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Privacy Policy – Terms & Conditions

Our Application Software follows all legal requirements to protect your privacy. Our Privacy Policy is a legal statement that explains how we may collect information from you, how we may share your information, and how you can limit our sharing of your information. This Privacy Policy was last updated on 31/01/2021.

 

Definitions

  1. Personal Data : Personal Data means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
  2. Usage Data:    Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure like the duration of a page visit on a Application Software.
  3. Cookies : Cookies are small pieces of data stored on a User’s device.
  4. Data Controller : Data Controller means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data. For the purpose of this Privacy Policy, we are a Data Controller of your data.
  5. Data Processors : Data Processor (or Service Provider) means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller. We may use the services of various Service Providers in order to process your data more effectively.
  6. Data Subject : Data Subject is any living individual who is the subject of Personal Data.
  7. User : The User is the individual using our Service. The User corresponds to the Data Subject, who is the subject of Personal Data.
  8. Usage Data : We may also collect Usage Data as to how our Services are accessed and used. This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

 

Information collection:

We collect several different types of information when you register on our site, subscribe to our newsletter or fill out a form. Most of our services does not require any form of registration, allowing you to visit our site anonymously. However, some services may require you to provide personal data.
 
What type of data we use and how?
When ordering or registering you might be asked to enter your: Full name, Gender, Date of Birth, e-mail address, phone number, Cookies, real time location and other technologies, device information and Usage Data.
We use the information for various purposes:
  1. to personalize your experience,
  2. to improve our Application Software (we continually try to improve our Application Software offering based on information and feedback we receive)
  3. to improve customer services (your feedback help us respond to your customer service requests and support need)
  4. to send periodic emails ( The emails provide you information about order processing, information pertaining to your order, organizational news, updates, marketing or promotional materials, related service information that may be of interest to you)
  5. To provide and maintain our Service;
  6. To notify you about changes in our Service;
  7. To allow you to participate in interactive features of our Service when you choose to do so;
  8. To provide customer support;
  9. To gather analysis or valuable information so that we can improve our Service;
  10. To monitor the usage of our Service;
  11. To detect, prevent and address technical issues;
  12. To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information;
We collect information about the time you spent on our Application Software, how you use our services, such as the types of content that you view or engage with, the features / services you use the actions you take and the time, frequency and duration of your activities. For example, we log when you’re using and have last visited our Application Software, used our services and other content you view on our Application Software.
In brief, we save data to improve Service offered to you. In these situations if you choose to withhold your personal data requested by us, it may not be possible for you to gain access to certain part of site and for us to respond to your query. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
 
Do we disclose any information to third party?
We do not sell, trade or otherwise transfer to outside parties any of your personal data. This does not include trusted third parties who assist us in operating our Application Software, to serve you better. We may continue sharing your information with these third parties, as long as they agree to keep this information confidential. We might release your information as and when required under law, to protect our or others rights, property, safety.
 

Third Party links on our Application Software:

Occasionally, as per our discretion we may include or offer third parties products or services on our Application Software. These third parties may have separate and independent privacy policies and we advise you to go through the privacy policies of these sites before visiting or using these sites.
We are not responsible or liable for the content and activities of these linked sites. Nonetheless, you suggestions and feedback regarding these third party sites are welcomed, as we want to protect the integrity of our own site.
 
How do we protect your information?
We have implemented variety of security measures in order to maintain safety of your personal information.

 

Disclosure of Data

We may disclose your information including Personal Data to third parties if we determine that such disclosure is reasonably necessary to:
  1. comply with any applicable law, regulation, legal process, or appropriate government request;
  2. protect any person from death or serious bodily injury;
  3. prevent fraud or abuse of Application Software or services or our users;
  4. protect our rights, property, safety, or interest; or
  5. perform a task carried out in the public interest
  6. or as stated under this policy.

 

Service Providers

We may employ third party companies and / or individuals to facilitate our Service (“Service Providers”), to provide the Service on our behalf, to perform Service – related services or to assist us in analyzing how our Service is used.
These third parties have access to your Personal Data to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

 

Payments

We have few in app paid services on our Application Software, i.e you might be charged a fees for entering a housie room. In that case, we use third-party services for payment processing.
We will not store your payment card details. That information is provided to our third party payment processors whose use of your personal information is governed by their Privacy Policy. For payments you may go or be diverted to links to other Application Software that are not operated by us. If you click on a third party link, you will be directed to that third party’s Application Software. We strongly advise you to review the Privacy Policy of every Application Software you visit.
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party Application Software or their services.

