Terms & Conditions

RAP FITNESS is a trademark of RAP FITNESS EQUIPMENT, having its registered office Unit no.42, Rd Number 28, Wagle Estate, Hanuman Nagar, Wagle Industrial Estate, Thane West, Thane, and Maharashtra 400604. www.rapfitness.in and/or associated sites (collectively referred to as “We”, “Us” “site” or “said websites” “Website” or “Company” “Rap Fitness Equipment’s”), is an e-commerce platform that offers content, sale of certain products and related services, and tools, applications, materials, or other services offered from time to time in connection with its business, on the aforesaid website (collectively referred to as “Services”).  The Service is provided by RAP FITNESS EQUIPMENTS and the domain name www.rapfitness.in  is owned by us. The term “You”, “YOUR” or “User” refers to the Registered user/ user or viewer of this website.

We aspire to do the right, ethical and legal thing in bringing you to this site(s), and we ask that you use the same judgment as you read, use, link to, and share the content hosted on the said website. When utilizing the said website, we ask that you give credit where appropriate and don’t edit our content – or content that belongs to others without express permission. If we’ve made an error, please let us know. You can reach us at info@rapfitness.in 

PLEASE READ THE FOLLOWINGTERMS AND CONDITIONS CAREFULLY:

The Services offered at www.rapfitness.in  and any communications service {including the capability to contribute links and other information (each such submission, a “Contribution“)}, or other service that may be available to you on or through these sites, are provided to You under these terms and conditions, and any operating rules or policies that may be published by us at the URL: www.rapfitness.in  and/or affiliated sites. The terms and conditions and all such operating rules or policies including privacy policy comprise the entire agreement between you and Rap Fitness Equipment’s and supersede all prior agreements between you and Rap Fitness Equipment’s regarding the subject matter contained herein. BY COMPLETING THE REGISTRATION PROCESS AND/OR USING AND/OR VISITING the Site(including all content available through Site) YOU SIGNIFY YOUR IRREVOCABLE AND UNCONDITIONAL ASSENT TO ALL THESE TERMS AND CONDITIONS (the “Terms of Service”, “Agreement” or “Terms and Conditions”) HEREIN. If you do not agree to any of these Terms of Service, then please do not use Site. In general, you can browse the Website without telling us who you are or revealing any personal information about yourself. Once you give us your personal information, you are not anonymous to us. Where possible, we indicate which fields are required and which fields are optional.

