Terms and Conditions

TERMS AND CONDITIONS

1. PREAMBLE AND ACCEPTANCE
   Please read these Terms and Conditions (“Terms”) carefully before registering, accessing, browsing, downloading, or using the mobile application and website (collectively, the “Platform”) operated for the purpose of buying and selling Bicycles, Fitness & sports-related products under the name FITNETER. These Terms constitute a binding legal agreement between you and the operator of the Platform.
   Fitneter Technology Private Limited, a private limited company incorporated under the Companies Act, 2013, with its registered office in Kolkata, West Bengal and operations in Agartala, Tripura (hereinafter referred to as “Fitneter”, “We”, “Us”, or “Our”), operates the mobile application and website branded as “FITNETER”.
   “You”, “Your”, or “User” refers to any individual, organization, or legal entity accessing the Platform, including:
2. “Customers”: Users browsing inventories and purchasing products.
3. “Vendors”: Independent third-party Bicycles, Fitness & sports shops/retailers listing and selling products.
   1.1 Agreement to Terms
   By registering for an Account, accessing, browsing, downloading, or otherwise using the Platform in any manner, or by clicking any button or checkbox labeled “I AGREE”, “ACCEPT”, “SUBMIT”, or similar, you expressly acknowledge that you have read, understood, and agree to be bound by these Terms and all policies incorporated by reference (including the Privacy Policy, Refund Policy, and Disclaimer). These Terms form a legally enforceable contract between you and Fitneter Technology Private Limited. If you do not agree to these Terms in full, you must immediately stop using the Platform and refrain from creating an Account.
   1.2 Electronic Consent and Record
   You consent to the use of electronic records and electronic signatures in connection with your use of the Platform and any transactions or communications conducted through it. You agree that any electronic record, including these Terms, communications, invoices, confirmations, and notices, satisfy any legal requirement that such communications be in writing. You further agree that the Platform’s records, logs, and databases constitute conclusive evidence of the transactions and communications between you and Fitneter, subject to applicable law.
   1.3 Authority to Bind Third Parties
   If you register or use the Platform on behalf of an organization, company, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In such cases, the terms “you” and “User” include both you personally and the entity on whose behalf you act.
   1.4 Changes to Terms
   We may modify these Terms from time to time. Material changes will be communicated to you via the Platform, email, or other contact information you provided. If you continue to use the Platform after we post or send notice of changes, you will be deemed to have accepted the revised Terms.
4. DEFINITIONS
   ● “SERVICES”: Shall include all services provided by Fitneter, including but not limited to: listing of Bicycles, Fitness & sports products, facilitating payments via the App’s billing software, calculating distance-based delivery fees, routing orders to Vendors, and any ancillary features offered through the Platform.
   ● “TRANSACTION”: Shall mean an electronic financial transaction undertaken using the billing software and payment gateways integrated into the Platform.
   ● “DELIVERY FEE”: Means the charge payable by the User for the delivery of products, calculated dynamically based on the distance between the Vendor’s store and the User’s delivery location.
   ● “PLATFORM FEE”: The convenience fee charged by Fitneter for the use of the technology infrastructure.
   ● “USER CONTENT”: Means any text, images, photos, names, reviews, ratings, inventory data, or other materials that you submit, upload, or provide to the Platform.
   ● “PROCESSING MECHANISM”: Refers to the payment mechanism through the internet or such other mode of payment and settlement as may be notified by Fitneter, including IMPS, NEFT, RTGS, UPI, and Debit/Credit Cards.
   ● “ACCOUNT”: Refers to the user account created on the Platform or a bank account in the name of the Payer or Beneficiary maintained with an Issuing Bank or Beneficiary Bank, as applicable.
5. ELIGIBILITY
   To use or access the Platform you must have the legal capacity to enter into a binding contract under applicable law.
6. Age: You confirm that you are at least 18 years of age. If you are under 18, you must not register for or use the Platform; any use by a minor is permitted only where a parent or legal guardian has registered and consents to the
   minor’s use.
7. Accuracy: All information you provide during registration (including names, contact details, and GPS location) is true, accurate, complete, and belongs to you. You agree to promptly update your Account information to keep it current.
8. KYC Compliance: Where the Platform requests identity verification, KYC, or other supporting documents (especially for Vendors), you consent to provide such documents. Failure to provide requested verification may result in suspension of Services.
9. Suspension: You are not barred, suspended, or otherwise legally prohibited from accessing or using the Platform under the laws applicable to you.
