages or images (those not
linked to or from another accessible page).
provides material that exploits people in a sexual, violent or otherwise inappropriate
manner or solicits personal information from anyone.
provides instructional information about illegal activities such as making or buying illegal
weapons, violating someone's privacy, or providing or creating computer viruses.
contains video, photographs, or images of another person (with a minor or an adult).
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.
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
written consent means a communication coming from Fitindiatrust's Legal Department,
specifically in response to Your request, and specifically addressing the activity or conduct
for which You seek authorization.
solicits gambling or engages in any gambling activity which We, in Our sole discretion,
believes is or could be construed as being illegal.
interferes with another USER's use and enjoyment of the Website or any other
individual's User and enjoyment of similar services.
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
harm minors in any way.
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.
violates any law for the time being in force.
deceives or misleads the addressee/ users 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; 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.
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.
shall not be false, inaccurate or misleading.
(aa) shall not, directly or indirectly, 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) shall not create liability for Us or cause Us to lose (in whole or in part) the services of
Our internet service provider ("ISPs") or other suppliers.
You shall not use any "deep-link", "page-scrape", "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 any Content, or in any
way reproduce or circumvent the navigational structure or presentation of the Website or
any Content, to obtain or attempt to obtain any materials, documents or information
through any means not purposely made available through the Website. We reserve Our
right to bar any such activity.
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
hacking, password "mining" or any other illegitimate means.
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. You may not reverse look-up, trace or
seek to trace any information on any other User of or visitor to Website, or any other
customer, including any account on the Website not owned by You, to its source, or
exploit the Website or any service or information made available or offered by or through
the Website, in any way where the purpose is to reveal any information, including but not
limited to personal identification or information, other than Your own information, as
provided for by the Website.
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 including the terms Fitindiatrust,
Flyte, Digiflip, Flipcart, fitindiatrust.com, or otherwise engage in any conduct or action
that might tarnish the image or reputation, of Fitindiatrust or sellers on platform or
otherwise tarnish or dilute any Fitindiatrust's 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. You agree that You will not take any action that imposes an unreasonable or
disproportionately large load on the infrastructure of the Website or Fitindiatrust's
systems or networks, or any systems or networks connected to Fitindiatrust.
You agree not to use any device, software or routine to interfere or attempt to interfere
with the proper working of the Website or any transaction being conducted on the
Website, or with any other person's use of the Website.
You may not forge headers or otherwise manipulate identifiers in order to disguise the
origin of any message or transmittal You send to Us on or through the Website or any
service offered on or through the Website. You may not pretend that You are, or that You
represent, someone else, or impersonate any other individual or entity.
You may not use the Website or any content for any purpose that is unlawful or
other activity which infringes the rights of Fitindiatrust and / or others.
You shall at all times ensure full compliance with the applicable provisions of the
Information Technology Act, 2000 and rules thereunder as applicable and as amended
from time to time and also all applicable Domestic laws, rules and regulations (including
the provisions of any applicable Exchange Control Laws or Regulations in Force) and
International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations
(including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central
Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing,
purchase, solicitation of offers to purchase, and sale of products or services. You shall not
engage in any transaction in an item or service, which is prohibited by the provisions of
any applicable law including exchange control laws or regulations for the time being in
Solely to enable Us to use the information You supply Us with, so that we are not
violating any rights You might have in Your Information, You agree to grant Us a nonexclusive,
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
From time to time, You shall be responsible for providing information relating to the
products or services proposed to be sold by You. In this connection, You undertake that
all such information shall be accurate in all respects. You shall not exaggerate or over
emphasize the attributes of such products or services so as to mislead other Users in any
You shall not engage in advertising to, or solicitation of, other Users of the Website to
buy or sell any products or services, including, but not limited to, products or services
related to that being displayed on the Website or related to us. You may not transmit any
chain letters or unsolicited commercial or junk email to other Users via the Website. It
Website in order to harass, abuse, or harm another person, or in order to contact, advertise
to, solicit, or sell to another person other than Us without Our prior explicit consent. In
order to protect Our Users from such advertising or solicitation, We reserve the right to
restrict the number of messages or emails which a user may send to other Users in any
24-hour period which We deems appropriate in its sole discretion. You understand 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. This may include, without limitation,
disclosure of the information in connection with investigation of alleged illegal activity or
solicitation of illegal activity or in response to a lawful court order or subpoena. In
addition, We can (and You hereby expressly authorize Us to) disclose any information
about You to law enforcement or other government officials, as we, in Our sole
discretion, believe necessary or appropriate in connection with the investigation and/or
resolution of possible crimes, especially those that may involve personal injury.
