This website and/or its mobile sites and applications (the “Site”) is owned and operated by Brainchild Technologies and/or its subsidiaries or affiliates (“Company”). These Terms of Use (“Terms of Use”) apply to your use of this Site. Your use of this Site is governed by the Privacy Policy which is incorporated herein by reference.
Throughout the Site, the terms “we,” “us” and “our” refer to Company. Company offers this Site, including all information, tools and services available on this Site, to you, the user, conditioned upon your acceptance of these Terms of Use. Your continued use of this Site constitutes your agreement to these Terms of Use. If you do not wish to be bound by these Terms of Use, please do not use this Site.
Your use of the Site is voluntary. It is your choice whether to participate or not. You may terminate your use at any time and for any reason. If for any reason you believe that your use is anything but voluntary, please terminate all use of the Site.
You represent that all of the information, data and other materials you provide on this Site or to Company through any other means are true, accurate, current and complete. You are responsible for updating and correcting the information you have provided on this Site, as appropriate.
A copy of the Privacy Policy that applies to the collection, use, disclosure and other processing of personal information on this Site is located at Company Privacy Policy. You consent to any personal information we obtain about you (either via this Site, by email, telephone or any other means) being collected, stored and otherwise processed.
You may enable or log in to the Site via various online third-party services, such as social media and social networking services like Facebook or Twitter ("Social Networking Services"). To take advantage of these features and capabilities, we may ask you to authenticate, register for, or log into Social Networking Services on the websites of their respective providers. As part of this integration, the Social Networking Services will provide us with access to certain information you have provided to them, and we will use, store, and disclose such information in accordance with our Privacy Policy.
Please remember the way Third Party Services (including Social Networking Services) use, store, and disclose your information is governed solely by the policies of those Third Party Services, and we have no liability or responsibility for the privacy practices or other actions or inactions of any third-party website or service that may be enabled within the Site. In addition, we are not responsible for the accuracy, availability, or reliability of any information, content, goods, data, opinions, advice, or statements made available in connection with Social Networking Services.
The information provided by Company on the Site is for purposes of improving your wellness and athletic performance only and is not intended to provide medical advice, diagnosis, or treatment. Your interactions with the Company and the Site are not intended to create, nor do they create, any doctor-patient relationship. You should seek the advice of a physician or other qualified health provider with whom you have such a relationship if you have questions regarding any medical or psychiatric condition.
You should not ignore professional medical advice or delay in seeking it because of the Company, the Site, or any recommendations contained therein. Furthermore, you should not interpret the Company’s recommendations or any other communications from the Company or the Site as recommending any specific treatment plan, product, or course of action. All statements and recommendations contained herein have not been evaluated by the Food and Drug Administration.
The Site may include features that promote physical activity. Consider the risks involved and consult with your medical professional before engaging in any physical activity. Company is not responsible or liable for any injuries or damages you may sustain that result from your use of, or inability to use, the features of the Site. The products sold by the Company (“Products”) are not medical devices.
Company may, in its sole discretion, choose to not process or to cancel your order in certain circumstances. This may occur, for example, when the product or service you wish to purchase is out of stock or has been mispriced, we suspect the request is fraudulent, or in other circumstances Company deems appropriate in its sole discretion. Company also reserves the right, in its sole discretion, to take steps to verify your identity to process your order. Company will either not charge you or refund the charges for orders that we do not process or cancel. Without limiting the foregoing, Company reserves the right to: (i) revoke any stated offer; (ii) correct any errors, inaccuracies, or omission; and (iii) make changes to prices, content, promotion offers, product descriptions or specifications, or other information without obligation to issue any notice of such changes (including after an order has been submitted, acknowledged, shipped, or received, except as prohibited by law).
Company attempts to provide accurate descriptions of products and services on the Company Sites. Company does not warrant, however, that the descriptions are accurate, complete, reliable, current, or error-free. If a product or service offered on the Company Sites is not as described, your sole remedy is to return the item, as specified in these Terms of Membership.
The Company Sites may offer a quick view type feature for various products. This feature allows you to view price information about the product and add the product to your cart without opening the product page. The quick view feature and this "add to cart" feature are offered for your convenience only. The product page is where you will find more detailed information about a product, its source, features, and pricing.
Company strives to provide accurate pricing information regarding the products and services available on the Company Sites. We cannot, however, ensure against pricing errors. Company reserves the right, at its sole discretion, to not process or to cancel any orders placed for a product or service whose price was incorrectly posted on the site as a result of an error. If this occurs, Company will notify you by email. In addition, Company reserves the right, at its sole discretion, to correct any error in the stated full retail price.