10. THE MARKETPLACE MODEL & SCOPE
    4.1 Marketplace Facilitator Role
    Fitneter acts solely as a technology facilitator (marketplace) that connects Users with independent local Vendors. We are not the seller, manufacturer, or stocking retailer of the products. The contract for the sale of goods is strictly between the Customer and the Vendor. Fitneter is not responsible for the manufacturing quality or warranty of the Bicycles, Fitness & sports equipment, which remains the responsibility of the Vendor/Manufacturer.
    4.2 Account Security
    You are solely responsible for maintaining the confidentiality of your Account credentials (including login ID and password) and for all activity that occurs under your Account. You agree to notify us immediately if you suspect any unauthorized use of your Account. We will not be liable for losses arising from any unauthorized use of your Account unless caused by our gross negligence.
    4.3 Payment Authorization
    By accepting these Terms, you expressly authorize Fitneter to hold, receive, disburse, and settle funds on your behalf to facilitate the delivery of Services. This permits us to receive payments from Customers into a designated nodal/escrow account for processing and settlement to Vendors.
11. CUSTOMER OBLIGATIONS (BILLING & PAYMENTS)
    5.1 Mandatory App Billing
    To ensure transparency and security, all billing for products discovered or ordered via the Fitneter Platform must be processed through the Fitneter App’s billing software. You agree not to bypass the Platform to pay Vendors directly in cash for orders initiated on the App, as this voids any customer protection we offer.
    5.2 Pricing Components
    The total amount payable by you includes:
12. Product Price: As set by the Vendor.
13. Platform/Convenience Fee: Charged by Fitneter for the use of the technology.
14. Delivery Charges: Calculated dynamically based on distance.
15. Taxes: Applicable GST and other statutory levies.
    5.3 Payment Processing
    We accept payment methods such as UPI, Credit/Debit cards, and Net Banking via government-authorized payment gateways. Fitneter collects the payment on behalf of the Vendor (acting as a collection agent) and settles it with the Vendor after deducting applicable fees.
16. VENDOR OBLIGATIONS (DELIVERY & LOGISTICS POLICY)
    This section governs the operational responsibilities of Vendors registered on the Platform.
    6.1 Delivery Model: Vendor-Managed Fulfillment
    Fitneter operates on a Hyperlocal Marketplace Model where the Platform provides the technology and leads, but You (the Vendor) are solely responsible for the physical fulfillment of the order.
    ● No Platform Fleet: Fitneter does not provide delivery personnel or vehicles.
    ● Vendor Fleet: You must utilize your own staff, vehicle, or a third-party local courier to deliver the products.
    6.2 Service Level Agreement (SLA)
17. Dispatch Timeline: Standard Orders must be packed and dispatched within 24 hours of receiving the order notification on the App.
18. Same-Day Delivery: If enabled, orders received before 4:00 PM must be delivered by 8:00 PM on the same day.
19. Operational Hours: You must keep your “Store Status” updated on the App. If you are unable to fulfill deliveries (e.g., due to staff shortage or holidays), you must mark your store as “Offline” or “Pickup Only” to prevent customers from placing delivery orders.
    6.3 Distance-Based Delivery Charges
    ● Automated Calculation: The App uses GPS integration to calculate the distance between Your Shop and the Customer’s Address.
    ● Vendor Acceptance: You agree that the delivery fee displayed on the Order Screen is final. You accept this amount as full compensation for your logistics cost.
    ● Prohibited Surcharges: You are strictly prohibited from demanding extra cash or “tips” from the Customer at the doorstep.
    ● GPS Disputes: If the GPS location was inaccurate and the actual distance was
    significantly longer (>2km difference), You must deliver the product first and then raise a claim with Fitneter Support. Do not harass the Customer.
    6.4 Delivery Protocols
20. Proof of Delivery (OTP): Upon reaching the customer’s location, delivery personnel MUST enter the Customer’s OTP (One-Time Password) into the Vendor App to mark the order as “Delivered.” Handing over items without OTP verification is done at Your sole risk.
21. Packaging: Products must be delivered in safe, weather-proof packaging. Bicycles must be fully assembled and tuned (unless sold as “Box Packed”).
22. Invoice: A physical copy of the invoice generated via the Fitneter Billing Software must be handed over.
    6.5 Personnel Conduct
    You are responsible for the behavior of your delivery staff. Staff must be polite, professional, and follow traffic rules. Using Customer data for personal use, harassment, or stalking is a criminal offense and will lead to immediate legal action and platform ban.