We reserve the right, but has no obligation, to monitor the materials posted on the Website.
Fitindiatrust 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. Please be advised that such Content posted does not necessarily
reflect Fitindiatrust views. In no event shall Fitindiatrust assume or have any responsibility or
liability for any Content posted or for any claims, damages or losses resulting from use of
Content and/or appearance of Content on the Website. 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.
Your correspondence or business dealings with, or participation in promotions of,
advertisers found on or through the Website, including payment and delivery of related
products or services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between You and such advertiser. We shall not
be responsible or liable for any loss or damage of any sort incurred as the result of any
such dealings or as the result of the presence of such advertisers on the Website.
It is possible that other users (including unauthorized users or "hackers") may post or
transmit offensive or obscene materials on the Website and that You may be involuntarily
exposed to such offensive and obscene materials. It also is possible for others to obtain
personal information about You due to your use of the Website, and that the recipient
may use such information to harass or injure You. We does not approve of such
unauthorized uses, but by using the Website You acknowledge and agree that We are not
responsible for the use of any personal information that You publicly disclose or share
with others on the Website. Please carefully select the type of information that You
publicly disclose or share with others on the Website.
Fitindiatrust shall have all the rights to take necessary action and claim damages that may
occur due to your involvement/participation in any way on your own or through group/s
of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
Contents Posted on Site
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds,
music and artwork (collectively, "Content"), is a third party user generated content and
Fitindiatrust has no control over such third party user generated content as Fitindiatrust is
may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted or distributed in any way (including "mirroring") to any other
computer, server, Website or other medium for publication or distribution or for any
commercial enterprise, without Fitindiatrust's express prior written consent.
You may use information on the products and services purposely made available on the
Website for downloading, provided that You (1) do not remove any proprietary notice
language in all copies of such documents, (2) use such information only for your personal,
non-commercial informational purpose and do not copy or post such information on any
networked computer or broadcast it in any media, (3) make no modifications to any such
information, and (4) do not make any additional representations or warranties relating to such
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 (collectively, "Content"). Such Content will
become Our property and You grant Us the worldwide, perpetual and transferable rights in
accordance with applicable law, use the Content or any of its elements for any type of use
forever, including but not limited to promotional and advertising purposes and in any media
whether now known or hereafter devised, including the creation of derivative works that may
include the Content You provide. You agree that any Content You post may be used by us,
You are not entitled to any payment or other compensation for such use.
A Job posting may not contain:
any hyperlinks, other than those specifically authorized by Fitindiatrust;
misleading, unreadable, or "hidden" keywords, repeated keywords or keywords that
are irrelevant to the job opportunity being presented, as determined in Fitindiatrust’s
the names, logos or trademarks of unaffiliated companies other than those of your
customer save where expressly agreed by Fitindiatrust;
the names of colleges, cities, states, towns or countries that are unrelated to the
more than one job or job description, more than one location, or more than one job
category, unless the product so allows;
inaccurate, false, or misleading information; and
Material or links to material that exploits people in a sexual, violent or other manner,
or solicits personal information from anyone under 18.