You must provide a valid credit card number when you order a product or service from the Site. You represent and warrant that you are authorized to use such a credit card, and you agree to pay all charges incurred using your account. You agree that we may pass your credit card information and related personally identifiable information to our designated service provider(s) for their use in charging you for the products or services ordered by you. All charges are exclusive of sales and other taxes and you are responsible for payment of any applicable taxes (other than taxes on Company income). We reserve the right to accept or reject orders for any reason. Price and availability of any service are subject to change without notice.
The Company Sites may contain information regarding the availability of merchandise. This information can be used to estimate the likelihood that an item will be shipped immediately after you place your order. Unfortunately, Company cannot guarantee that an item listed as “in stock” will actually ship right away, as inventory can change significantly from day to day. In rare cases, a product or service offering may be in stock when a customer places the order, and sold out by the time Company attempts to process the order. Should this happen, Company will notify you by email. Service offerings that are out of stock generally are no longer available. If Company determines that a product or service you wish to purchase is no longer available, the item will be canceled from your order. Company will notify you by email and delete the item from the Company Sites.
We have made every effort to display as accurately as possible the colors of our products that appear at the Site. We cannot guarantee that your computer monitor's display of any color will be accurate.
Success stories posted by users on our Site may not represent typical or even accurate results obtained from any particular fitness activity or diet. To the extent permitted by applicable law, Company has no and assumes no obligation or liability associated with the accuracy, reliability, or effectiveness of any activity or recommendation contained in any user success stories.
All content available through this Site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code, and software, as well as the selection and arrangement thereof) is the exclusive property of and owned by Company, its licensors, or its content providers, and is protected by copyright, trademark, and other applicable U.S. and foreign laws.
Company grants you a limited license to access and make personal use of this Site. Unless indicated to the contrary, you may access, copy, download, and print the content available on this Site for your personal, non-commercial use, provided you do not modify or delete any copyright, trademark, or other proprietary notices that appear in the content. Company or its licensors or content providers retain full and complete title to the content available on the Site, including all associated intellectual property rights, and provide this content to you under a license that is revocable at any time in Company’s sole discretion.
Company strictly prohibits any other use of any content available through the Site, including but not limited to:
You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Site. You may not bypass any measures that have been implemented to prevent or restrict access to this Site. Any unauthorized access to the Site by you (including any such access or use that involves in any way an account you may establish on the Site or any device you may use to access the Site) shall terminate the permission or license granted to you by Company.
Company reserves the right to refuse or cancel any person’s registration for this Site, remove any person from this Site and prohibit any person from using this Site for any reason whatsoever, and to limit or terminate your access to or use of the Site at any time without notice. Company neither warrants nor represents that your use of the content available on this Site will not infringe rights of third parties not affiliated with Company. Termination of your access or use will not waive or affect any other right or relief to which Company may be entitled, at law or in equity.
You acknowledge that you are responsible for any content you may submit through the Site, including the legality, reliability, appropriateness, originality and copyright of any such content. You may not upload to, distribute or otherwise publish through this Site any content that:
You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. Some features that may be available on this Site require registration. By registering, you agree to provide true, accurate, current and complete information about yourself.
This Site may contain links to other websites or resources that are operated by third parties not affiliated with the Company and also links to our website may be featured on other websites and mobile applications which are not under the control of the Company. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Such links do not imply or should not be viewed as an endorsement of, sponsorship of, or affiliation with a linked site or a host site and/or mobile application by the Company. Different terms and conditions and privacy policies may apply to your use of linked sites or resources. The Company is not responsible or liable, directly or indirectly, for any damage, loss or liability caused or alleged to be caused by or in connection with any use of or reliance on any such content, products or services available on or through any such linked site or resource.
If you provided us with your mobile phone number, you must have a text messaging-enabled mobile device with a text messaging plan in order to receive text messages from us. This service is free from Company but charges from your carrier for text, data or other usage may apply and you are responsible for all such charges.
Except as otherwise expressly provided in these terms of use or the terms of service or terms of membership, and to the fullest extent permissible by applicable law, the company makes no representations, covenants or warranties and offers no other conditions, express or implied, regarding any matter, including, without limitation, the merchantability, suitability, fitness for a particular use or purpose, or non-infringement of company membership, any content on the sites, or any products or services purchased through the company sites, as well as warranties implied from a course of performance or course of dealing.
