All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content at FITKUBE, as well contained on FITKUBE is owned, controlled or licensed by or to BudgetFit , and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
3. ACCESSING THE APPLICATION FOR ENTERING FITKUBE AND ACCOUNT SECURITY
We reserve the right to withdraw or amend FITKUBE, and any service or material provided on FITKUBE, would be the sole discretion without notice. We will not be liable if for any reason all or any part of FITKUBE is unavailable at any time or for any period. From time to time, we may restrict access to some parts of FITKUBE, or the entire App, to users, including registered users.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to FITKUBE using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
4. PURCHASES; OTHER TERMS AND CONDITIONS
BudgetFit’s obligations, if any, about its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this App should be construed to alter such agreements.
BudgetFit may make changes to any products or services offered on FITKUBE, at any time, without notice. The materials on FITKUBE concerning products and services may be out of date, and BudgetFit does not commit to update the materials on FITKUBE concerning such products and services.
5. REGISTRATION, USER NAMES AND PASSWORDS:
You may be required to register with BudgetFit to accessFITKUBEthrough App. Concerning any such registration, BudgetFit may refuse to grant you, and you may not use, a user name (or e-mail address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that personally identifies you; that violates the intellectual property or other rights of any person; that is offensive; or that BudgetFit rejects for any other reason in BudgetFit ’s sole discretion.
Your user name and password are for your personal use only, and not for use by any other person. You are responsible for maintaining the confidentiality of any password you may use to access FITKUBE, and agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to FITKUBE, to any third party. You are fully responsible for all interaction with FITKUBE that occurs in connection with your password or user name. You agree to notify BudgetFit immediately of any unauthorized use of your password or user name or any other breach of security related to your account or FITKUBE, and to ensure that you “log off”/exit from your account with FITKUBE (if Applicable) at the end of each session. BudgetFit is not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
6. PROPRIETARY RIGHTS.
The information and materials made available through FITKUBE, including the Software, are and shall remain the property of BudgetFit, its subsidiaries, affiliates, licensors and/or suppliers, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws. Subject to your compliance with these Terms, solely for so long as you are permitted by BudgetFit to access and use FITKUBE, and provided that you keep intact all copyright and other proprietary notices, you may (a) view any content on FITKUBE to which we provide you access hereunder on any single computer solely for personal, informational, non-commercial purposes, and (b) download and print one (1) copy of materials that BudgetFit specifically makes available for downloading (such as white papers) (the “Documents”) from this App solely for personal, informational, non-commercial purposes, provided that the Documents may not be modified or altered in any way.
You may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, rent, lease, modify, loan, sell, distribute, or create derivative works based (whether in whole or in part) on, FITKUBE or any information from this App, in whole or in part, without the express prior written authorization of BudgetFit. Elements of FITKUBE are protected by copyright, trade dress, trademark, unfair competition, and/or other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound, or image from FITKUBE may be copied or retransmitted unless expressly permitted in writing by BudgetFit. Nothing contained on FITKUBE should be construed as granting, by implication, estoppels or otherwise, any license or right to use any of BudgetFit ’s or its affiliates’ or suppliers’ trade names, trademarks or service marks without BudgetFit ’s express prior written consent.
BudgetFit make no representations about FITKUBE, any products and services contained on FITKUBE or the suitability of the information contained in the materials, information, content, documents, and related graphics published on this App for any purpose. FITKUBE, any products or services (including without limitation, third party products and services) obtained through FITKUBE, and all such information, content, documents, and related graphics are provided for your use at your own risk and “as is” without warranty of any kind. BUDGETFIT AND/OR ITS AFFILIATES, SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS ABOUT THIS APP, SUCH PRODUCTS AND SERVICES AND SUCH INFORMATION, CONTENT, DOCUMENTS, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
The above disclaimer Applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
BudgetFit reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of the FITKUBEor access to FITKUBE, or any portion of FITKUBE, for any reason; (2) to modify or change FITKUBE, or any portion of FITKUBE, and any Applicable policies or terms; and (3) to interrupt the operation of FITKUBE, or any portion of FITKUBE, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
8. LIMITATION OF LIABILITY
In no event shall BudgetFit be liable for any special, indirect, exemplary, incidental, consequential or punitive damages or any damages whatsoever resulting from loss of use, data, or profits, loss of other intangibles, loss of security of information you have provided in connection with your use of FITKUBE, or unauthorized interception of any such information by third parties, whether in an action of equity, contract, negligence, or other tortuous action, arising out of or in connection with the use or performance of FITKUBE, any products and services available through FITKUBE, any software, information, content, documents, related graphics, provision of or failure to provide services available from or through this App, even if advised in advance of such damages or losses. In particular, and without limitation, BudgetFit and/or will not be liable for damages of any kind resulting from your use of or inability to use FITKUBE or from any software and/or other content posted on FITKUBE by BudgetFit or any third party. Your sole and exclusive remedy for dissatisfaction with FITKUBE is to stop using FITKUBE. The maximum liability of BudgetFit for all damages, losses and causes of action, whether in contract, tort (including without limitation negligence) or otherwise, shall be the total amount, if any, paid by you to BudgetFit to access and use FITKUBE.
FITKUBE, the products and services available through FITKUBE and the information, content, software, documents, and related graphics published on this App could include technical inaccuracies, errors, or omissions. Changes may be periodically added to the information herein. BudgetFit , but are not obligated to, make improvements and/or changes in FITKUBE, the products and services available through FITKUBE and the information, service(s), software, product(s), and/or the program(s) described herein at any time.
Nothing shall limit BudgetFit’s liability to you in the event of death or personal injury resulting from BudgetFit’s proven negligence, or fraudulent misrepresentation, or concealment, or for any other liability which cannot be excluded by Applicable laws.
You shall defend or settle at your sole expense any claim or suit, including without limitation any proceeding, investigation or claim by a self-regulatory organization, state or securities agency or commission, (collectively, an “Action”) against BudgetFit , (an “Indemnity”) to the fullest extent permitted by law arising out of or in connection with: (1) an assertion that the information, content, or other materials or services provided or made available by you, or the use thereof, may infringe any copyright, trademark, or other intellectual property rights of any individual or entity, or are a misappropriation of any individual or entity’s trade secret, or contain any libellous, defamatory, disparaging, pornographic, or obscene materials; (2) any breach by you of your obligations under these Terms; (3) your unlawful and/or unauthorized use of, or activities in connection with this App, including the information, content, services, and/or products provided on FITKUBE; and (4) any Submission provided by you in a Forum. You shall indemnify and hold harmless the Indemnity from and against any damages, costs, liabilities, incurred in defending and/or resolving such Action. The foregoing indemnities shall survive expiration or termination of these Terms.
Notices to BudgetFit under these Terms shall be sufficient only if in writing and transmitted via personal delivery or delivered by a major commercial rapid delivery courier service or by certified or registered mail, return receipt requested, to:
BudgetFit, Attention: Legal Department, (#15,K #126 Ground Flr,2nd Block 3rd Main Om Shakti Layout,Ayyappa Nagar, KR Puram Bengaluru Bangalore KA 560036 IN) Notices to you may be made via posting to FITKUBE, by e-mail, or by regular mail, in BudgetFit’s discretion. FITKUBE may also provide notices of changes to these Terms or other matters by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of these Terms and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
12. PROTECTION OF CONTENT
During the term of this TERM OF USE, BudgetFit will use commercially reasonable standards and practices to back up and protect Content. Notwithstanding the foregoing, BudgetFit makes no warranties or representations regarding its back-up practices, and does not warrant that it will be able to restore any lost or damaged Content or other data. Customer acknowledges that no network security procedures can assure complete network security or prevent all unauthorized access to FITKUBE and will immediately notify BudgetFit of any known security breaches.
13. INTELLECTUAL PROPERTY RIGHTS
FITKUBE and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print one copy of a reasonable number of pages of FITKUBE for your own personal, non-commercial use and not for further reproduction, publication or distribution.
- If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
You must not:
- Modify copies of any materials from FITKUBE.
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from FITKUBE.
You must not access or use for any commercial purposes any part of FITKUBE or any services or materials available through FITKUBE.
If you wish to make any use of material on FITKUBE other than that set out in this section, please address your request to email@example.com.
The Company name and trademarks, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on FITKUBE are the trademarks of their respective owners.
Exceptions: Confidential Information shall not include Confidential Information that from and after the date of disclosure: (i) is or becomes a matter of public knowledge through no fault of the Receiving Party; or (ii) was rightfully in the Receiving Party’s possession before receipt from the Disclosing Party free of any obligation of confidence, as shown by Recipient’s written records; or (iii) was rightfully disclosed to the Receiving Party by another person without restriction as to use or disclosure; or (iv) is independently developed by the Receiving Party without use of or reference to the Disclosing Party’s Confidential Information as shown by Receiving Party’s written records.
15. EFFECT OF TERMINATION/EXPIRATION.
BudgetFit may disclose any information about the customer (including identity) if it is determined that such disclosure is necessary in connection with any investigation or complaint regarding use of FITKUBE, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) BudgetFit ’s rights or property, or the rights or property of visitors to or users of FITKUBE, including BudgetFit ’s customers. BudgetFit reserves the right at all times to disclose any information that BudgetFit deems necessary to comply with any applicable law, regulation, legal process or governmental request. BudgetFit also may disclose your information when BudgetFit determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You agree that BudgetFit may, in its sole discretion and without prior notice, terminate your access to FITKUBE, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of FITKUBE or any service offered on or through FITKUBE, or (4) unexpected technical issues or problems.
17. ENTIRE AGREEMENT.
18. GENERAL PROVISIONS.
Neither party will be liable for any loss, damage or penalty resulting from delays or failures in performance resulting from acts of God, war, pandemics-epidemics, terrorism or terrorist act, civil unrest, strikes, lockouts or other labour disturbances, failure or interruption of a third party internet connection(s) or infrastructure, or other causes beyond the non-performing party’s reasonable control and not caused by the negligence of the non-performing party.
FITKUBE may contain links to third-party Web sites or services that are not under the control of BudgetFit. When Customer and/or Users access a non-BudgetFit Web site or non-BudgetFit services, Customer and/or Users do so at its own risk and BudgetFit is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these Web sites; or for the quality of any products or services available on such Web sites; or any such third-party services or for any damage or loss caused or alleged to be caused through or in connection with use of or reliance on the content, goods, or services available on or through any such link, site, service or resource. Customer and/or Users may use third-party applications to access App via published API’s and protocols, but Customer and/or Users are solely responsible for such use.
19. GOVERNING LAW; FORUM.
If you have an existing contractual relationship with BudgetFit , the governing law and forum concerning any disputes arising under or in connection with these Terms (including any of our policies referred to herein) and/or FITKUBE will be the law and forum outlined in your existing contract with BudgetFit . If you have more than one existing contract with BudgetFit , the governing law and forum concerning any disputes arising under or in connection with these Terms (including any of our policies referred to herein) and/or FITKUBE will be the law and forum outlined in your most recent contract with BudgetFit .
If you do not have an existing contractual relationship with BudgetFit , then (a) you agree to the non-exclusive jurisdiction of courts in Bangalore, Indiafor any action or proceeding arising out of or related to these Terms; and (b) except to the extent expressly provided in the following paragraph, any disputes arising under or in connection with these Terms (including any of our policies referred to herein) and/or FITKUBE shall be governed by and construed following the laws of the jurisdiction of courts in Bangalore, India(or laws of India) without regard to applicable conflict of law provisions.
Nothing herein shall be deemed to constitute consent by BudgetFit to the jurisdiction of any court or other forum of any country to resolve any dispute hereunder (other than an appropriate jurisdiction of courts in Bangalore, India(or laws of India).
20. FEEDBACK & INFORMATION
Any feedback you provide at this App shall be deemed to be non-confidential. BudgetFit shall be free to use such information on an unrestricted basis.
The information contained in this WebSite& App is subject to change without notice.
All Copyright and Trademark Information.
The Postal Address for communication.
Mailing Address: #15, K #126 Ground Flr, 2nd Block 3rd Main Om Shakti Layout,
Ayyappa Nagar KR Puram Bengaluru
Bangalore KA 560036 IN