1. General Conditions
We reserve the right to refuse service to anyone, at any time, for any reason. We reserve the right to make any modifications to the website, including terminating, changing, suspending, or discontinuing any aspect of the website at any time, without notice. We may impose additional rules or limits on the use of our website. You agree to review the Terms regularly and your continued access or use of our website will mean that you agree to any changes. You agree that we will not be liable to you or any third party for any modification, suspension, or discontinuance of our website or for any service, content, feature or product offered through our website.
2. Products or Services
All purchases through our website are subject to product availability. We may, in our sole discretion, limit or cancel the quantities offered on our website or limit the sales of our products or services to any person, household, geographic region, or jurisdiction. Prices for our products are subject to change, without notice. Unless otherwise indicated, prices displayed on our website are quoted in Indian Rupees. We reserve the right, in our sole discretion, to refuse orders, including without limitation, orders that appear to be placed by distributors or resellers. If we believe that you have made a false or fraudulent order, we will be entitled to cancel the order and inform the relevant authorities. We do not guarantee the accuracy of the color or design of the products on our website. We have made efforts to ensure the color and designs of our products are displayed as accurately as possible on our website.
*All Pictures shown are for illustration purposes only. The actual product may vary due to product enhancement 2. Due to product complexity and technical reason, the actual product may be different from the displayed images.
3. Links to Third-Party Websites
Links from or to websites outside our website are meant for convenience only. We do not review, endorse, approve or control, and are not responsible for any sites linked from or to our website, the content of those sites, the third parties named therein, or their products and services. Linking to any other site is at your sole risk and we will not be responsible or liable for any damages in connection with linking. Links to downloadable software sites are for convenience only and we are not responsible or liable for any difficulties or consequences associated with downloading the software. Use of any downloaded software is governed by the terms of the license agreement, if any, which accompanies or is provided with the software.
4. User Comments, Feedback, and Other Submissions
You acknowledge that you are responsible for the information, profiles, opinions, messages, comments, and any other content (collectively, the "Content") that you post, distribute or share on or through our website or services available in connection with our website. You further acknowledge that you have full responsibility for the Content, including but limited to, respect to its legality, and its trademark, copyright, and other intellectual property ownership. You agree that any Content submitted by you in response to a request by us for a specific submission may be edited, adapted, modified, recreated, published, or distributed by us. You further agree that we are under no obligation to maintain any Content in confidence, to pay compensation for any Content, or to respond to any Content. You agree that you will not post, distribute or share any Content on our website that is protected by copyright, trademark, patent, or any other proprietary right without the express consent of the owner of such proprietary right. You further agree that your Content will not be unlawful, abusive, or obscene nor will it contain any malware or computer virus that could affect our website's operations. You will be solely liable for any Content that you make and its accuracy. We have no responsibility and assume no liability for any Content posted by you or any third party. We reserve the right to terminate your ability to post on our website and to remove and/or delete any Content that we deem objectionable. We also reserve the right to revoke the warranty and not grant any services if you publish improper information, unlawful, abusive, or obscene content as comment, review, or any media publishment anywhere on the web or in print media. You consent to such removal and/or deletion and waive any claim against us for the removal and/or deletion of your Content.
5. Your Personal Information
Please see our Privacy Policy to learn about how we collect, use, and share your personal information.
6. Errors and Omissions Please note that our website may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time, without prior notice (including after an order has been submitted). Such errors, inaccuracies, or omissions may relate to product description, pricing, promotion, and availability and we reserve the right to cancel or refuse any order placed based on incorrect pricing or availability information, to the extent permitted by applicable law. We do not undertake to update, modify, or clarify information on our website, except as required by law.
7. Disclaimer and Limitation of Liability
You assume all responsibility and risk with respect to your use of our website, which is provided "as is" without warranties, representations or conditions of any kind, either express or implied, with regard to information accessed from or via our website, including without limitation, all content and materials, and functions and services provided on our website, all of which are provided without warranty of any kind, including but not limited to warranties concerning the availability, accuracy, completeness or usefulness of content or information, uninterrupted access, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. We do not warrant that our website or its functioning or the content and material of the services made available thereby will be timely, secure, uninterrupted or error-free, that defects will be corrected, or that our websites or the servers that make our website available are free of viruses or other harmful components. The use of our website is at your sole risk and you assume full responsibility for any costs associated with your use of our website. We will not be liable for any damages of any kind related to the use of our website. In no event will we, or our affiliates, our or their respective content or service providers, or any of our or their respective directors, officers, agents, contractors, suppliers or employees be liable to you for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action, or lost revenue, lost profits, lost business or sales, or any other type of damage, whether based in contract or tort (including negligence), strict liability or otherwise, arising from your use of, or the inability to use, or the performance of, our website or the content or material or functionality through our website, even if we are advised of the possibility of such damages. Certain jurisdictions do not allow the limitation of liability or the exclusion or limitation of certain damages. In such jurisdictions, some or all of the above disclaimers, exclusions, or limitations, may not apply to you and our liability will be limited to the maximum extent permitted by law.
8. Indemnification
You agree to defend and indemnify us, and hold us and our affiliates harmless, and our and their respective directors, officers, agents, contractors, and employees against any losses, liabilities, claims, expenses (including legal fees) in any way arising from, related to or in connection with your use of our website, your violation of the Terms, or the posting or transmission of any materials on or through the website by you, including but not limited to, any third party claim that any information or materials provided by you infringe upon any third-party proprietary rights. 11. Entire Agreement The Terms and any documents expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of the Terms and supersede any prior agreement, understanding, or arrangement between you and us, whether oral or in writing. Both you and we acknowledge that, in entering into these Terms, neither you nor we have relied on any representation, undertaking, or promise given by the other or implied from anything said or written between you and us prior to such Terms, except as expressly stated in the Terms.
12. Waiver
Our failure to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us is effective unless it is communicated to you in writing.
13. Headings
Any headings and titles herein are for convenience only.
14. Trade Marks PowerMax's trademarks and trade dress may not be used in connection with any product or service that is not PowerMax's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits PowerMax. All other trademarks not owned by PowerMax's or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by PowerMax or its subsidiaries.
15. Copyright All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of POWERMAX or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of POWERMAX, with copyright authorship for this collection by POWERMAX, and protected by international copyright laws.
16. LICENSE AND SITE ACCESS
POWERMAX FITNESS grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of POWERMAX FITNESS. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of POWERMAX FITNESS. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of POWERMAX FITNESS and our associates without express written consent. You may not use any meta tags or any other "hidden text" utilizing POWERMAX's name or trademarks without the express written consent of POWERMAX FITNESS. Any unauthorized use terminates the permission or license granted by POWERMAX FITNESS. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of POWERMAX FITNESS so long as the link does not portray POWERMAX FITNESS, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any POWERMAX FITNESS logo or other proprietary graphic or trademark as part of the link without express written permission.
15. Severability
If any of the provisions of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable, such provision will to that extent be severed from the remaining Terms, which will continue to be valid and enforceable to the fullest extent permitted by law.
16. Governing Law
Any disputes arising out of or relating to the Terms, the Privacy Policy, use of our website, or our products or services offered on our website will be resolved in accordance with the laws of the Goa State without regard to its conflict of law rules. Any disputes, actions, or proceedings relating to the Terms or your access to or use of our website must be brought before the courts of the Goa State in Panjim, Goa and you irrevocably consent to the exclusive jurisdiction and venue of such courts.
17. Questions or Concerns
Please send all questions, comments, and feedback to us at info@powermaxfitness.net
18. Deals, Offers, and Partial Payment Orders