Your use of this site is at your sole risk. The site and the materials, information, services, and products on this site are provided on an “as is” and “as available” basis. We reserve the right to restrict or terminate your access to the site or any feature or part thereof at any time. The company disclaims any warranties that access to the site will be uninterrupted or error-free; that the site will be secure; that the site or the server that makes the site available will be virus-free; or that information on the site will be correct, accurate, adequate, useful, timely, reliable, or otherwise complete. If you download any content from this site, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such content. No advice or information obtained by you from the site shall create any warranty of any kind.
In certain jurisdictions, the law may not permit the disclaimer of warranties, so the above disclaimer may not apply to you.
The providers whose products and services are available on the company sites are independent contractors and not agents or employees of the company. The company is not liable for the acts, errors, omissions, representations, warranties, breaches, or negligence of any such service providers, nor for any personal injuries, death, property damage, or other damages or expenses resulting from them.
You acknowledge and agree that you assume full responsibility for your use of the site, communications with third parties, and purchase and use of the products and services available through the company sites. You acknowledge and agree that any information you send or receive during your use of the site may not be secure and may be intercepted by unauthorized parties. You acknowledge and agree that your use of the site is at your own risk and that the site is made available to you at no charge.
Recognizing such, you acknowledge and agree that, to the fullest extent permitted by applicable law (including, without limitation, consumer protection law), neither the company nor its licensors, suppliers, or third-party content providers (“company group”) will be liable for any direct, indirect, punitive, exemplary, incidental, special, consequential, or other damages arising out of or in any way related to:
It is the responsibility of the user to evaluate the accuracy, completeness, or usefulness of any opinion, advice, or other content available through the site, or obtained from a linked site or resource. This disclaimer applies, without limitation, to any damages or injury arising from any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, file corruption, communication-line failure, network or system outage, loss of profits by you, or theft, destruction, unauthorized access to, alteration of, loss or use of any record or data, and any other tangible or intangible loss.
You will indemnify and hold harmless Company Group from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys’ and experts’ fees), incurred by Company Group and such parties, and shall defend Company Group and such parties against any and all claims arising out of:
Company Group will control the defense of any claim to which this indemnity may apply, and in any event, you shall not settle any claim without the prior written approval of Company Group.
From time to time, Company may offer special promotional offers that may or may not apply to your Company account. You agree to be bound by any additional terms and conditions for these special offers.
If any of the provisions set forth in these Terms of Use are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions of these Terms of Use.
Section headings are for reference purposes only and do not limit the scope or extent of such section. These Terms of Use and the relationship between you and Company will be governed by the laws of the State of India, to the extent not preempted by or inconsistent with federal law, without regard to its conflict of law provisions. For any actions not subject to arbitration, we each agree to submit to the personal jurisdiction of a state court located in India County.
The failure of Company to act with respect to a breach of these Terms of Use or the Terms of Membership by you or others does not waive Company’s right to act with respect to subsequent or similar breaches. If any content on this Site, or your use of the Site, is contrary to the laws of the place where you are when you access it, the Site is not intended for you, and we ask you not to use the Site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.
Company does not guarantee it will take action against all breaches of these Terms of Use or the Terms of Membership. Except as otherwise expressly provided in these Terms of Use or the Terms of Membership, there shall be no third-party beneficiaries to these Terms of Use or the Terms of Membership.
You acknowledge and agree that Company may, in its sole discretion, modify, add or remove any portion of these Terms of Use at any time and in any manner, by posting revised Terms of Use on the Site. You may not amend or modify these Terms of Use under any circumstances. It is your responsibility to check periodically for any changes we make to the Terms of Use. Your continued use of this Site after any changes to the Terms of Use means you accept the changes.
You may not assign these Terms of Use (or any rights, benefits or obligations hereunder) by operation of law or otherwise without the prior written consent of Company, which may be withheld at Company’s sole discretion. Any attempted assignment that does not comply with these Terms of Use shall be null and void. Company may assign these Terms of Use, in whole or in part, to any third party in its sole discretion.
These Terms of Use constitute the entire agreement and understanding between you and Company with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. For the avoidance of doubt, these Terms of Use apply solely to the extent permitted by law.
In some instances, both of these Terms of Use and a separate document that provides additional conditions may apply to a service or product offered via this Site (“Additional Terms”). To the extent there is a conflict between these Terms of Use and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.
A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of this site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
If you have any questions or comments about these Terms of Use or this Site, please contact us by email at sales@sportivates.in.
You also may write to us at: