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Privacy & Security

We believe that privacy is more than an issue of compliance and endeavor to manage personal information in accordance with our core value of respect for the individual. We’re committed to providing a secure and fair marketplace for our buyers and sellers. To support this commitment, we’ve put in place rules and policies that govern our expectations of buyers and sellers, the actions we’ll take to keep you safe, and how we’ll protect you if something goes wrong.

Fitandeffective.com Terms of Use

Please review these Terms of Use carefully.

1. Introduction

1.1 Welcome to the Fitandeffective platform run by Fitandeffective.com and its affiliates (individually and collectively, “Fitandeffective”, “we”, “us” or “our”). Fitandeffective takes its responsibilities under applicable privacy laws and regulations (“Privacy Laws”) seriously and is committed to respecting the privacy rights and concerns of all Users of our Fitandeffective platform (the “Platform”) (we refer to the Platform and the services we provide as described on our Platform collectively as the “Services”). We recognize the importance of the personal data you have entrusted to us and believe that it is our responsibility to properly manage, protect and process your personal data. This Privacy Policy (“Privacy Policy” or “Policy”) is designed to assist you in understanding how we collect, use, disclose and/or process the personal data you have provided to us and/or we possess about you, whether now or in the future, as well as to assist you in making an informed decision before providing us with any of your personal data.

1.2 “Personal Data” or “personal data” means data, whether true or not, about an individual who can be identified from that data, or from that data and other information to which an organization has or is likely to have access. Common examples of personal data could include name, identification number and contact information.

1.3 By using the Services, registering for an account with us, visiting our Platform, or accessing the Services, you acknowledge and agree that you accept the practices, requirements, and/or policies outlined in this Privacy Policy, and you hereby consent to us collecting, using, disclosing and/or processing your personal data as described herein. IF YOU DO NOT CONSENT TO THE PROCESSING OF YOUR PERSONAL DATA AS DESCRIBED IN THIS PRIVACY POLICY, PLEASE DO NOT USE OUR SERVICES OR ACCESS OUR PLATFORM. If we change our Privacy Policy, we will post those changes or the amended Privacy Policy on our Platform. We reserve the right to amend this Privacy Policy at any time.

1.4 This Policy applies in conjunction with other notices, contractual clauses, consent clauses that apply in relation to the collection, storage, use, disclosure and/or processing of your personal data by us and is not intended to override those notices or clauses unless we state expressly otherwise. 

1.5 This Policy applies to both buyers and sellers who use the Services except where expressly stated otherwise.

  • Your Account and Registration Obligations

If You use the Platform, You shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Platform and refuse to provide You with access to the Platform.

Your mobile phone number and/or e-mail address is treated as Your primary identifier on the Platform. It is your responsibility to ensure that Your mobile phone number and your email address is up to date on the Platform at all times. You agree to notify Us promptly if your mobile phone number or e-mail address changes by updating the same on the Platform through a onetime password verification.

You agree that Fitandeffective shall not be liable or responsible for the activities or consequences of use or misuse of any information that occurs under your Account in cases, including, where You have failed to update Your revised mobile phone number and/or e-mail address on the Website Platform.

If You share or allow others to have access to Your account on the Platform (“Account”), by creating separate profiles under Your Account, or otherwise, they will be able to view and access Your Account information. You shall be solely liable and responsible for all the activities undertaken under Your Account, and any consequences therefrom.

  • How Does Fitandeffective Protect And Retain Customer Information?

3.1 We implement a variety of security measures and strive to ensure the security of your personal data on our systems. User personal data is contained behind secured networks and is only accessible by a limited number of employees who have special access rights to such systems. However, there can be no guarantee of absolute security.

