Terms and Conditions
Please read the Terms and Conditions carefully before using Fitness choice.com.np.
This electronic record is generated by a computer system and does not require any physical or digital signatures.
1. INTRODUCTION
Welcome to Fitness.com.np also hereby known as “we", "us" or "Fitness choice". We are a fitness equipment service provider and these are the terms and conditions governing your access and use of Fitness choice along with its related sub-domains, sites, mobile app, services, and tools (the "Site"). By using the Site, you hereby accept these terms and conditions (including the linked information herein) and represent that you agree to comply with these terms and conditions (the "User Agreement"). This User Agreement is deemed effective upon your use of the Site which signifies your acceptance of these terms. If you do not agree to be bound by this User Agreement please do not access, register with, or use this Site. This site is owned and operated by Fitness choice.
 
 The Site reserves the right to change, modify, add, or remove portions of these Terms and Conditions at any time without any prior notification. Changes will be effective when posted on the Site with no other notice provided. Please check these Terms and Conditions regularly for updates. Your continued use of the Site following the posting of changes to Terms and Conditions of use constitutes your acceptance of those changes. 
 
 
2. CONDITIONS OF USE
B. PRIVACY
Please review our Privacy Agreement, which also governs your visit to the Site. The personal information/data provided to us by you or your use of the Site will be treated as strictly confidential, following the Privacy Agreement and applicable laws and regulations. If you object to your information being transferred or used in the manner specified in the Privacy Agreement, please do not use the Site.
C. PLATFORM FOR COMMUNICATION
You agree, understand, and acknowledge that the Site is an online platform that enables you to purchase products listed at the price indicated therein at any time from any location using a payment method of your choice. You further agree and acknowledge that we are only a facilitator and cannot be a party to or control in any manner any transactions on the Site or a payment gateway as made available to you by an independent service provider. Accordingly, the contract of sale of products on the Site shall be a strictly bipartite contract between you and the sellers on our Site while the payment processing occurs between you, the service provider, and in case of prepayments with electronic cards your issuer bank. Accordingly, the contract of payment on the Site shall be strictly a bipartite contract between you and the service provider as listed on our Site.
 
 
D. CONTINUED AVAILABILITY OF THE SITE
We will do our utmost to ensure that access to the Site is consistently available and is uninterrupted and error-free. However, due to the nature of the Internet and the nature of the Site, this cannot be guaranteed. Additionally, your access to the Site may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction
F. YOUR CONDUCT
You must not use the website in any way that causes, or is likely to cause, the Site or access to it to be interrupted, damaged, or impaired in any way. You must not engage in activities that could harm or potentially harm the Site, its employees, officers, representatives, stakeholders, or any other party directly or indirectly associated with the Site or access to it to be interrupted, damaged, or impaired in any way. You understand that you, and not us, are responsible for all electronic communications and content sent from your computer to us and you must use the Site for lawful purposes only. You are strictly prohibited from using the Site for;
 
 
G. YOUR SUBMISSION
Anything that you submit to the Site and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, "Submissions") will become our sole and exclusive property and shall not be returned to you. In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions without any notice or legal course applicable to us in this regard.
H. TRADEMARKS AND COPYRIGHTS
Fitness choice.np, Fitness choice logo, D for Fitness choice logo, Fitness choice, Fitness choice Fashion, Fitness choice Basics, and other marks indicated on our Site are trademarks or registered trademarks in the relevant jurisdiction(s). Our graphics, logos, page headers, button icons, scripts, and service names are the trademarks or trade dress and may not be used in connection with any product or service that does not belong to us or in any manner that is likely to confuse customers, or in any manner that disparages or discredits us. All other trademarks 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 us.
 
 All intellectual property rights, whether registered or unregistered, in the Site, information content on the Site and all the website design, including, but not limited to text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code, and software shall remain our property. The entire contents of the Site also are protected by copyright as a collective work under Nepali copyright laws and international conventions. All rights are reserved.
I. DISCLAIMER
You acknowledge and undertake that you are accessing the services on the Site and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the Site. We shall neither be liable nor responsible for any actions or inactions of sellers nor any breach of conditions, representations or warranties by the sellers or manufacturers of the products and hereby expressly disclaim and any all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between you and the sellers or manufacturers of the products.
 
 We shall neither be liable or responsible for any actions or inactions of any other service provider as listed on our Site which includes but is not limited to payment providers, installment offerings, warranty services amongst others.
J. INDEMNITY
You shall indemnify and hold harmless Fitness choice as owned by MNBC Group, its subsidiaries, affiliates and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms and Conditions or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.
 
