Terms & Conditions

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE

Terms & Conditions of use:

  • This website ‘www.hojaofit.com ("Website") and its mobile application ("Application") are owned and operated by HOJAOFIT wellness Private Limited, a company incorporated under the laws of India, having its registered place of business at 2280 sector 13 Karnal (Haryana), India, which enables the user of the Website to connect with independent third party fitness centres ("Channel Partner") offering booking of gyms , yoga , aerobics and zumba listed on the Website/ Application ("Services"). Your use of the Website and/or Application is an acknowledgment that you have reviewed the Terms and Conditions and agree to comply with and be legally bound thereby. These terms and conditions govern your access to and use of the Website and/or Application and the Services. If you do not agree to these terms and conditions, you must refrain from using the Website and/or Application and Services. By using this Website/ Application you hereby acknowledge and agree that Hojaofit wellness is not a fitness center owner and has no control over the conduct or behaviour of the Channel Partner or the quality, fitness or the suitability of the services provided by Channel Partner. Hojaofit wellness disclaims any and all liabilities in this regard.

Conditions

1. MEMBERSHIP ELIGIBILITY

  • Membership on the Website/Application is free. If you are not agreeable to all the Usage Terms in their entirety, you must not use this Website/ Application and should exit/logout immediately. Your use of the Website/ Application implies that You agree with the Usage Terms in their entirety. You agree, acknowledge and recognize that the contract of sale is made in India, is governed exclusively by laws of India and is subject to the exclusive jurisdiction of the courts in Delhi to the exclusion of all other courts. You hereby represent and warrant that you are at least thirteen (13) years of age or above and are capable of entering, performing and adhering to these Usage Terms and that you agree to be bound by these Usage Terms. While individuals under the age of 18 may utilize/browse the Website/ Application, they shall do so only with the involvement, guidance and supervision of their parents and / or legal guardians, under such Parent /Legal guardian’s registered account. The User agrees and acknowledges that this Website/ Application can be used only by individuals who are of legal age (at least 18 (eighteen) years of age) to form a binding contract under the laws as applicable in India. Hojaofit wellness reserves the right to terminate User’s access to and refuse to provide User with access to the Website/ Application if Hojaofit wellness discovers that User is under the age of 18 years. Furthermore Hojaofit wellness has the right at its sole discretion to refuse to provide access to or terminate the access of any person(s) whatsoever with or without notice. Hojaofit wellness provides Services on the Website/Application subject to complete adherence to the Usage Terms by the User. By accessing, viewing, or using this Website/ Application, You acknowledge, declare, confirm and represent & warrant to Hojaofit wellness that you have read and understood the Usage Terms and accept them as an agreement as the binding legal contract equivalent of a duly signed contract binding on You. This agreement is effective immediately upon your accessing, viewing, or using this Website/ Application. You are advised to regularly check for any amendments or updates to the Usage Terms mentioned herein from time to time. Hojaofit wellness may add to or change, update these Usage Terms from time to time entirely at its sole discretion. Your use of the Website/ Application and any amendment to the Usage Terms shall constitute your acceptance of these Usage Terms and You agree to be bound by any such changes/revisions/amendments. Website/ Application shall not be obliged to notify You, irrespective of the fact that You are registered or not, of any modifications made to the Usage Terms. Your access to the Website/ Application for purchasing the Services or for mere browsing is subject to the most current version of the Usage Terms appearing on the Website/ Application at the time of such use.

2. WEBSITE/APPLICATION:

  • The Website/ Application is an online marketplace where Users may meet and interact with Channel Partner for their transactions. Channel Partner’s list their fitness canters on the Website/ Application and User reserves the Accommodation at the prices specified by the Channel partner on the Website/Application. Hojaofit wellness hereby clarifies and the User agrees and understands that Hojaofit wellness is not the owner of the Accommodations and will not be liable for any services or lack of them at the fitness centre booked by the User.It is hereby further clarified that Hojaofit wellness and Channel Partners are separate and independent entities and Hojaofit wellness does not work as representative or agent of the Channel Partner. By making a reservation/booking at the listed fitness centres the User enters into commercial/ contractual terms as offered by and agreed to between Channel Partner and the User alone. Hojaofit wellness shall not be responsible and shall not be required to mediate or resolve any dispute or disagreement between User and Channel Partner. In no event, shall Hojaofit wellness be made a party to dispute between User(s) and Channel Partner(s).