You may not use Your Fitindiatrust job posting to:
post jobs in a manner that does not comply with applicable local, national and
international laws, including but not limited to laws relating to labor and employment,
equal employment opportunity and employment eligibility requirements, data privacy,
data access and use, and intellectual property;
post jobs that require citizenship of any particular country or lawful permanent
residence in a country as a condition of employment, unless otherwise required in
order to comply with law, regulations, executive order, or federal, state or local
post jobs that include any screening requirement or criterion in connection with a job
posting where such requirement or criterion is not an actual and legal requirement of
the posted job;
post jobs or other advertisements for competitors of Fitindiatrust or post jobs or other
content that contains links to any site competitive with Fitindiatrust;
sell, promote or advertise products or services;
post any franchise, pyramid scheme, "club membership", distributorship, multi-level
marketing opportunity, or sales representative agency arrangement;
post any business opportunity that requires an upfront or periodic payment or requires
recruitment of other members, sub-distributors or sub-agents;
post any business opportunity that pays commission only unless the posting clearly
states that the available job pays commission only and clearly describes the product or
service that the job seeker would be selling;
advertise sexual services or seek employees for jobs of a sexual nature;
request the use of human body parts or the donation of human parts, including,
without limitation, reproductive services such as egg donation and surrogacy;
endorse a particular political party, political agenda, political position or issue;
promote a particular religion;
post jobs located in countries subject to economic sanctions of the United States
except where allowed by applicable law, post jobs which require the applicant to
provide information relating to his/her
racial or ethnic origin
philosophical or religious beliefs
membership of a trade union
physical or mental health
the commission of criminal offences or proceedings or
As a registered seller, you are allowed to list item(s) for sale on the Website in accordance
be legally able to sell the item(s) you list for sale on our Website. You must ensure that the
listed items do not infringe upon the intellectual property, trade secret or other proprietary
rights or rights of publicity or privacy rights of third parties. Listings may only include text
descriptions, graphics and pictures that describe your item for sale. All listed items must be
listed in an appropriate category on the Website. All listed items must be kept in stock for
successful fulfilment of sales.
The listing description of the item must not be misleading and must describe actual condition
of the product. If the item description does not match the actual condition of the item, you
agree to refund any amounts that you may have received from the Buyer. You agree not to
list a single product in multiple quantities across various categories on the Website.
Fitindiatrust reserves the right to delete such multiple listings of the same product listed by
you in various categories.
While availing any of the payment method/s available on the Website, we will not be
responsible or assume any liability, whatsoever in respect of any loss or damage arising
directly or indirectly to You due to:
Lack of authorization for any transaction/s, or
Exceeding the preset limit mutually agreed by You and between "Bank/s", or
Any payment issues arising out of the transaction, or
Decline of transaction for any other reason/s
All payments made against the purchases/services on Website by you shall be compulsorily
in Indian Rupees acceptable in the Republic of India. Website will not facilitate transaction
with respect to any other form of currency with respect to the purchases made on Website.
Before shipping / delivering your order to you, Seller may request you to provide supporting
documents (including but not limited to Govt. issued ID and address proof) to establish the
ownership of the payment instrument used by you for your purchase. This is done in the
interest of providing a safe online shopping environment to Our Users.
Transactions, Transaction Price and all commercial terms such as Delivery, Dispatch of
products and/or services are as per principal to principal bipartite contractual obligations
between Buyer and Seller and payment facility is merely used by the Buyer and Seller to
facilitate the completion of the Transaction. Use of the payment facility shall not render
Fitindiatrust liable or responsible for the non-delivery, non-receipt, non-payment, damage,
breach of representations and warranties, non-provision of after sales or warranty services or
fraud as regards the products and /or services listed on Fitindiatrust's Website.
You have specifically authorized Fitindiatrust or its service providers to collect, process,
facilitate and remit payments and / or the Transaction Price electronically or through Cash on
Delivery to and from other Users in respect of transactions through Payment Facility. Your
relationship with Fitindiatrust is on a principal to principal basis and by accepting these
does not have control of or liability for the products or services that are listed on
Fitindiatrust's Website that are paid for by using the Payment Facility. Fitindiatrust does not
guarantee the identity of any User nor does it ensure that a Buyer or a Seller will complete a
You understand, accept and agree that the payment facility provided by Fitindiatrust is
neither a banking nor financial service but is merely a facilitator providing an electronic,
automated online electronic payment, receiving payment through Cash On Delivery,
collection and remittance facility for the Transactions on the Fitindiatrust Website using the
existing authorized banking infrastructure and Credit Card payment gateway networks.
Further, by providing Payment Facility, Fitindiatrust is neither acting as trustees nor acting in
a fiduciary capacity with respect to the Transaction or the Transaction Price.
Payment Facility for Buyers:
You, as a Buyer, understand that upon initiating a Transaction You are entering into a legally
binding and enforceable contract with the Seller to purchase the products and /or services
from the Seller using the Payment Facility, and You shall pay the Transaction Price through
Your Issuing Bank to the Seller using Payment Facility.