  1. Violation of any of the Terms of Service may result in the termination of Services without notice.
  2. ELIGIBILITY AND SERVICES VOID WHERE PROHIBITED:
    • Use of the Website is available only to persons who can perform legally binding contracts under Indian Contract Act, 1872.
    • You must be 18 years or older to use this Service. By visiting the said websites, You represent and warrant to Rap Fitness Equipment’s that You are 18 years of age or older. If you are under the age of 18 or applicable legal age in your jurisdiction, You can use the Services only in conjunction with, and under the supervision of, Your parent and/or guardian who has agreed to the Terms of Service. You must provide true, correct, legal and valid information when requested including at the time of using the said Services.
    • By using the said website, You represent and warrant that You have the right, authority, and capacity to enter into this Agreement and that You are not prohibited or prevented by any applicable law for the time being in force or any order or decree or injunction from any court, tribunal or any such competent authority restraining You from abiding by the Terms and Conditions of this Agreement or from using the said Services.
    • If you are not a Resident Indian, you may access, use and avail of the Service / access this Website only to the extent that the laws of India and those of your country permit you to do so. Further, your use of the Service is based on the understanding and agreement that by accessing and using the Service, you are not violating the local laws in India and/or your country. You agree that you will be solely and absolutely liable for any liability incurred by you in this regard and you will indemnify Rap Fitness Equipment’s against any liability incurred Rap Fitness Equipment’s in this regard.
    • Each User login (as and when applicable) may only be used by the person who registered for and was provided that login or by your authorized representative or agent having express consent to do so from you. A single login shared by multiple people or multiple profiles used by single User, is not permitted, UNLESS authorized to do so by Rap Fitness Equipment’s.
    • Multiple profiles of the same person may not be allowed on the said websites. Rap Fitness Equipment’s reserves the right to deactivate all multiple profiles without any prior notice and at the discretion of Rap Fitness Equipment’s without assigning any reason for such action.
    • You are responsible for maintaining the security of your account, Your Material and password. Rap Fitness Equipment’s cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You are not authorized to share your password or other account access information with any other party, temporarily or permanently, and breach of this obligation may tantamount to disabling the account and Services. You agree to immediately notify Rap Fitness Equipment’s of any unauthorized use of your account, identity, personal information and passwords.
    • You shall not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws (including but not limited to copyright laws and information technology laws).
    • Without limitation of the foregoing, not to use the said websites or Services to submit any contribution regarding any content or products or multimedia files, or make comments about them, that are unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, libellous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts, invasive of another’s privacy, or hateful; or that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.
    • Illegal and/or unauthorized use of Site, including aggregating Usernames and other contact information for the purpose of sending unsolicited communications is prohibited. Unauthorized framing of Site and associated sites is also prohibited. Inappropriate use may result in Your being removed from using Services participant listings without notice and may result in termination of Your privileges for using participation in Site. Appropriate legal action may also be taken for any unauthorized use of Site.
    • Rap Fitness Equipment’s is not responsible for material submitted to Site or posted to the said website by Users. Rap Fitness Equipment’s May not pre-screen, monitor, review or edit the contribution/ contents posted by Users. However, Rap Fitness Equipment’s and its designees have the right (but not the obligation) at their sole discretion to refuse or remove any contribution/contents, in whole or part, that in their judgment does not comply with these Terms of Service or is otherwise undesirable, inappropriate, illegal or inaccurate. Rap Fitness Equipment’s is not responsible for any failure, non-failure or delay in removing such contribution/contents. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any contribution or part thereof, or other communication to Site and Rap Fitness Equipment’s. You agree to immediately notify Rap Fitness Equipment’s of any unauthorized use of the Service or any other breach of security that you know or suspect.
    • If any information provided by you intentionally or unintentionally is untrue, inaccurate, not current or incomplete, Rap Fitness Equipment’s reserves the right to reject any of your contributions and contents and to terminate your right to use the said website and refuse any and all current or future use of the Services.
    • You understand and agree that Rap Fitness Equipment’s will disclose and/or give access to third parties, your personal information contained in your registration application. By registering with Site you have authorized Rap Fitness Equipment’s to disclose to any third party your name, address, e-mail address or telephone number for enhancing your user experience.
    • Rap Fitness Equipment’s reserves the right to offer third party services and products to you based on the preferences that you identify in your registration and at any time thereafter; such offers may be made by Rap Fitness Equipment’s or by third parties. Without limiting any of the other disclaimers of warranty set forth in on this Website, Rap Fitness Equipment’s does not guarantee, warrant or make any representation that your use of Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranty or guarantee of any kind, expressed, implied or otherwise including warranties of title, merchantability or non-infringement. Under no circumstances shall Rap Fitness Equipment’s be liable for any damages arising from the transactions between you and the third party or for any information appearing on provider’s sites or any other site hyperlinked to our site. Any such undertaking, representation, warranty or guarantee would be furnished solely by the provider of the said services and/or products, under the terms agreed to by the provider.
    • You agree that you must evaluate and solely bear all risks associated with the use or posting of any contents whatsoever, including any reliance on the content, integrity and accuracy of such content.
    • You shall not access this Website and operate on any fake e-mail id for the purpose of gaining access into this Website.
    • If you are registering as a business entity, you represent that you are duly authorized to accept this terms and you have the authority to bind Your business/legal entity to this terms.
  3. AMENDMENTS

Rap Fitness Equipment’s may change, modify, add or remove the Terms of Service from time to time and at any time, and without actual notice to you. All such changes to these Terms of Service will appear on the said website. By using the said website after we post any changes, you agree to those changes. If at any time you choose not to accept these Terms of Services, please do not use the said website. Participation in any contest and or game on the Site conducted by Rap Fitness Equipment’s hall be subject to such further terms and conditions as may be notified by Rap Fitness Equipment’s from time to time on the Site or otherwise.