3. RESERVATION/ BOOKING OF SERVICES:

  • The process of booking Services from this Website/ Application may require you to disclose confidential information including Credit Card number etc. To prevent any possibility of unauthorized access to your confidential information such as name, address etc., you shall not use/access this site from unsecure computers, unsecure communication links, unsecure mobile phones or locations such as Internet-Cafe(s), Cyber-Cafe(s) and other commercially available internet enabled computers or computer services. That relying on declarations, confirmations, information and obligations made/undertaken by the User in accordance with Usage Terms, and believing the same to be true and acting on the faith thereof, Hojaofit wellness has agreed to provide the Services to the User as per the Usage Terms mentioned herein. In particular, the User does hereby agree, promise, declare, confirm, covenant, undertake and represent & warrant to Hojaofit wellness: (a) the User is not under any legal or other deficiency which prevents/may prevent the User from: (i) entering into a valid contract under the applicable laws; and (ii) making valid payment to Hojaofit wellness for Services ordered by the User. (b) In the event of detecting any suspicious activity from User’s account, Hojaofit wellness reserves the right to cancel all pending and future orders owing to any such incident without any liability to the User. (c) In a credit card transaction; User must use your own credit card for which User has full right & authority to validly use such Credit Card for making payment to Hojaofit wellness. Hojaofit wellness shall not be liable for any credit card fraud. The liability to use a card fraudulently will be on the User and the onus to 'prove otherwise' shall be exclusively on User. (d) While using the Website/ Application User shall at all times strictly comply with the payment procedure and the Usage Terms in their entirety. (e) Your use of the Services shall be deemed that you are fully satisfied with the description, look and design of the fitness centres and usage fee of the fitness centre as has been displayed on hojaofit Website/ Application. The User agrees and acknowledges that in the Website/ Application all Services are offered only at the sole discretion of Hojaofit wellness.

HOJAOFIT “Invite & Earn” Program Terms & Conditions

The HOJAOFIT “Invite & Earn” program allows you to earn HOJAOFIT Money by referring HOJAOFIT to friends. HOJAOFIT Money earned through this program can be used towards future bookings with HOJAOFIT. Please note that “Invite & Earn” should be used only for personal and non-commercial purposes, and only shared with personal connections that will appreciate receiving these invitations.

  • You cannot invite yourself.
  • You cannot invite anyone who uses the same mobile device as you.
  • You cannot distribute your referral link on sites where you are not the primary content owner (e.g. Wikipedia, coupon websites)
  • You cannot promote your invite code via search engine marketing (e.g. AdWords / Yahoo/Bing)

Termination and Change

      • HOJAOFIT may, without notice, suspend or terminate the “Invite & Earn” Program or a user’s ability to participate in the “Invite & Earn” Program at any time for any reason. Requirements and incentives may also change at any time. HOJAOFIT Money earned as a result of fraudulent activities are null and void. HOJAOFIT reserves the right to suspend accounts or remove referrals if it notices any activity that it believes is abusive or fraudulent. HOJAOFIT reserves the right to review and investigate all referral activities and to suspend accounts or cancel or modify referrals as it deems fair and appropriate.