You, as a Buyer, may agree with the Seller through electronic communication and electronic
records and using the automated features as may be provided by Payment Facility on any
extension / increase in the Dispatch and/or Delivery time and the Transaction shall stand
amended to such extent. Any such extension / increase of Dispatch / Delivery time or
subsequent novation / variation of the Transaction should be in compliance with Payment
Facility Rules and Policies.
You, as a Buyer, shall electronically notify Payment Facility using the appropriate
Fitindiatrust Website features immediately upon Delivery or non Delivery within the time
period as provided in Policies. Non notification by You of Delivery or non Delivery within
the time period specified in the Policies shall be construed as a deemed Delivery in respect of
that Transaction. In case of Cash On Delivery transactions, Buyer is not required to confirm
the receipt of products or services.
You, as a Buyer, shall be entitled to claim a refund of the Transaction Price (as Your sole and
exclusive remedy) in case You do not receive the Delivery within the time period agreed in
the Transaction or within the time period as provided in the Policies, whichever is earlier. In
case you do not raise a refund claim using Website features within the stipulated time than
this would make You ineligible for a refund.
You, as a Buyer, understand that the Payment Facility may not be available in full or in part
for certain category of products and/or services and/or Transactions as mentioned in the
Policies and hence You may not be entitled to a refund in respect of the Transactions for
those products and /or services
Except for Cash On Delivery transaction, refund, if any, shall be made at the same Issuing
Bank from where Transaction Price was received.
For Cash On Delivery transactions, refunds, if any, will be made via demand draft in favour
of the Buyer (As per registration details provided by the Buyer)
Refund shall be made in Indian Rupees only and shall be equivalent to the Transaction Price
received in Indian Rupees.
For electronics payments, refund shall be made through payment facility using NEFT / RTGS
or any other online banking / electronic funds transfer system approved by Reserve Bank
Refund shall be conditional and shall be with recourse available to Fitindiatrust in case of any
misuse by Buyer.
Refund shall be subject to Buyer complying with Policies.
Fitindiatrust reserves the right to impose limits on the number of Transactions or
Transaction Price which Fitindiatrust may receive from on an individual Valid
Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other
financial instrument directly or indirectly through payment aggregator or through any
such facility authorized by Reserve Bank of India to provide enabling support facility for
collection and remittance of payment or by an individual Buyer during any time period,
and reserves the right to refuse to process Transactions exceeding such limit.
Fitindiatrust reserves the right to refuse to process Transactions by Buyers with a prior
history of questionable charges including without limitation breach of any agreements by
Buyer with Fitindiatrust or breach/violation of any law or any charges imposed by Issuing
Bank or breach of any policy.
Fitindiatrust may do such checks as it deems fit before approving the receipt of/Buyers
commitment to pay (for Cash On Delivery transactions) Transaction Price from the Buyer
for security or other reasons at the discretion of Fitindiatrust. As a result of such check if
Fitindiatrust is not satisfied with the creditability of the Buyer or genuineness of the
Transaction or other reasons at its sole discretion, Fitindiatrust shall have the right to
reject the receipt of / Buyers commitment to pay Transaction Price. For avoidance of
doubt, it is hereby clarified that the ‘Cash on Delivery’ feature for payment, may be
disabled for certain account users, at the sole discretion of Fitindiatrust.
Fitindiatrust may delay notifying the payment confirmation i.e. informing Seller to
Dispatch, if Fitindiatrust deems suspicious or for Buyers conducting high transaction
volumes to ensure safety of the Transaction and Transaction Price. In addition,
Fitindiatrust may hold Transaction Price and Fitindiatrust may not inform Seller to
Dispatch or remit Transaction Price to law enforcement officials (instead of refunding the
same to Buyer) at the request of law enforcement officials or in the event the Buyer is
engaged in any form of illegal activity.
The Buyer and Seller acknowledge that Fitindiatrust will not be liable for any damages,
interests or claims etc. resulting from not processing a Transaction/Transaction Price or
any delay in processing a Transaction/Transaction Price which is beyond control of
Buyer's arrangement with Issuing Bank:
All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a
Credit Card payment gateway or appropriate payment system infrastructure and the same
will also be governed by the terms and conditions agreed to between the Buyer and the
respective Issuing Bank and payment instrument issuing company.
