Terms of Sale
These terms of sale (“Terms”) apply to all orders accepted by Oxstren Wearable Technologies Private Limited (“Actofit”) for the sale of its personal fitness and electronic body monitoring products (“Products”), except in the case that you and Actofit have executed a written agreement that supersedes these Terms. To the extent the Products contain or consist of software in any form (“Software”), such Software is licensed to you, not sold, and only in accordance with the section entitled “Software License”, below. Terms such as “sell” and “purchase”, as used in these Terms, apply only to the extent the Products consist of items other than Software.
ORDERING FROM ACTOFIT STORE
By placing an order through the Actofit Store, you agree that: (i) any credit card information supplied by you is true and complete; and (ii) you will pay the applicable price listed, as well as any shipping and handling charges and applicable taxes. Products purchased by you are for personal or gift use and not for commercial use.
Actofit can withdraw Products from the Actofit Store at any time and for any reason. Prices listed through the Actofit Store are stated in the [local currency of where your internet service provider is based], and do not include any shipping and handling charges or applicable taxes, which charges and taxes will be communicated to you before you place an order and you are responsible for paying such charges and taxes to Actofit. You agree to indemnify and hold Actofit harmless from and against any liabilities, interest, penalties or fees assessed against Actofit arising from your failure to pay any such taxes. All Product prices are subject to change at any time.
Order Acceptance and Fulfillment
All orders are subject to acceptance by Actofit. After you place an order, you will receive an email from Actofit confirming that Actofit has received your order. Acceptance of your order will occur upon your receipt of another email from Actofit containing a shipping confirmation, tracking number and carrier information. If an order is on back order, we’ll send you an email indicating that this is the case, followed by another email when the items in question are in stock containing a shipping confirmation, tracking number and carrier information. Actofit reserves the right not to accept your order for any reason or no reason. Actofit reserves the right to restrict multiple quantities of a Product being shipped to any one customer or postal address.
Purchases made through the Actofit Store are intended for end users only, and are not authorized for resale.
Shipping and Delivery
Actofit will pack the Products in accordance with its standard practices. You can choose the method of shipment and timing of delivery for Products ordered, and will be charged shipping and handling charges accordingly. Title to the Products (except to the extent that the Products consist of Software) and risk of loss will pass to you upon Actofit’s delivery of the Products to the carrier. You acknowledge that all scheduled shipment dates are estimates only. Actofit will make reasonable efforts to meet the scheduled shipment dates, but in no event will Actofit be liable for any loss, damage, or penalty resulting from any delay in shipment or delivery.
If you are unsatisfied with any Product purchased from the Actofit Store for any reason, you will have fourteen (14) days from the date of purchase to request a full refund. For full details on the return process, please see www.actofit.com/returns.
Limited Product Warranty
Actofit warrants to the original purchaser that your Product shall be free from defects in materials and workmanship under normal use for a period of one (1) year from the date of purchase. For full details on the Limited Product Warranty, please see www.actofit.com/returns.
You acknowledge that you have verified the compatibility of the Products you are purchasing with other required equipment (e.g., ensuring that your mobile device and/or operating system system is compatible with the Product). You are solely responsible for determining the compatibility of the Products with other equipment, and you accept that lack of compatibility is not a valid claim under the warranty provided with your Products and does not otherwise constitute a basis for receiving a refund after the fourteen (14) day refund policy identified above.
Limitation of Liability
IN NO EVENT WILL ACTOFIT BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, USE, PROFITS, DATA, OR GOODWILL) OR COSTS OF PROCURING SUBSTITUTE PRODUCTS, ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THESE TERMS OR THE PURCHASE, SALE, USE, OPERATION OR PERFORMANCE OF THE PRODUCTS, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, WHETHER OR NOT ACTOFIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. ACTOFIT AND YOU HAVE AGREED THAT THESE LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL ACTOFIT’S LIABILITY TO YOU ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THESE TERMS, FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY, EXCEED THE ACTUAL AMOUNT PAID TO ACTOFIT BY YOU FOR THE PRODUCT THAT GIVES RISE TO THE CLAIM.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Actofit grants to you a nonexclusive, nontransferable license to use the Software, in executable form, solely as embedded in the Products, solely for your internal, non-commercial use. You may not copy or modify the Software. You acknowledge that the Software contains trade secrets of Actofit, and, in order to protect such trade secrets, you agree not to disassemble, decompile or reverse engineer the Software nor permit any third party to do so, except to the extent such restrictions are prohibited by law. Actofit reserves all rights and licenses in and to the Software not expressly granted to you under this Agreement.
You agree that any dispute between you and Actofit arising out of or relating to these Terms, or any other Actofit products or services (collectively, “Disputes”) will be governed by the arbitration procedure outlined below.
Subject to the dispute resolution clause above, this Policy shall be governed by and construed in accordance with the laws of India. The courts at Mumbai-Maharashtra, Republic of India shall have exclusive jurisdiction in relation to any disputes arising out of or in connection with this Terms of Sale.