4. USE OF THE WEBSITE/ APPLICATION

  • The User agrees, acknowledges, confirms and undertakes that the registration data, information/data provided or uploaded onto the Website/ Application by the User: (a) shall not be false, inaccurate, misleading or incomplete; or (b) shall not be fraudulent or involve the use of counterfeit or stolen Credit Cards; or (c) shall not infringe any third party's intellectual property, trade secret or other proprietary rights or rights of publicity or privacy; or (d) shall not be defamatory, libellous, unlawfully threatening or unlawfully harassing; or (f) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines or executable files that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information of any person whatsoever; or (g) shall not create liability for Hojaofit wellness or cause Hojaofit wellness to lose (in whole or in part) the services of Hojaofit wellness’ ISPs or other service providers/suppliers. If the User contravenes the foregoing or Hojaofit wellness has reasonable grounds to suspect that the User has contravened the foregoing, Hojaofit wellness has the right to indefinitely deny or terminate User's access to the Website/ Application and to refuse to honour the User's request(s). The User hereby assumes the sole risk of booking or making use or relying on the information relating to the Services available on this Website/ Application. Hojaofit wellness does not promote any fitness centre listed on the Website/ Application. It is User’s responsibility to check the details of the fitness centres listed on the Website/ Application at its sole discretion. Hojaofit wellness has endeavoured to provide the most accurate, up-to-date information on this Website/ Application. However, the information, materials, Services available on this Website/ Application may inadvertently include inaccuracies, typographical errors, or outdated information. Hojaofit wellness is not responsible for and shall not be bound to honour typographical or pricing errors on this Website/ Application. Hojaofit wellness reserves the right to refuse or cancel orders at any time, including but not limited to the following orders that contain incorrect prices or product descriptions, orders in which Hojaofit wellness believes the User has violated applicable laws or Usage Terms, orders that Hojaofit wellness believes are harmful to Hojaofit wellness or orders that Hojaofit wellness believes are fraudulent or based on illegal, fraudulent or deceitful use/furnishing of information or based on false information. Hojaofit wellness neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service. Hojaofit wellness expressly disclaims any warranties and conditions whether express or implied about their accuracy, completeness, correctness, suitability, reliability, availability, timeliness, quality, continuity, performance, error free or uninterrupted operation/functioning, fitness for a particular purpose, workmanlike effort, non-infringement, lack of viruses or other harmful components. Hojaofit wellness shall not be responsible for the delay or inability to use the Website/ Application or related functionalities, the provision of or failure to provide functionalities, or for any information, software, Services, functionalities and related graphics obtained through the Website/ Application, or otherwise arising out of the use of the Website/ Application, whether based on contract, tort, negligence, strict liability or otherwise. Further, Hojaofit wellness shall not be held responsible for non-availability of the Website/ Application during periodic maintenance operations or any unplanned suspension of access to the Website/ Application that may occur due to technical reasons or for any reason beyond Hojaofit wellness’ control. The User understands and agrees that any material or data downloaded or otherwise obtained through the Website/ Application is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. Hojaofit wellness accepts no liability for any errors or omissions, with respect to any information provided to the User.

5. ACCOUNT AND REGISTRATION

      • Hojaofit wellness makes the Services available to You through the Website/ Application only if You have provided Hojaofit wellness certain required User information and created an account ("Account") through Hojaofit wellness ID and password or other log-in ID and password (collectively, the "Account Information"). The Website/ Application requires You to register as a User by creating an Account in order to utilise the Services provided by the Website/ Application. You will be responsible for maintaining the confidentiality of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify Hojaofit wellness of any unauthorized use of its Account Information or any other breach of security, and (b) ensure that You exit/log out from the account at the end of each session. Hojaofit wellness cannot and shall not be liable for any loss or damage arising from Your failure to comply with this clause. You may be held liable for losses incurred by Hojaofit wellness or any other customer or visitor to the Website/ Application due to authorized or unauthorized use of Your account as a result of Your failure in keeping its Account Information secure and confidential. Hojaofit wellness also allows restricted access to the Website/ Application for unregistered users. At the time of registration, You shall ensure that the Account Information provided by You in the Website/ Application's registration form is complete, accurate and up-to-date. Use of another user’s account information is expressly prohibited. When You use the Website/ Application, You agree and understand that You are communicating with Hojaofit wellness through electronic records and You consent to receive communications via electronic records from Hojaofit wellness periodically and as and when required. Hojaofit wellness may communicate with you by email or sms or by such other mode of communication, electronic or otherwise. You specifically agree that Hojaofit wellness shall not be responsible for unauthorized access to or alteration of Your transmissions or data, any material or data sent or received or not sent or received. Further, Hojaofit wellness will make best efforts to safeguard the confidentiality of Your personally identifiable information available with it, but transmissions made by means of the internet cannot be guaranteed or made absolutely secure. By using this Website/ Application, You agree that Hojaofit wellness shall not be liable for disclosure of Your information due to errors in transmission or unauthorized acts of third parties. Without prejudice to the foregoing You agree that Hojaofit wellness shall not be held liable or responsible for 'phishing attacks' on You. User agrees that User shall not use/access this Website/ Application from unsecure computers, unsecure communication links, unsecure mobile phones. You may accept or decline the cookies when You accesses Hojaofit wellness’ Website/ Application. It is the User’s responsibility to set his browser to alert him to accept or to reject cookies. The User agrees, acknowledges and confirms that before placing any order, the User shall check the Service description and price carefully and by placing an order for a Service You agree to be bound by the Usage Terms and conditions of sale included in the Services’ description. You shall only place the order after fully satisfying yourself with the price, description, look as has been displayed on Hojaofit wellness Website/Application. Hojaofit wellness shall not be responsible unsatisfactory or delayed performance of services or damages or delays as a result of Channel Partner’s act’s or omissions. Hojaofit wellness reserves the right to make, at its sole discretion, any modifications or changes whatsoever to the Website/ Application or the information, listings and services described on the Website/ Application at any time. Such modifications or changes shall be effective immediately when they are made.

6. PAYMENT AND USAGE FEE

      • User hereby agree and understand that he will have to pay the usage fee as mentioned on the Website/Application for the concerned Accommodation via the payment mode provided on the Website/Application post which User’s requested reservation will be confirmed. Once the reservation has been confirmed, Hojaofit wellness will debit the usage fee from the payment mode selected by the User. The User agrees and acknowledges that the payment procedure may call for and require additional verification of or information from the User and the User undertakes to provide complete, correct and proper information.Hojaofit wellness uses third party payment providers to receive payments from User. Hojaofit wellness is not responsible for delays or erroneous transaction execution or cancellation of reservation due to payment issues. Hojaofit wellness takes utmost care to work with third party payment providers, but does not control their systems, processes, technology and work flows, hence cannot be held responsible for any fault at the end of payment providers.

7. COMPLIANCE WITH LAWS

      • User and Hojaofit wellness shall comply with all the applicable laws applicable to them respectively for using payment facility and the Website/ Application.

8. WARRANTY

      • The Services are provided by Hojaofit wellness on 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, Hojaofit wellness makes no warranty that (i) the Website/ Application or the Services will meet your requirements or Your use of the Website/ Application or will be uninterrupted, timely, secure or error-free; (ii) the results that may be obtained from the use of the Website/ Application, or Services will be effective, accurate or reliable; (iii) the quality of the Website/ Application, or Services will meet your expectations; or that (iv) any errors or defects in the Website/ Application or Services will be corrected. No advice or information, whether oral or written, obtained by you from Hojaofit wellness or through or from use of the Website/ Application shall create any warranty not expressly stated in the terms of use. Hojaofit wellness shall have no liability to the User for any interruption or delay, to access the Website/Application irrespective of the cause.

9. INDEMNIFICATION

      • Without prejudice to and in addition to any other remedies, reliefs or legal recourses available to Hojaofit wellness herein or any applicable laws or otherwise, User agrees to indemnify, defend and hold Hojaofit wellness harmless including but not limited to its affiliate, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Hojaofit wellness that arise out of or related to your use or misuse of the of the Website, any violation by you of these terms and conditions, or any breach of representations, warranties and covenants made by you herein.

10. LIMITATION OF LIABILITY

      • Hojaofit wellness shall not be liable for any damages of any kind whatsoever including but not limited to direct, indirect, incidental, punitive, exemplary and consequential damages, damages for loss of use, data or profits, or other intangible losses, which may arise or are arising from the use of this Website/ Application or any of the information, software, services and related graphics contained within the Website/ Application or any of the Services offered, regardless of whether such damages are based on contract, tort, negligence, strict liability or otherwise, and even if Hojaofit wellness has been advised of the possibility of damages. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN OR ELSEWHERE, HOJAOFIT WELLNESS'S ENTIRE LIABILITY TO THE USER FOR ANY CLAIM ARISING OUT OF PURCHASING / BROWING THE WEBSITE/ APPLICATION SHALL BE LIMITED TO THE AMOUNT EQUIVALENT TO THE PRICE PAID FOR THE PRODUCT AND SERVICES GIVING RISE TO SUCH CLAIM.