All Online Bank Transfers from Valid Bank Accounts are processed using the gateway
provided by the respective Issuing Bank which support Payment Facility to provide these
services to the Users. All such Online Bank Transfers on Payment Facility are also
governed by the terms and conditions agreed to between Buyer and the respective Issuing
of India. The place of jurisdiction shall be exclusively in Bangalore.
Jurisdictional Issues/Sale in India Only
Unless otherwise specified, the material on the Website is presented solely for the purpose of
sale in India. Fitindiatrust make no representation that materials in the Website are
appropriate or available for use in other locations/Countries other than India. Those who
choose to access this site from other locations/Countries other than India do so on their own
initiative and Fitindiatrust is not responsible for supply of products/refund for the products
ordered from other locations/Countries other than India, compliance with local laws, if and to
the extent local laws are applicable.
Trademark, Copyright and Restriction
This site is controlled and operated by Fitindiatrust and products are sold by respective
Sellers. All material on this site, including images, illustrations, audio clips, and video clips,
are protected by copyrights, trademarks, and other intellectual property rights. Material on
Website is solely for Your personal, non-commercial use. You must not copy, reproduce,
republish, upload, post, transmit or distribute such material in any way, including by email or
other electronic means and whether directly or indirectly and You must not assist any other
person to do so. Without the prior written consent of the owner, modification of the materials,
use of the materials on any other website or networked computer environment or use of the
materials for any purpose other than personal, non-commercial use is a violation of the
copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You
receive any remuneration, whether in money or otherwise, is a commercial use for the
purposes of this clause.
Fitindiatrust respects the intellectual property of others. In case You feel that Your
Trademark has been infringed, You can write to Fitindiatrust at
email@example.com or firstname.lastname@example.org.
Fitindiatrust we do not warrant that Product description or other content of this Website is
accurate, complete, reliable, current, or error-free and assumes no liability in this regard.
Limitation of Liability
IN NO EVENT SHALL FITINDIATRUST BE LIABLE FOR ANY SPECIAL,
INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN
INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
Fitindiatrust prohibits the use of language that is racist, hateful, sexual or obscene in nature in
a public area.
This policy extends to text within listings, on Seller pages and all other areas of the site that
another User may view. If the profane words are part of a title for the item being sold, we
allow Sellers to 'blur' out the bulk of the offending word with asterisks (i.e., s*** or f***).
Please report any violations of this policy to the correct area for review:
- Report offensive Display Names
- Report offensive language in a listing or otherwise
If a feedback comment; or any communication made between Users on the Website; or email
communication between Users in relation to transactions conducted on Website contain
profanity, please review Our feedback removal policy and submit a request for
Disciplinary action may result in the indefinite suspension of a User's account, temporary
suspension, or a formal warning.
Fitindiatrust will consider the circumstances of an alleged policy violation and the user's
trading records before taking action.
Violations of this policy may result in a range of actions, including:
- Limits placed on account privileges;
- Loss of special status;
- Account suspension.
The Replacement Guarantee seeks to assist Buyers who have been defrauded by qualified
sellers on the Website. If at the time of delivery and/or within specified days from the date of
delivery of the product/s, if any defect is found, then the buyer of the product/s can ask for
replacement of the product/s from the seller.
If Fitindiatrust has suspicion or knowledge, that any of its buyers and sellers are involved in
any activity that is intended to provide claims or information that is false, misleading or not
genuine, then Fitindiatrust may while reserving its rights to initiate civil and/or criminal
proceedings against User may also at its sole discretion suspend, block, restrict, cancel the
Display Name of such buyer and seller and /or disqualify that User and any related Users
from availing protection through this program.
Fitindiatrust reserves its right to initiate civil and/or criminal proceedings against a User who,
files a invalid and/or false claims or provides false, incomplete, or misleading information. In
addition to the legal proceedings as aforesaid, Fitindiatrust may at its sole discretion suspend,
block, restrict, cancel the Display Name [and its related Display Names] of such User and/or
disqualify that User and any related Users from availing protection through this program.
Any person who, knowingly and with intent to injure, defraud or deceive, files a Fraudulent
Complaint containing false, incomplete, or misleading information may be guilty of a
criminal offence and will be prosecuted to the fullest extent of the law.