 You hereby expressly release Fitness choice as owned by MNBC Group and /or its affiliates and/or any of its officers and representatives from any cost, damage, liability, or other consequence of any of the actions/inactions of the sellers or other service providers and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.
K. THIRD PARTY BUSINESSES
Parties other than Fitness choice and its affiliates may operate stores, provide services, or sell product lines on the Site. For example, businesses and individuals offer products via Marketplace. In addition, we provide links to the websites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any of these businesses or individuals, or the content of their websites. We do not assume any responsibility or liability for the actions, products, and content of any of these and any other third parties. You can tell when a third party is involved in your transactions by reviewing your transaction carefully, and we may share customer information related to those transactions with that third party. You should carefully review their privacy statements and related terms and conditions.
L. COMMUNICATING WITH US
When you visit the Site or send e-mails to us, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, SMS, phone call, or by posting notices on the Site or by any other mode of communication we choose to employ. For contractual purposes, you consent to receive communications (including transactional, promotional, and/or commercial messages), from us concerning your use of the website (and/or placement of your order) and agree to treat all modes of communication with the same importance.
 
 
M. LOSSES
We will not be responsible for any business or personal losses (including but not limited to loss of profits, revenue, contracts, anticipated savings, data, goodwill, or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the Site.
 
 
N. AMENDMENTS TO CONDITIONS OR ALTERATIONS OF SERVICE AND RELATED PROMISE
We reserve the right to make changes to the Site, its policies, these terms and conditions and any other publicly displayed condition or service promise at any time. You will be subject to the policies and terms and conditions in force at the time you used the Site unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
O. EVENTS BEYOND OUR CONTROL
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
P. WAIVER
You acknowledge and recognize that we are a private commercial enterprise and reserve the right to conduct business to achieve our objectives in a manner we deem fit. You also acknowledge that if you breach the conditions stated on our Site and we take no action, we are still entitled to use our rights and remedies in any other situation where you breach these conditions.
Q. TERMINATION
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and Conditions or revoke any or all of your rights granted under the Terms and Conditions. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the Site shall not be liable to you or any other person as a result of any such suspension or termination. If you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines, or practices in operating the Site, your sole, and exclusive remedy is to discontinue using the Site.
R. GOVERNING LAW AND JURISDICTION
These terms and conditions are governed by and construed under the laws of the Federal Democratic Republic of Nepal. You agree, as we do, to submit to the exclusive jurisdiction of the courts in Katmandu.
 
 
 
S. CONTACT US
You may reach us on our contact no.
T. OUR SOFTWARE
Our software includes any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with the Site (the "Software").
3. CONDITIONS OF SALE (BETWEEN SELLERS AND CUSTOMERS)
Please read these conditions carefully before placing an order for any products with the Sellers (“We” or “Our” or “Us”, wherever applicable) on the Site. These conditions signify your agreement to be bound by these conditions.
A. CONDITIONS RELATED TO SALE OF THE PRODUCT OR SERVICE
This section deals with conditions relating to the sale of products or services on the Site.
 
B. RETURNS
Please review our return policy for details.
C. PRICING, AVAILABILITY, AND ORDER PROCESSING
All prices are listed in Nepalese Rupees and are inclusive of VAT and are listed on the Site by the seller that is selling the product or service. Items in your Shopping Cart will always reflect the most recent price displayed on the item's product detail page. Please note that this price may differ from the price shown for the item when you first placed it in your cart. Placing an item in your cart does not reserve the price shown at that time. It is also possible that an item's price may decrease between the time you place it in your basket and the time you purchase it.
 
 We do not offer price matching for any items sold by any seller on our Site or other websites.
 
 We are determined to provide the most accurate pricing information on the Site to our users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the Site. As such, we reserve the right to refuse or cancel any order. If an item is mispriced, we may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your prepayment processed. If such a cancellation occurs on your prepaid order, our policies for refund will apply.
 
 We list availability information for products listed on the Site, including on each product information page. Beyond what we say on that page or otherwise on the Site, we cannot be more specific about availability. Please note that dispatch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such. As we process your order, you will be informed by e-mail or SMS if any products you order turn out to be unavailable.
 
 Please note that there are cases when an order cannot be processed for various reasons. The Site reserves the right to refuse or cancel any order for any reason at any given time. You may be asked to provide additional verifications or information, including but not limited to phone number and address before we accept the order.
 