 

Children’s Privacy

Our Service does not address anyone under the age of 18 (“Children”).
We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Children has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.
 
Do we use cookies and tracking data?
We use various technologies to collect and store information when you visit our services, and this may include using cookies or similar technologies to identify your browser or device like computers, phones, connected TVs and other web-connected devices.
Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser (if you allow) from a Application Software and stored on your device and that enable the sites or service providers to recognise your browser and capture and remember certain information.
We use cookies to understand and save your preferences for future visits and compile aggregated data about site traffic and site interaction so that we can offer better site experiences and tools in future. We may contract with third party service providers to assist us in better understanding our site visitors. These service providers are restricted to use information collected on our behalf except to help us improve our services. Tracking technologies are also used to collect and track information and to improve and analyze our Service.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
Using the links below, you can find out how to manage cookies (or deactivate them, among other things) in major browsers
 

Changes to This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.
We will let you know via email and / or a prominent notice on our Service, prior to the change becoming effective and update the “effective date” of this Privacy Policy.
You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.
This online privacy policy applies to information collected through our Application Software and not to the information collected offline.
 

Contact Us

If you have any questions about this Privacy Policy, want to request access to information that we have stored about you, correct any information that we have about you, delete information that we have about you or in case of any other additional question please contact our Data Protection Officer (DPO) by using the contact information provided herein below;
Address – Plot A 59, Rd Number 10, Opp Bosch Car Service Centre, Wagle Estate, Ambika Nagar No 3, Thane (West), Maharashtra 400604
Contact – +91-22-68158888
E-mail – customercaresupport@fitqui.com

 

Terms and Conditions For Online-Payments

 

The Terms and Conditions contained herein shall apply to any person (“User”) using the services of Fit Me Tech Labs Pvt. Ltd. for making subscription fees payments through an online payment gateway service (“Service”) offered jointly by ICICI Bank Ltd. and Payment Gateway Service provider, through FITQUI‘s Application i.e. https://play.google.com/store/apps/details?id=com.fitqui.customer Each User is therefore deemed to have read and accepted these Terms and Conditions. 

 
  1. Privacy Policy
 

FITQUI respects and protects the privacy of the individuals that access the information and use the services provided through them. Individually identifiable information about the User is not willfully disclosed to any third party without first receiving the User’s permission, as covered in this Privacy Policy. 

 

This Privacy Policy describes FITQUI treatment of personally identifiable information that FITQUI collects when Users on the FITQUI’s Application. FITQUI does not collect any unique information about the User (such as User’s name, email address, age, gender etc.) except when the User specifically and knowingly provide such information on the Application. Like any business interested in offering the highest quality of service to clients, FITQUI may, from time to time, send email and other communication to the User tell them about the various services, features, functionality and content offered by FITQUI Application or seek voluntary information from you.

 

Please be aware, however, that FITQUI will release specific personal information about the User if required to do so in the following circumstances: 

 
  1. in order to comply with any valid legal process such as a search warrant, statute, or court order, or 
 
  1. if any of User’s actions on FITQUI’s Application violate the Terms of Service or any of FITQUI’s guidelines for specific services, or
 
  1. to protect or defend FITQUI’s legal rights or property, the FITQUI site, or FITQUI Users; or
 
  1. to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the security, integrity of FITQUI Application/offerings.
 
  1. General Terms and Conditions For Online-Payments
 
  1. Once a User has accepted these Terms and Conditions, he/ she may register and avail the Services. A User may register on FITQUI’s Application.
 
  1. FITQUI‘s rights, obligations, undertakings shall be subject to the laws in force in India, as well as any directives/ procedures of Government of India, and nothing contained in these Terms and Conditions shall be in derogation of FITQUI‘s right to comply with any law enforcement agencies request or requirements relating to any User’s use of the Application or information provided to or gathered by FITQUI with respect to such use. Each User accepts and agrees that the provision of details of his/ her use of the Application to regulators or police or to any other third party in order to resolve disputes or complaints which relate to the Application shall be at the absolute discretion of FITQUI.
 