11. INTELLECTUAL PROPERTY

      • The User agrees that any feedback, comments, ideas, suggestions, information, or any other content which User contributes to Hojaofit wellness or this Website/ Application (including the name you submit with any content) will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for Hojaofit wellness to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on such content--without additional approval or consideration--in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you waive any claim to the contrary. The User represents and warrants that User owns or otherwise controls all of the rights to the content that he/she may contribute to this Website/ Application and that use of his/her content by Hojaofit wellness shall not infringe upon or violate the rights of any third party. Hojaofit wellness, its mark and logo are trademarks of HOJAFIT WELLNESS Private Limited. You understand and agree not to display or use these trademarks in any manner whatsoever. As a pre-condition of use of this Website/ Application, User warrants to Hojaofit wellness that User shall not use this Website/ Application for any purpose that is unlawful, unauthorized, or inconsistent with Usage Terms, and the User agrees that this license to use Hojaofit wellness Website/ Application will terminate immediately upon User's violation of this warranty. Hojaofit wellness reserves the right, at its sole discretion, to block/terminate User's access to this Website/ Application and its content at any time, with or without notice. All content on this Website/ Application, including text, graphics, images, and logos, is the property of Hojaofit wellness or its content suppliers and is protected by domestic and international copyright laws and regulations. Hojaofit wellness reserves the right to protect its intellectual property rights to the fullest extent under the applicable law.

12. JURISDICTION

      • This Agreement, and all transactions entered into on or through Website/ Application shall be interpreted, construed and governed by the laws of India which shall be applicable to this Agreement without regard to principles of conflict of laws. User agrees that all claims, differences and disputes arising under or in connection with or in relation hereto the Website/ Application, the Usage Terms or any transactions entered into on or through the Website/ Application or the relationship between User and Hojaofit wellness shall be subject to the exclusive jurisdiction of the courts at Karnal, India and User hereby accede to and accept the jurisdiction of such courts. Any failure, delay or forbearance on the part of Hojaofit wellness in: (i) exercising any right, power or privilege under this Agreement; or (ii) enforcing terms of this Agreement, shall not operate as a waiver thereof, nor shall any single or partial exercise by Hojaofit wellness of any right, power or privilege preclude any other future exercise or enforcement thereof. The Parties hereto agree that each of the provisions contained in this Agreement shall be severable, and the unenforceability of one or more provisions of this Agreement shall not affect the enforceability of any other provision(s) or of the remainder of this Agreement.

13. THIRD PARTY LINKS

      • This Website/ Application may at Hojaofit wellness sole discretion, contain links to sites owned and maintained by persons or entities other than Hojaofit wellness. Hojaofit wellness may also provide links to the other sites for purpose of enabling the Customer to make payment to Hojaofit wellness. Any of the foregoing links do not constitute an endorsement by Hojaofit wellness of any such sites and are provided only as a convenience. Hojaofit wellness is not responsible for the content or links displayed on such sites. Hojaofit wellness is not responsible for the privacy practices of such sites which Hojaofit wellness does not own, manage or control. Hojaofit wellness does not regularly review, and makes no warranty or representation regarding materials posted, or Services or services offered, on the sites to which this Website/ Application may be linked and Hojaofit wellness shall not be responsible for any deficiency thereof. Hojaofit wellness does not endorse any or all of the materials, Services, and services available on such linked sites, and Hojaofit wellness expressly disclaims responsibility for the contents of any linked site, the accuracy of any information contained in a linked site, and the quality of the Services and services offered at any linked site. Any decision to view the contents of any linked site is solely the responsibility of Customer and is made at Customer's own risk.

14. CANCELLATION POLICY

      • Cancelling an hojaofit is as fast and easy as booking one.We would love to host you but in case your plans change, our simple cancellation process makes sure you receive a quick confirmation and fast refunds. We will refund

 

                                                                                                        

CANCELLATION TIME   REFUND
ON THE DAY OF BOOKING   NO REFUND
2- 3 DAYS   NO REFUND
AFTER 3 DAYS  NO REFUND
AFTER 10 DAYS REFUND NO REFUND

 

Vendor Terms of Use

For the purpose of the Terms of Use (hereinafter referred to as “ToU”), wherever the context so requires, ‘you’ and ‘your’ shall relate to any natural or legal person who has agreed to become a vendor on the Website by providing registration data while registering on the Website using computer systems. The word ‘user’ shall collectively imply a vendor, a buyer, and any visitor on the Website and the terms ‘we’, ‘us’ and ‘our’ shall mean Hojaofit.

Your use of the Website, services, and tools is governed by the following terms and conditions (ToU) including applicable policies incorporated herein by way of reference. If you transact on the Website, you shall be subject to the policies that are applicable to the Website for such a transaction. By mere use of the Website you shall be contracting with Hojaofit, and these terms and conditions including the policies constitute your binding obligations to Hojaofit.

When you use any of the services provided by us through the Website including but not limited to (e.g. customer reviews) you will be subject to the rules, guidelines, policies, terms and conditions applicable to such services and they shall be deemed incorporated into the ToU and considered a part and parcel of the ToU. We reserve the right, at our sole discretion, to change, modify, add, or remove portions of the ToU at any time and without any prior written notice to you. It is your responsibility to review the ToU periodically for updates/changes. Your continued use of the Website following the changes will mean that you accept and agree to the revisions. As long as you comply with the ToU, we grant you a personal, non-exclusive, non-transferable, and limited privilege to enter and use the Website.

ACCESSING, BROWSING, OR OTHERWISE USING THE WEBSITE INDICATES YOUR AGREEMENT WITH ALL THE TERMS AND CONDITIONS UNDER THE TOU. PLEASE READ THE TOU CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting the ToU, you also accept and agree to be bound by policies (including but not limited to Privacy Policy), as amended, from time to time.

Vendor Eligibility

The use of the Website is available only to persons who can form legally binding contracts under the Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a vendor on the Website, transact or use the Website. Hojaofit reserves the right to terminate your registration and/or refuse you access to the Website if it is brought to Hojaofit’s notice or discovered that you are under the age of 18 years. If you register as a business entity, you represent that you are duly authorized by the business entity to accept the ToU and you have the authority to bind the business entity to the ToU. Further, Vendors of certain categories may be required to submit a bank guarantee/performance guarantee and such requirement shall be intimated to the Vendor at the time of on boarding with Hojaofit .For you to be eligible to become an active vendor on the Website, you shall fulfil the requirement on vendor listings as required and updated by Hojaofit from time to time.

Your Account and Registration Obligations

If you use the Website, you shall be responsible for maintaining confidentiality of your display name, login and password details and all activities that occur with the use of your display name, login and password details. You agree that if you provide any information which is untrue, inaccurate, not current, or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete, or not in accordance with the ToU, we shall have the right to indefinitely suspend, terminate or block you from accessing the Website.In addition to providing all the requisite information as stated above and such records / documents etc. as may be required, You agree to provide a PAN at the any time as a vendor on the Website. The requirement of providing PAN is mandatory for all vendors on the Website.

Communications

When you use the Website or send emails, other data, information, or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from us periodically or as and when required. We may communicate with you by email or any other mode of communication, electronic or otherwise.

Platform for Transaction and Communication

The Website is a platform that users utilize to meet and interact with one another for their transactions. Hojaofit is not and cannot be a party to or control in any manner any transaction between users on the Website.

Consequently:

1.  All commercial/contractual terms are offered by you and agreed upon between you and buyers alone. The commercial/contractual terms include price, payment methods and terms, date, period, and warranties of services. Hojaofit does not determine, advice, have any control, or in any way involve itself in the offering or acceptance of such commercial/contractual terms between you and buyers.

2.  Hojaofit is not responsible for any non-performance or breach of any contract between you and buyers. Hojaofit cannot and does not guarantee that you and buyers concerned will perform transaction(s) concluded on the Website. Hojaofit shall not and is not required to mediate or resolve disputes or disagreements between you and buyers.

3.  Hojaofit does not make any representations or warranties regarding item-specifics (such as legal title, creditworthiness, identity, etc.) of any of its users. You are advised to independently verify the bona fides of any particular buyer you choose to deal with on the Website and use your best judgment in that regard..

4.  At no time shall Hojaofit hold any right/title to or interest in the items nor have any obligations or liabilities with respect to such a contract. Hojaofit is not responsible for unsatisfactory or delayed performance of services.

5.  The Website is only a platform that can be utilized by you to reach a larger customer base to sell items or services. Hojaofit only provides a platform for communication and it is agreed that the contract for sale of services shall be a strictly bipartite contract between you and the buyer.

6.  You release and indemnify Hojaofit and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the users on the Website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Hojaofit cannot control the information provided by other users which is made available on the Website. You may find other user's information to be offensive, harmful, inaccurate or deceptive. Please use caution and practice safe trading when using the Website. Please note that there may be risks in dealing with underage persons or people acting under false pretence.

Limited License

Hojaofit grants vendor a limited, non-transferable, non-exclusive, non-sub licensable, non-assignable and personal license to use "Powered by Hojaofit" and/or “Hojaofit.com” name and/or logo on vendor’s invoice for transactions concluded on the Website.

Privacy

Protection of your privacy is of utmost importance to us. We understand clearly that you and your personal information are among our most important assets. We store and process your information including any sensitive financial information collected (as defined under the IT Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with the IT Act, 2000, and the rules thereunder. Our current privacy policy is available on http://www.hojaofit.com/s/privacypolicy. If you object to your information being transferred or used in this manner, please do not use the Website.

We may share personal information with our other corporate entities and affiliates. These entities and affiliates may market to you as a result of such sharing unless you explicitly opt-out.

We may disclose personal information to third parties. This disclosure may be required for us to provide you access to our Services, to comply with our legal obligations, to enforce our User Agreement, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services. We do not disclose your personal information to third parties for their marketing and advertising purposes without your explicit consent.

We may disclose personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. We may disclose personal information to law enforcement offices, third party rights owners, or others in the good faith belief that such disclosure is reasonably necessary to: enforce our Terms or Privacy Policy; respond to claims that an advertisement, posting or other content violates the rights of a third party; or protect the rights, property or personal safety of our users or the general public.

We and our affiliates will share / sell some or all of your personal information with another business entity should we (or our assets) plan to merge with, or be acquired by that business entity, or re-organization, amalgamation, restructuring of business. Should such a transaction occur that other business entity (or the new combined entity) will be required to follow this privacy policy with respect to your personal information.

Charges

Registration on the Website is free. Hojaofit does not charge any fee for browsing/registering on the Website. In particular, Hojaofit may, at its sole discretion, introduce new services and modify some or all of the existing services offered on the Website. In such an event, Hojaofit reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the fee policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees (INR) and payable to Hojaofit. You shall be solely responsible for compliance with all applicable laws, including those in India, for making payments to Hojaofit

Audits

Hojaofit shall have the right to inspect and audit vendor’s records and premises / place of business through itself or through Hojaofit approved third party testing agencies. Cost of such audit shall solely be borne by Hojaofit.

Breach

Without limiting other remedies, we may limit your activity, immediately remove your information, warn other users of your actions immediately, temporarily/indefinitely suspend/terminate/block your account and/or refuse you access to the Website in the event of, including but not limited to, the following:

1. if you breach the ToU, privacy policy or other policies (if any);

2. if we are unable to verify or authenticate any information you provide; or

3. if it is believed that your actions may cause legal liability for you, other users, or us;

We may at any time, at our sole discretion, reinstate suspended vendors. A vendor that has been suspended or blocked may not register or attempt to register with us or use the Website in any manner whatsoever until such time that such a vendor is reinstated by us. Notwithstanding the foregoing, if you breach the ToU, privacy policy or other rules and policies, we reserve the right to recover any amounts due and owed by you to us and take strict legal action, including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.

Limitation of Liability

IN NO EVENT SHALL HOJAOFIT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THE TOU, EVEN IF HOJAOFIT HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

Applicable Law

The ToU shall be governed, interpreted, and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be Karnal.