 To avoid any fraud with credit or debit cards, we reserve the right to obtain validation of your payment details before providing you with the product and to verify the personal information you shared with us. This verification can take the shape of an identity, place of residence, or banking information check. The absence of an answer following such an inquiry will automatically cause the cancellation of the order within a reasonable timeline. We reserve the right to proceed to direct cancellation of an order for which we suspect a risk of fraudulent use of banking instruments or other reasons without prior notice or any subsequent legal liability.
 
 Refund
· Refund can be redeemed on our Website, as full or part payment of products from our Website within the given timeline.
· Promotional voucher is non-refundable and cannot be exchanged for cash in part or full and is valid for a single transaction only.
· Promotional vouchers may not be valid during a sale or in conjunction with any special promotion.
· Voucher will work only if minimum purchase amount and other conditions are met.
· Fitness choice reserves the right to vary or terminate the operation of any voucher at any time without notice.
· Fitness choice shall not be liable to any customer or household for any financial loss arising out of the refusal, cancellation, or withdrawal of any Voucher or any failure or inability of a customer to use a voucher for any reason.
· Vouchers are not replaceable if expired.
 
 
 
Security and Fraud
· When you use a voucher, you warrant to Fitness choice that you are the duly authorized recipient of the voucher and that you are using it in good faith.
· If you redeem, attempt to redeem, or encourage the redemption of the voucher to obtain discounts to which you are not entitled you may be committing a civil or criminal offense.
· If we reasonably believe that any voucher is being used unlawfully or illegally we may reject or cancel any voucher/order and you agree that you will have no claim against us in respect of any rejection or cancellation. Fitness choice reserves the right to take any further action it deems appropriate in such instances.
 
 
E. RESELLING FITNESS CHOICE PRODUCTS
Reselling Fitness choice products for business purposes is strictly prohibited. If any unauthorized personnel is found committing the above act, legal action may be taken against him/her. 
 
 
F. TAXES
You shall be responsible for payment of all fees/costs/charges associated with the purchase of products from the Site and you agree to bear any applicable taxes as per prevailing law.
G. COMMUNICATING WITH US
When you visit the Site or send e-mails to us, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, SMS, phone call, or by posting notices on the website or by any other mode of communication we choose to employ. For contractual purposes, you consent to receive communications (including transactional, promotional, and/or commercial messages), from us to your use of the website (and/or placement of your order) and agree to treat all modes of communication with the same importance.
H. LOSSES
We will not be responsible for any business or personal losses (including but not limited to loss of profits, revenue, contracts, anticipated savings, data, goodwill, or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website.
I. AMENDMENTS TO CONDITIONS OR ALTERATIONS OF SERVICE AND RELATED PROMISE
We reserve the right to make changes to the Site, its policies, these terms and conditions and any other publicly displayed condition or service promise at any time. You will be subject to the policies and terms and conditions in force at the time you used the website unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
 
 
 
J. EVENTS BEYOND OUR CONTROL
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
 
 
K. WAVIER
You acknowledge and recognize that we are a private commercial enterprise and reserve the right to conduct business to achieve our objectives in a manner we deem fit. You also acknowledge that if you breach the conditions stated on our Site and we take no action, we are still entitled to use our rights and remedies in any other situation where you breach these conditions.
L. GOVERNING LAW AND JURISDICTION
These terms and conditions are governed by and construed following the laws of the Federal Democratic Republic of Nepal. You agree, as we do, to submit to the exclusive jurisdiction of the courts in Katmandu.
M. REPRESENTATIONS AND WARRANTIES
We do not make any representation or warranty as to specifics (such as quality, value, saleability, etc) of the products or services listed to be sold on the Site when products or services are sold by third parties. We do not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Site. We accept no liability for any errors or omissions, whether on behalf of itself or third parties.
 
 We are not responsible for any non-performance or breach of any contract entered into between you and the sellers. We cannot and do not guarantee your actions or those of the sellers as they conclude transactions on the Site. We are not required to mediate or resolve any dispute or disagreement arising from transactions occurring on our Site.
 
 We do not at any point in time during any transaction as entered into by you with a third party on our Site, gain title to or have any rights or claims over the products or services offered by a seller. Therefore, we do not have any obligations or liabilities in respect of such contract(s) entered into between you and the seller(s). We are not responsible for the unsatisfactory or delayed performance of services or damages or delays as a result of products that are out of stock, unavailable, or back-ordered.
 
 Pricing on any product(s) or related information as reflected on the Site may be due to some technical issue, typographical error, or other reason by incorrect as published and as a result, you accept that in such conditions the seller or the Site may cancel your order without prior notice or any liability arising as a result. Any prepayments made for such orders will be refunded to you per our refund policy as stipulated.