  1. If any part of these Terms and Conditions are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect.  
 
  1. These Terms and Conditions constitute the entire agreement between the User and FITQUI. These Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the User and FITQUI. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
 
  1. The entries in the books of FITQUI and/or the Payment Service Providers kept in the ordinary course of business of FITQUI and/or the Payment Service Providers with regard to transactions covered under these Terms and Conditions and matters therein appearing shall be binding on the User and shall be conclusive proof of the genuineness and accuracy of the transaction.
 
  1. Refund for Charge Back Transaction: In the event there is any claim for/ of charge back by the User for any reason whatsoever, such User shall immediately approach FITQUI with his/ her claim details and claim refund from FITQUI alone. Such refund (if any) shall be effected only by FITQUI via payment gateway or by means of a demand draft or such other means as FITQUI deems appropriate. No claims for refund/ charge back shall be made by any User to the Payment Service Provider(s) and in the event such claim is made it shall not be entertained. 
 
  1. In these Terms and Conditions, the term “Charge back” means approved and settled card (Debit or Credit) or net banking purchase transactions which are at any time refused, debited or charged back to Merchant account (shall also include similar debits to Payment Gateway Service Provider’s accounts, if any) by the Acquiring Bank for any reason whatsoever, together with the bank fees, penalties and other charges incidental thereto.
 
  1. Refund for fraudulent/duplicate transaction(s):  The User shall directly contact FITQUI for any fraudulent transaction(s) on account of misuse of Card/ Bank details by a fraudulent individual/party and such issues shall be suitably addressed by FITQUI alone in line with their policies and rules. 
 
  1. Server Slow Down/Session Timeout: In case the Application or Payment Service Provider’s webpage, that is linked to the Application, is experiencing any server related issues like ‘slow down’ or ‘failure’ or ‘session timeout’, the User shall, before initiating the second payment, check whether his/her Bank Account has been debited or not and accordingly resort to one of the following options:
 

(I) In case the Bank Account appears to be debited, ensure that he/ she does not make the payment twice and immediately thereafter contact FITQUI via e-mail or any other mode of contact as provided by FITQUI to confirm payment.

 

(ii)n case the Bank Account is not debited; the User may initiate a fresh transaction to make payment.

 

However, the User agrees that under no circumstances the Payment Gateway Service Provider shall be held responsible for such fraudulent/duplicate transactions and hence no claims should be raised to Payment Gateway Service Provider No communication received by the Payment Service Provider(s) in this regards shall be entertained by the Payment Service Provider(s). 

 
  1. Limitation of Liability
 
  1. FITQUI has made this Service available to the User as a matter of convenience. FITQUI expressly disclaims any claim or liability arising out of the provision of this Service. The User agrees and acknowledges that he/ she shall be solely responsible for his/ her conduct and that FITQUI reserves the right to terminate the rights to use of the Service immediately without giving any prior notice thereof.
 
  1. FITQUI and/or the Payment Service Providers shall not be liable for any inaccuracy, error or delay in, or omission of (a) any data, information or message, or (b) the transmission or delivery of any such data, information or message; or (c) any loss or damage arising from or occasioned by any such inaccuracy, error, delay or omission, non-performance or interruption in any such data, information or message. Under no circumstances shall the FITQUI and/or the Payment Service Providers, its employees, directors, and its third party agents  involved in processing, delivering or managing the Services, be liable for any direct, indirect, incidental, special or consequential damages, or any damages whatsoever, including punitive or exemplary  arising out of or in any way connected with the provision of or any inadequacy or deficiency in the provision of the Services or resulting from unauthorized access or alteration of transmissions of data or arising from suspension or termination of the Services. 
 
  1. FITQUI and the Payment Service Provider(s) assume no liability whatsoever for any monetary or other damage suffered by the User on account of:
 

(I) the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Payment Gateway or Services in connection thereto; and/ or 

 

(ii)  any interruption or errors in the operation of the Payment Gateway.

 
  1. The User shall indemnify and hold harmless the Payment Service Provider(s) and FITQUI and their respective officers, directors, agents, and employees, from any claim or demand, or actions arising out of or in connection with the utilization of the Services.
 
  1. The User agrees that FITQUI or any of its employees will not be held liable by the User for any loss or damages arising from your use of, or reliance upon the information contained on the Application, or any failure to comply with these Terms and Conditions where such failure is due to circumstance beyond FITQUI’s reasonable control.
 