Informal Dispute Resolution
We want to address your concerns without needing a formal legal case. Before filing a claim against Actofit, you agree to try to resolve the Dispute informally by contacting email@example.com. We will try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within 15 days after submission, you or Actofit may bring a formal proceeding.
Limitation on Claims
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Actofit Products or services must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
TERMS SPECIFIC TO ACTOFIT ENGINE APP
The following Actofit Terms and Conditions (“Subscription Terms”) will apply to the use of Actofit Subscription Service (defined below).
You accept these Subscription Terms by using any part of the Subscription Service.
IF YOU DO NOT ACCEPT THESE SUBSCRIPTION TERMS, DO NOT ADD SUBSCRIPTION SERVICES TO YOUR ACCOUNT OR USE ANY OF THE SUBSCRIPTION SERVICES.
Use of Subscription Service
By accepting these Subscription Terms and adding the Subscription Service to your account, Actofit hereby grants to you a license to use the Subscription Service solely for your personal, non-commercial use, subject to these Subscription Terms. The rights and limitations regarding Your Content and Actofit Content are governed by the Terms of Service.
You agree to pay Actofit the stated fees for the Subscription Service for the duration of time and the amount you selected on the sign up page. You permit Actofit to charge this fee to your credit card and automatically renew the charge for the duration of your membership until you cancel. We use a third party credit card payment processor to process all payments.
Automatic Renewal and Cancellation
Membership fees will be charged to your credit card and will automatically renew at the price then in effect for the duration of your membership until you cancel. Yearly memberships will automatically renew once a year. Cancellation of your membership can be done in your App Store account / Google Play Store, as maybe applicable. If you choose to cancel, your cancellation will take effect at the end of the term in which you cancelled. If your credit card is invalid for any reason, charged back, or if Actofit does not receive payment, we will cancel your member benefits immediately.
Refund Policy and Termination
If Actofit cancels the entire Subscription Service, you may request a refund in writing within Seven (7) days after the cancellation and receive a refund for the prorated amount of the fees for the Subscription Service. Termination of your Subscription Service account is your sole remedy under these Subscription Terms and against Actofit in connection with Actofit’s provision of the Subscription Service. Because Actofit reserves the right to alter or discontinue all or any portion of the Subscription Service under the Terms of Service, you should be sure to retain a copy of any materials you post, along with your user data.
Representations, Warranties and Covenants
You represent, warrant and covenant that (a) the membership and credit card information that you supply is true, correct and complete, (b) you will pay any charges that you incur in connection with the Subscription Service, including any applicable taxes, (c) you will update your membership and credit card information as required, (d) you will not allow anyone else to use your membership, (e) you will not transfer your membership or password to anyone else and (f) you will report to us any unauthorized or prohibited use of your membership.
Subject to the termination rights above, you agree that Actofit reserves the right to amend the Subscription Service and these Subscription Terms at any time and for any reason.
The parties disclaim application of the United Nations Convention on Contracts for the International Sale of Goods.
You may not assign or transfer these Terms, or any order accepted by Actofit hereunder, in whole or in part, by operation of law or otherwise, without Actofit’s express prior written consent. Any attempt to do so, without Actofit’s consent, will be null and of no effect. Actofit may freely assign these Terms.
Actofit will not be responsible for any failure or delay in its performance under these Terms due to causes beyond its reasonable control, including, but not limited to, labor disputes, strikes, lockouts, shortages of or inability to obtain energy, raw materials or supplies, war, terrorism, riot, or acts of God.
The failure by Actofit to enforce any provision of these Terms will not constitute a waiver of future enforcement of that or any other provision. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
These Terms constitute the complete and exclusive agreement between Actofit and you regarding its subject matter and supersede all prior or contemporaneous quotations, agreements, communications or understandings, whether written or oral, relating to its subject matter. Any waiver, modification or amendment of any provision of these Terms will be effective only if in writing and signed by duly authorized representatives of each party.
You will not export or re-export, directly or indirectly, the Products, or any technical information related thereto, or any direct products thereof, to any destination or person prohibited or restricted by the export control laws and regulations of the Republic of India or from the jurisdiction where the Products are being shipped, without the prior authorization from the appropriate governmental authorities.
All notices required or permitted to be given under these Terms will be in writing and will be deemed given: (i) upon actual delivery, if made by personal service; (ii) three (3) days after mailing, if made by registered mail; and (iii) one (1) business day after delivery to the courier or overnight delivery service, if made by courier or overnight delivery service. All notices will be addressed to such address as the party who is to receive the notice so designates by written notice to the other.
This Policy shall not be applicable to any information other than the information collected by us through the Website. This Policy shall not apply to any unsolicited information you provide us either through this Website or through any other means. All unsolicited information shall be deemed to be non-confidential and the Company shall be free to use and/ or disclose such unsolicited information without any limitations.
If you require any information or clarification regarding these Terms, you can contact us at firstname.lastname@example.org. If you require to write to us, our Registered office is at 1012, 10th Floor, Mayuresh Cosmos, Sector 11, CBD Belapur, Navi Mumbai 400614, Maharashtra, India.