  1. DESCRIPTION OF SERVICE

(i) Rap Fitness Equipment’s provides Users with a variety of online services, including but not limited to:

  • (a)Offering gym equipment’s and accessories

(ii) The products and services described on this website, and any samples thereof we may provide to you, are for personal use and commercial gym setup only. You shall not sell or resell any of the products or services, or samples thereof, you receive from us. We reserve the right, with or without notice, to terminate accounts and/or to cancel and/or reduce the quantity of any products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms of Services or is harmful to our interests.

(ii) We attempt to be as accurate as possible when describing our products on the said website. However, we do not represent or warrant that the product descriptions, colours, information or other content available on the said website are accurate, complete, reliable, current, or error-free.

  1. CONTENT
  • You agree that Rap Fitness Equipment’s owns and retains all rights to the Services. You further agree that the content you access and view as part of the Services is owned or controlled by Rap Fitness Equipment’s and or its licensors. The Services and the content are protected by copyright, trademark, and other intellectual property laws.
  • You acknowledge and agree not to either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms. Further, You agree not to either directly or through the use of any device, software, internet site, web-based service, or other means copy, download, capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content or create any derivative work and/or material based on the Content.
  • You agree that your use of the Services and the content may give you the opportunity to view, publish, transmit, submit posts and/or comment in accordance with these terms and conditions. You agree that you will not misuse the content you access and view as part of the Service, including without limitation, download the content by illegal/non-permitted means, or infringe any of the copyright, trademark and other intellectual property including any rights of Rap Fitness Equipment’s or its licensors subsisting in the content. You further agree that you will not copy/record any of the content You access and view as part of the Service, for any purpose, and/or copy/record any content including video, images etc., by using any means including software, spyware, etc. for any purpose whatsoever.
  • Content provided on this site is solely for informational purposes. It is your sole responsibility to consult a licensed physician or qualified health care professional for advice, diagnosis, and/or treatment of any health related condition or to ensure that you are well enough for physical activities.
  • We claim no intellectual property rights over your material which you may provide to the Service other than as set out hereunder. Your profile, data, comments, suggestions, ideas, concepts, etc. shall be collectively referred to as “Your Material”. By providing or submitting Your Material You are allowing Rap Fitness Equipment’s to host this material on its servers and display it to You and Users of the said websites without any limitation other than those imposed by Rap Fitness Equipment’s. You are also allowing Rap Fitness Equipment’s to display the name or alias that You enter with this data to those that are given permission to view it by Rap Fitness Equipment’s. You cannot post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.

You are solely responsible for Your Material which is transmitted, posted, or distributed by You through the Service, including but not limited to the contents of Your e-mail communications, information, personal contact details, photos or images posted by You or posted to Your Profile Page and information, photos, images, sound files or Your Material posted by You in a forum or other page. By posting Your Material You warrant and represent that

(1)You own or otherwise have all rights necessary for you to post Your   Material and grant the rights described above;

(2)Your Material do not contain any viruses, worms, spyware, or other components or instructions that are unlawful, malicious, deceptive, or designed to limit or harm the functionality of a computers’ hardware, software, and services, including but not limited to the those belonging to Rap Fitness Equipment’s;

(3)You will not submit content that violates any copyright or other third party proprietary rights;

(4)You will not submit content that is in breach of any other contractual commitment; and

(5)Your Material does not and shall not contain THE FOLLOWING (“Unacceptable Content”)The list below is for illustration only and is not a complete list of all Unacceptable Content:

(i)is implicitly or explicitly offensive, such as content that engages in, endorses or promotes racism, bigotry, hatred, blasphemous or physical harm of any kind against any group or individual;

(ii) Harasses, incites harassment or advocates harassment of another any group or individual; 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

(iii) Involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;

 (iv) Promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;

(v)promotes or endorses an illegal or unauthorized copy of another person’s copyrighted work, such as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files;

(vi)contains restricted or password only access pages, or hidden pages or images;

(vii)displays or links to pornographic, indecent or sexually explicit material of any kind;

(viii)provides or links to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone under 18 in a manner other than authorized under law;

(ix)provides instructional information about illegal activities or other activities prohibited by these Terms of Services, including without limitation, making or buying illegal weapons, violating someone’s privacy, or provides or creates computer viruses or pirating any media; and solicits passwords or personal identifying information from other Users; any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law; or

(x) 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;.