  1. Miscellaneous Conditions:

 

  1. Any waiver of any rights available to FITQUI under these Terms and Conditions shall not mean that those rights are automatically waived.
 
  1. The User agrees, understands and confirms that his/ her personal data including without limitation details relating to debit card/ credit card transmitted over the Internet may be susceptible to misuse, hacking, theft and/ or fraud and that FITQUI or the Payment Service Provider(s) have no control over such matters.
 
  1. Although all reasonable care has been taken towards guarding against unauthorized use of any information transmitted by the User, FITQUI does not represent or guarantee that the use of the Services provided by/ through it will not result in theft and/or unauthorized use of data over the Internet.
 
  1. FITQUI, the Payment Service Provider(s) and its affiliates and associates shall not be liable, at any time, for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information contained on the Application.
 
  1. The User may be required to create his/ her own User ID and Password in order to register and/ or use the Services provided by FITQUI on the Application. By accepting these Terms and Conditions the User aggress that his/ her User ID and Password are very important pieces of information and it shall be the User’s own responsibility to keep them secure and confidential. In furtherance hereof, the User agrees to;
 
  1. Choose a new password, whenever required for security reasons.
  2. Keep his/ her User ID & Password strictly confidential.
  3. Be responsible for any transactions made by User under such User ID and Password.
 

The User is hereby informed that FITQUI will never ask the User for the User’s password in an unsolicited phone call or in an unsolicited email. The User is hereby required to sign out of his/ her FITQUI account on the Application and close the web browser window when the transaction(s) have been completed. This is to ensure that others cannot access the User’s personal information and correspondence when the User happens to share a computer with someone else or is using a computer in a public place like a library or Internet café.

 

  • Debit/Credit Card, Bank Account Details
 
  1. The User agrees that the debit/credit card details provided by him/ her for use of the aforesaid Service(s) must be correct and accurate and that the User shall not use a debit/ credit card, that is not lawfully owned by him/ her or the use of which is not authorized by the lawful owner thereof. The User further agrees and undertakes to provide correct and valid debit/credit card details.
 
  1. The User may pay his/ her subscription fees to FITQUI by using a debit/credit card or through online banking account. The User warrants, agrees and confirms that when he/ she initiates a payment transaction and/or issues an online payment instruction and provides his/ her card / bank details:
 
  1. The User is fully and lawfully entitled to use such credit / debit card, bank account for such transactions;
 
  1. The User is responsible to ensure that the card/ bank account details provided by him/ her are accurate;
 
  1. The User is authorizing debit of the nominated card/ bank account for the payment of subscription fees selected by such User along with the applicable Fees.
 
  1. The User is responsible to ensure sufficient credit is available on the nominated card/ bank account at the time of making the payment to permit the payment of the dues payable or the bill(s) selected by the User inclusive of the applicable Fee.

 

  • Personal Information
 
  1. The User agrees that, to the extent required or permitted by law, FITQUI and/ or the Payment Service Provider(s) may also collect, use and disclose personal information in connection with security related or law enforcement investigations or in the course of cooperating with authorities or complying with legal requirements.
 
  1. The User agrees that any communication sent by the User vide e-mail, shall imply release of information therein/ therewith to FITQUI. The User agrees to be contacted via e-mail on such mails initiated by him/ her. 
 
  1. In addition to the information already in the possession of FITQUI and/ or the Payment Service Provider(s), FITQUI may have collected similar information from the User in the past. By entering the application, the User consents to the terms of FITQUI’s information privacy policy and to FITQUI’s continued use of previously collected information. By submitting the User’s personal information to FITQUI, the User will be treated as having given his/her permission for the processing of the User’s personal data as set out herein.
 
  1. The User acknowledges and agrees that his/ her information will be managed in accordance with the laws for the time in force.
 
  1. Payment Gateway Disclaimer
 

The Service is provided in order to facilitate access to view and pay subscription fees online. FITQUI or the Payment Service Provider(s) do not make any representation of any kind, express or implied, as to the operation of the Payment Gateway other than what is specified in the Application for this purpose. By accepting/ agreeing to these Terms and Conditions, the User expressly agrees that his/ her use of the aforesaid online payment Service is entirely at own risk and responsibility of the User.