23. SELF-PICKUP (CLICK AND COLLECT)
    Alternatively, Customers may choose the “Self-Pickup” option to avoid delivery charges.
24. Process: The Customer must complete billing/payment on the App first.
25. Vendor Obligation: You must physically set aside the item immediately upon order confirmation to prevent walk-in sales. You agree to hold the item for a minimum of 48 hours (or as specified in the App) before cancelling as “Customer No-Show.”
26. Collection: The Customer must visit the store, present the Order ID/Invoice, and collect the product. Verification is mandatory.
27. THIRD-PARTY TERMS AND CONDITIONS
    You acknowledge that the Platform acts as a facilitator for certain third-party services (e.g., Payment Gateways, Maps, SMS Providers).
28. No Endorsement: A link to a Third-Party Site or Service does not constitute an endorsement. You access such services at your own risk.
29. Service Failures: Fitneter disclaims liability for any loss, delay, or damage caused by third-party service failures (e.g., Banking Network Downtime preventing a payment).
30. Map Data: Delivery calculations rely on third-party Map APIs. We do not guarantee the absolute accuracy of map data or GPS coordinates.
31. INTELLECTUAL PROPERTY RIGHTS
    All materials, software, text, graphics, logos, icons, and designs (excluding third-party Vendor product images) on the Platform are the exclusive property of
    Fitneter Technology Private Limited and are protected by Indian copyright and trademark laws.
    ● User License: We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for its intended purpose.
    ● Prohibitions: You must not copy, reverse-engineer, decompile, or create derivative works of the Platform.
    ● User Content License: By submitting User Content (reviews, photos, inventory), you grant Fitneter a worldwide, royalty-free, transferable license to use, display, and distribute such content for the purpose of operating and promoting the Platform.
32. INDEMNIFICATION
    You agree to indemnify, defend, and hold harmless Fitneter Technology Private Limited, its founders, directors, employees, agents, and licensors from and against any and all claims, demands, actions, liabilities, losses, damages, costs, and expenses (including legal fees) arising out of:
33. Your breach of these Terms or the Privacy Policy.
34. Your violation of any applicable law or third-party right.
35. For Vendors: Disputes between you and your employees/delivery staff; or injuries/damages to Customers caused by defective products or delivery negligence.
36. For Customers: Fraudulent transactions or misuse of the Platform.
37. LIMITATION OF LIABILITY
    To the fullest extent permitted by law, Fitneter shall not be liable for:
38. Indirect Damages: Any indirect, incidental, special, consequential, or punitive damages (including loss of profit, goodwill, or data).
39. Product Liability: Any injury, damage, or loss caused by a defective Bicycles, Fitness & sports product. The liability rests solely with the Manufacturer/Vendor.
40. Delivery Failures: Any loss arising from the Vendor’s failure to deliver on time.
41. Force Majeure: Events beyond our reasonable control, including acts of God, strikes, network outages, or pandemics.
    Aggregate Liability: Our total aggregate liability to you for any claim arising out of these Terms shall not exceed the Platform Fees actually paid by you for the specific transaction giving rise to the claim.
42. TERMINATION
    Fitneter may, at its sole discretion, suspend or terminate your Account and access to the Platform if1
43. You breach these Terms.
44. You provide false or misleading information.
45. For Vendors: You engage in fraudulent activity (e.g., fake orders), have a high cancellation rate, or fail to meet delivery SLAs.
46. For Customers: You engage in abusive behavior or misuse the refund policy. Upon termination, all rights granted to you will immediately cease. Provisions regarding Indemnification, Liability, and IP Rights shall survive termination.
47. FORCE MAJEURE
    Fitneter shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Fitneter’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference), acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
48. GOVERNING LAW AND JURISDICTION
    These Terms are governed by the laws of India. You agree that any claim or dispute you may have against Fitneter Technology Private Limited shall be brought exclusively before the courts located in Kolkata, West Bengal, and you hereby submit to the exclusive jurisdiction of those courts.
49. CONTACT INFORMATION
    If you have questions about these Terms, wish to report a breach, or have a grievance, please contact us at:
    ● Email: mail.fitneter@gmail.com
    ● Website: www.fitneter.com
    ● Address: Fitneter Technology Pvt Ltd, Kolkata, West Bengal / Agartala, Tripura.