  • In order to protect Rap Fitness Equipment’s and/or our Users from any abuse / misuse, Rap Fitness Equipment’s reserves the right to restrict the number of communications / profile contacts & responses / email which a User may view, stream, send to other User, in any 24-hour period to a number which Rap Fitness Equipment’s deems appropriate in its sole discretion.
  • Rap Fitness Equipment’s does not pre-screen Your Material or content, but Rap Fitness Equipment’s and its designee have the right (but not the obligation) in their sole discretion to refuse or remove/edit any of Your Material or content that is available via the Service.
  • If Rap Fitness Equipment’s receives a valid complaint about Your Material, Rap Fitness Equipment’s reserves the right to remove Your Material or any subset thereof completely from the Service, with or without notification to you. If, in the sole and exclusive discretion of Rap Fitness Equipment’s, Your Material contains Unacceptable Content, then Rap Fitness Equipment’s may also terminate your access to the Service.
  • Rap Fitness Equipment’s does not own or control the content posted by Users via the Service and, does not guarantee the accuracy, integrity or quality of such content. Under no circumstances will Rap Fitness Equipment’s be liable in any way for any content posted by any User or third party, including, but not limited to, liability for any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, e-mailed or otherwise transmitted via the Service.
  • User further agrees that any communication User makes or provides Rap Fitness Equipment’s including his personal information shall be deemed not to be confidential.
  • All liability, whether civil or criminal arising out of any Content that is posted on the said website will be of that user / third party who has posted such Content and Rap Fitness Equipment’s reserves its right to claim damages from such user / third party that it may suffer as a result of such Content posted on the said website.
  • Rap Fitness Equipment’s has the right to suspend your profile without any prior notice.
  • Rap Fitness Equipment’s reserves the right to edit/delete your material if it’s not a valid/clear/related one or as per the specifications of Rap Fitness Equipment’s.
  • Messages sent or User/third parties contacting other User/third party after accessing the contact details through Site should be only for the legal purpose.
  • We appreciate hearing from our Users and welcome your comments regarding our services and the said websites. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those which we have specifically requested. While we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the “Submission”), the Submission shall be the property of Rap Fitness Equipment’s. None of the Submission shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission. Rap Fitness Equipment’s hall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to You or any other person who submitted the Submission.
  1. USER’S GRANT OF LIMITED LICENSE

Rap Fitness Equipment’s does not claim any permanent ownership of Your Material and/or contents you submit or make available for inclusion on the Service. However, in the modern age of content hosting and the propagation and streaming of content across the web, we require a limited license to host and display Your Material and content, as specified below, which lasts as long as you chose to host Your Material on the Service. For example, one purpose for this limited license is to enable Rap Fitness Equipment’s to stream and present Your Material across the said websites, Rap Fitness Equipment’s network and associate/partner sites that present Your Material – linking back to your account. This day in age, we require a limited license for Your Material in order to present it in the many places, to Users and various forms across the said websites.

The limited license below is required to allow Rap Fitness Equipment’s to host, display, organize, and propagate a User’s portfolio. By communicating with Rap Fitness Equipment’s, including submitting, posting or sending Your Material and content, a Contribution, correspondence or other information or material to Rap Fitness Equipment’s (“Your Content”), You grant Rap Fitness Equipment’s a limited license, for the period of time Your Content is published in the  systems of Rap Fitness Equipment’s, to display Your Content royalty-free, unrestricted, irrevocable, sub-licensable (through multiple tiers), non-exclusive (including any moral rights) and world-wide, across Rap Fitness Equipment’s sites and social media pages, in any search results, and in Rap Fitness Equipment’s -powered galleries and showcases and to use, copy, publicly perform, digitally perform, publicly display and distribute and disclose Your Content to other Users and to prepare derivative works of or incorporate into other works, such Your Content and to otherwise exploit the same for commercial or other purposes. In some instances, media must be reformatted for display and incorporation into Rap Fitness Equipment’s galleries. As such, during this limited license, You allow and authorize Rap Fitness Equipment’s to reproduce, modify, publish, translate, distribute, perform and display Your Content (in whole or part), and/or to incorporate it in other works in any form, media, or technology now known or later developed. Such limited license also includes incorporating a Contribution, in whole or in part, into a feature or in promotional or marketing materials (attributed properly to the User). This limited license is required for the nature of network platform of the said websites. User grants us the right to use User’s name in connection with the submitted materials and other information as well as in connection with any and all advertising, marketing and promotional material related thereto.

You also hereby grant each User of the Service a non-exclusive license to access Your Content through the Service.

You understand and agree, however, that Rap Fitness Equipment’s may retain, but not display, distribute, or perform, server copies of Your Content that have been removed or deleted.

You further agree that Content You submit to the Service will not contain third party copyrighted material, or material including personal information such as address, telephone number, fax, e-mail etc. that is subject to third party proprietary rights, unless You have permission from the rightful owner of the material or You are otherwise legally entitled to post the material and to grant Rap Fitness Equipment’s all of the license rights granted herein. You agree and undertake to provide Rap Fitness Equipment’s only such information pertaining to third persons (who may or may not be your clients) and who have authorized you to use the same in the manner set out herein above, which is authentic, correct, verified, useful, as per specifications and which is not in contravention of the provisions of any law for time being in force. You shall delete such third party information from Site immediately on your authorization/license being cancelled by the owner thereof.

You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to You the right to grant the license stated above.

BY UPLOADING CONTENT TO THE SAID WEBSITES AND/OR USING THE CONTENT YOU AGREE NOT TO VIOLATE ANY LAW, REGULATION OR AGREEMENT WITH RESPECT TO ANY THIRD PARTY RIGHTS INCLUDING INTELLECTUAL PROPERTY RIGHT WHICH MAY APPLY, AND YOU FURTHER AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, KREATIVE ENTERPRISES, IT’S OWNERS, AGENTS, OFFICERS, DIRECTORS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS ALLEGING VIOLATION OF ANY LAW, REGULATION OR SUCH AGREEMENT ASSOCIATED WITH YOUR USE OF THE SAID WEBSITES AND THE CONTENTS.

  1. INTELLECTUAL PROPERTY RIGHTS
    • You acknowledge and agree that all content including but not limited to information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials, etc. and content contained in sponsor advertisements or information presented to You through the Service or by advertisers may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
    • Thus, all content is either the copyrighted property of Rap Fitness Equipment’s, or the copyrighted content of its Users that created and submitted the content, and its affiliates or licensors or, in some cases, the content is licensed. As between Rap Fitness Equipment’s and You, Rap Fitness Equipment’s is the sole owner of all generated content on the said websites, including without limitation, all applicable Indian and non-Indian copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto.
    • All individual articles, content and other elements comprising this Service are also copyrighted works. In addition to abiding by any rights each author may have retained in connection with each such article, You must also abide by all additional copyright notices or restrictions contained in this Service.
    • Unless expressly permitted by Rap Fitness Equipment’s or advertisers, You shall not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, rent, lease, sell, or in any way exploit any part of this Service. You may use content only in accordance with the applicable laws including the Copyright and Information Technology Laws prevailing in India. In addition, the contents may not be used to construct any kind of database unless expressly permitted by the owner thereof.
    • We are concerned about the integrity of our Service when it is viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed with our Service. Neither You nor any third party shall make use of the contents of the Service in any manner that constitutes an infringement of our rights, including copyright or trademark that has not been expressly authorized by us.
    • The look and feel of the Service is copyright © 2022of Rap Fitness Equipment’s. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from Rap Fitness Equipment’s.
    • You agree not to use of the said websites to infringe the intellectual property rights of others in any way. We will terminate the accounts of any account holders, and block access to the said websites of any Users who are repeat infringers of the copyrights, or other intellectual property rights, of others. We reserve the right to take these actions at any time, in our sole discretion, with or without notice, and without any liability to the account holder who is terminated or to the User whose access is blocked.
    • Subject to the Terms of Service, we grant you a limited, revocable, and non-exclusive license to access and make non-commercial / personal use of the said website.

 

  1. LINKED SITES

You may be able to link to third parties’ sites (“Linked Sites”) from the website. Linked Sites are not, however, reviewed, controlled, or examined by Rap Fitness Equipment’s in any way and Rap Fitness Equipment’s is not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply the endorsement of Rap Fitness Equipment’s or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall Rap Fitness Equipment’s be liable, directly or indirectly, to anyone for any loss or damage caused by or in connection with use of the Linked Sites or the information or material accessed-through these Linked Sites. You should direct any concerns to that site’s administrator or webmaster. Rap Fitness Equipment’s reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Site and/or to introduce different features or links to different Users.

SPECIAL NOTICE: LINKED SITES MAY CONTAIN CONTENT AND GRAPHICS THAT MAY BE OFFENSIVE, INCLUDING BUT NOT LIMITED TO SEXUALLY EXPLICIT MATERIAL UNSUITABLE FOR MINORS. IF YOU ENTER THESE LINKED SITES, YOU ASSERT THAT YOU ARE OF LEGAL AGE IN YOUR JURISDICTION TO VIEW SUCH MATERIALS AND THAT THE VIEWING, READING, AND/OR DOWNLOADING OF CONTENT FROM THESE LINKED SITES DOES NOT VIOLATE THE COMMUNITY STANDARDS OF YOUR LOCALITY, CITY, TOWN, COUNTY, STATE, PROVINCE, COUNTRY OR OTHER COMMUNITY TO WHICH YOU BELONG, AND/OR FROM WHICH YOU ACCESS THESE LINKED SITES.

  1. DEALINGS WITH ADVERTISERS & SPONSORS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Rap Fitness Equipment’s 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 Service.

  1. PARENTAL PERMISSION

This Site is not intended for use by children under eighteen (18) years of age, and Rap Fitness Equipment’s does not knowingly collect personal information from children under eighteen years of age. Some of the available information may concern certain topics that may not be appropriate for children. Rap Fitness Equipment’s may, at its discretion, require Users under 18 to obtain the consent of a parent or guardian to view certain content, and Rap Fitness Equipment’s may limit access to certain content to Users above a specified age. You agree to abide by any such restrictions, and not to help anyone circumvent these restrictions.

  1. FORCE MAJEUR
    • Rap Fitness Equipment’s shall not be liable for failures in performance, including delay or non-shipment, resulting from acts or events beyond its reasonable control.
    • Such acts or events shall include, but shall not be limited to, acts of God, civil or military authority, civil disturbance, fire, strikes, lockouts or slowdowns, factory or labor conditions, inability to obtain necessary labor, materials or manufacturing facilities, delayed issuance of export control licenses, or other “force majeure” events beyond the reasonable control of the non-performing party.
    • In the event of such delay, the date of shipment shall, be deferred for a period equal to the time lost by reason of the delay and otherwise for a reasonable time.

 

  1. LIMITATION OF LIABILITY AND NO WARRANTY

IN NO EVENT WILL Rap Fitness Equipment’s, ITS SPONSORS, ADVERTISERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS AND ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INJURY, LOSS, CLAIM OR DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, STRICT LIABILITY OR OTHERWISE,ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEB SITE, EVEN IF RAP FITNESS EQUIPMENTS OR ITS AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE WEB SITE.

  1. The Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause including, without limitation, mechanical, electronic or communications failure or degradation.
  2. You agree not to hold the Company or any of its officers, employees, agents responsible or accountable for any of your postings.
  3. You understand and agree that the Company does not guarantee the accuracy or legitimacy of any listing, posting, information, comments, ranking, tips etc. by other Users. You further agree that we are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of the site or as a result of any Services with other users or third parties. We also cannot guarantee continuous or secure access to our Services.

THE WEBSITE, SERVICES, CONTENT, USER CONTENT AND ANY THIRD PARTY CONTENT ARE PROVIDED BY RAP FITNESS EQUIPMENTSON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, RAP FITNESS EQUIPMENTSMAKES NO WARRANTY THAT (I) THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR YOUR USE OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (III) THE QUALITY OF THE WEBSITE OR SERVICES WILL MEET YOUR EXPECTATIONS; OR THAT (IV) ANY ERRORS OR DEFECTS IN THE WEBSITE ORSERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RAP FITNESS EQUIPMENTSOR THROUGHTHE WEBSITE / CONTENTOR FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

  1. INDEMNIFICATION

You agree to indemnify, defend and hold RAP FITNESS EQUIPMENTS and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, related to your acts and omissions to act in using the RAP FITNESS EQUIPMENTS Services or; your violation of this Agreement or use of the Site or made by any third-party due to or arising out of your breach of these Terms of Service, our privacy policy or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

  1. ARBITRATION

Notwithstanding anything to the contrary contained herein, any legal controversy or legal claim arising out of or relating to this Agreement including any question regarding the existence, validity or termination of this Agreement or T&Cs or privacy policy (hereinafter Dispute), the parties shall use all reasonable endeavours to resolve such Dispute amicably. If the parties are unable to resolve the Dispute amicably within 30 days of the notice of such Dispute, Rap Fitness Equipment’s may elect to resolve any Dispute by a binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996 (hereinafter Act). Such Dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The Dispute shall be resolved by a sole arbitrator, appointed in accordance with the Act. The seat of the arbitration shall be Mumbai and the language of this arbitration shall be English. Either You or Rap Fitness Equipment’s may seek any interim or preliminary relief from a court of competent jurisdiction in Mumbai necessary to protect the rights or the property belonging to You or Rap Fitness Equipment’s (or any of our agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither You nor Rap Fitness Equipment’s may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcing the arbitration award. All administrative fees and expenses of arbitration will be divided equally between You and Rap Fitness Equipment’s. In all arbitrations, each party will bear the expense of its own lawyers and preparation. This paragraph shall survive termination of this Agreement. Subject to the foregoing, the courts of Mumbai, India shall have jurisdiction over any dispute arising hereunder.

  1. The Company specifically prohibits any other use of Site, and all Users agree not to do any of the following:
  2. Post any content on any of the said websites for any competitor of Company or posting any content that contains links to any site competitive with Company;
  3. Post content on any of the said websites that contain any hyperlinks, email addresses, HTML Tags, “hidden” keywords or any keywords that are irrelevant to the Service or are otherwise misleading and/or prohibited;
  4. Use any Company Database for any purpose other than the purposes of which the Services are provided;
  5. Post or submit to any of the said websites any incomplete, false or inaccurate biographical information or information which is not Your own or which You are not authorized to post;
  6. Post on any of the said websites any franchise, pyramid scheme, “club membership”, distributorship or sales representative agency arrangement or other business opportunity which requires an upfront or periodic payment, pays commissions only (except for postings that make clear that the available job pays commission only and clearly describes the product or service that the job seeker would be selling, in which case such postings are permissible), requires recruitment of other members, sub-distributors or sub-agents;
  7. Send unsolicited mail or e-mail, making unsolicited phone calls or send unsolicited faxes regarding promotions and/or advertising of products or services to a user of any of the said websites;
  8. Delete or revise any material posted by any other person or entity;
  9. Take any action that imposes an unreasonable or disproportionately large load on any of the said websites’ infrastructure;
  10. Notwithstanding anything to the contrary contained herein, use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search any of the said website other than the search engine and search agents available from the Company on such said websites and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer, Firefox, Safari);
  11. Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of any of the said websites;
  12. Aggregate, copy or duplicate in any manner any of the Company’s content or information available from any of the said websites; or
  13. Frame or link to any of Company’s content or information available from any of the said websites;
  14. Impersonate any person or entity or otherwise misrepresent user’s affiliation with any person or entity;
  15. You shall not attempt to or circumvent or manipulate our Fee structure, and/or the billing process. 

 

MISCELLANEOUS

  1. You understand that Company uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
  2. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Company, or any other Company’ service.
  3. We may, but have no obligation to, remove content and Accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
  4. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Company’s customer, employee, member, or officer will result in immediate account termination.
  5. You understand that the technical processing and transmission of the Service, including Your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  6. Users are also prohibited from violating or attempting to violate the security of any of the said websites, including, without limitation the following activities: (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to any of the said websites, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”; or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
  7. The failure of Company to exercise or enforce any right or provision of this Terms of Service shall not constitute a waiver of such right or provision. This Terms of Service constitutes the entire agreement between You and Company and governs Your use of the Service, superseding any prior agreements between You and Company (including, but not limited to, any prior versions of the Terms of Service).
  8. Certain areas of the said websites are subject to additional terms of use. By using such areas, or any part thereof, You agree to be bound by the additional terms of use applicable to such areas.
  9. On non conformance by users of any of the aforesaid terms, Company may in its sole discretion, restrict or terminate the offending User’s ability to access the said websites and determine whether to take any other actions whether to remove or request the removal of the User content. COMPANY has no liability or responsibility to Users for performance or non performance of such activities.
  10. In the context of the ‘alerts’ service (as and when provided) to be introduced by Company; the irrevocable consents to the use of Your personal data in the form of cellular phone number(s) and email address is being granted by You to the Company its associates and business partners to forward information. This consent shall supersede any preferences set by You with or registration done with the Do Not Disturb (DND Register)/ National Customer Preference Register(NCPR). This consent extends to emails, messages or calls relating but not limited to phone number verification.
  11. You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of the website, and supersede and govern all prior proposals, agreements, or other communications.

PAYMENT TERMS

You will find our Payment policy at www.rapfitness.in

  1. CANCELLATION AND TERMINATION OF ACCOUNT DETAILS
  2. You are solely responsible for properly cancelling Your account. An email or phone request to cancel Your account is not considered cancellation. You can cancel Your account at any time by logging into the Site.
  3. Upon cancellation, all of Your content may be deleted from the primary servers that provide the Service. This information may not be recovered once Your account is cancelled.
  4. If You cancel the Service, Your cancellation will take effect immediately.
  5. The Company, in its sole discretion, has the right to suspend or terminate Your account and refuse any and all current or future use of the Service, or any other Service, for any reason or no reason at all and at any time. Such termination of the Service will result in the deactivation or deletion of Your Account or Your access to Your Account, and the forfeiture and relinquishment of all content in Your Account. The Company reserves the right to refuse service to anyone for any reason at any time.

MODIFICATIONS TO THE SERVICE AND PRICES

  1. The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
  2. The Company shall not be liable to You or to any third party for any modification, price change, suspension or discontinuance of the Service.
  3. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and you are charged. If you are already charged for the purchase and your order is cancelled, we shall refund the amount of the charge. 

TERM AND TERMINATION

These Terms of Service will remain in full force and effect while You are a User of the said websites at any level. The Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of Your content from the said websites and immediate termination of Your registration with or ability to access the said websites and the other and/or any other services provided to You by the Company, upon any breach by You of these Terms of Service or if the Company is unable to verify or authenticate any information You submit to Company registration.

Company may terminate Your access to the said website and/or Your membership for any reason effective upon sending notice to You at the email address You provide in Your application for membership or such other email address as You may later provide to Company. If Company terminates Your membership in the Service because You have breached the Agreement, You will not be entitled to any refund of any unused fees.

Even after You are no longer a User of Company, certain provisions of these Terms of Use will remain in effect.

   20.SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

   21.PRIVACY POLICY

Information about You is subject to our Privacy Policy. For more information, see our full privacy policy at www.rapfitness.in

  1. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this agreement. You shall have no authority to bind Rap Fitness Equipment’s in any manner whatsoever.
  2. If you have any questions regarding these Terms and Conditions, please email us at info@rapfitness.in

   24.GRIEVANCE

In case if you have any grievance, you can reach us at:  

Email: info@rapfitness.in

  1.  25. CONFIGURATIONS AND MINIMUM ESSENTIALS

Company does not expressly recommend any particular software, operating system, application to use and access this Website. If for any particular reason, the Website does not open or is unable to be displayed in full in the Visitor’s computer, then the Company shall not be held liable for any act, omission or commission that may occur because of the same. It shall be your responsibility and liability to keep your computer in consonance with the latest standards so as to access this site; though latest standards cannot be defined or categorized.

The company also reserves the right to change the software and hardware which is required to gain access to the Website without prior notice to the User and it shall not be the responsibility of Company if the User computer system is incompatible with the software and hardware changes. The Software may require an internet connection to access the Software or its internet-based features, authenticate the Software, or perform other functions. In order for certain features of the Software to operate properly, you may be required to have and maintain an adequate internet connection. 

By using the Services of the said website, You unconditionally and irrevocably confirm that You have read the above provisions and agree to abide by them.