3.2 We will retain personal data in accordance with the Privacy Laws and/or other applicable laws. That is, we will destroy or anonymize your personal data when we have reasonably determined that (i) the purpose for which that personal data was collected is no longer being served by the retention of such personal data; (ii) retention is no longer necessary for any legal or business purposes; and (iii) no other legitimate interests warrant further retention of such personal data. If you cease using the Platform, or your permission to use the Platform and/or the Services is terminated or withdrawn, we may continue storing, using and/or disclosing your personal data in accordance with this Privacy Policy and our obligations under the Privacy Laws. Subject to applicable law, we may securely dispose of your personal data without prior notice to you.

  • Contents Posted on Platform

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, “Content”), is a third party user generated content and Fitandeffective has no control over such third party user generated content as Fitandeffective is merely an intermediary for the purposes of this Terms of Use.

Except as expressly provided in these Terms of Use, no part of the Platform and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Platform or other medium for publication or distribution or for any commercial enterprise, without Fitandeffective’s express prior written consent.

You may use information on the products and services purposely made available on the Platform for downloading, provided that You (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.

You shall be responsible for any notes, messages, emails, reviews, ratings, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Platform (collectively, “Content”). Such Content will become Our property and You grant Us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide. You agree that any Content You post may be used by us, consistent with Our Privacy Policy and Rules of Conduct on Site as mentioned herein, and You are not entitled to any payment or other compensation for such use.

Some content offered on the platform may not be suitable for some viewers and therefore viewer discretion is advised. Also, some content offered on the platform may not be appropriate for viewership by children. Parents and/or legal guardians are advised to exercise discretion before allowing their children and/or wards to access content on the platform.

  • Cookies & Similar Technologies

When you use our Services, we and selected third parties may use cookies and similar technologies to provide you with a better, faster and safer user experience or to show you personalized advertising. Cookies are small text files that are automatically created by your browser and stored on your device when you use the Services. You can find detailed information about our use of cookies and similar technologies and your choices in our User Cookie Notice.

  • User Cookie Notice.

Information regarding the technologies we use

When you use our Services, we and authorized third-party providers make use of cookies and similar technologies. We make use of cookies and similar technologies which will not be saved on your device or which will only be saved on your device for as long as your browser is active (e.g. session cookies). Furthermore, we make use of cookies and similar technologies which will be saved on your device for a longer period (e.g. persistent cookies). Where possible, we take appropriate security measures to prevent unauthorized access to our cookies and similar technologies. A unique identifier (ID) ensures that only we and authorized third-party providers have access to data that has been collected by means of cookies and similar technologies.

The cookies and similar technologies used by us have various functions:

They can be (technically) necessary for the provision of our Services

They help us to technically enhance our Services (e.g. monitoring of error messages and loading times)

They help us to improve your user experience (e.g. by saving the font size and data entered into webforms)

They enable us to show you more relevant ads

Your Choices

You can decide to what extent we may use cookies and similar technologies within the provision of our Services. Your choice options will depend on the purposes for which we use these technologies.

With regard to the use of advertising-related or personalization-related technologies, you have in particular the following options:

All users: You can adjust the settings for the usage of first-party cookies (and similar technologies) for marketing purposes on the site.

Users in the EEA: Users in the European Economic Area (EEA) can also determine whether they consent to the use of cookies and similar technologies for marketing purposes via the advertising preferences.

Do Not Track

California law requires us to let you know how we respond to web browser Do Not Track (DNT) signals. Because there currently isn’t an industry or legal standard for recognizing or honoring DNT signals, we don’t respond to them at this time. We await the result of work by the privacy community and industry to determine when such a response is appropriate and what form it should take.

  • Other Businesses

Fitandeffective does not take responsibility or liability for the actions, products, content and services on the Platform, which are linked to Affiliates and / or third party Platforms using Platform’s APIs or otherwise. In addition, the Platform may provide links to the third party Platforms of Our affiliated companies and certain other businesses for which, Fitandeffective assumes no responsibility for examining or evaluating the products and services offered by them. Fitandeffective do not warrant the offerings of, any of these businesses or individuals or the content of such third party Platform(s). Fitandeffective does not endorse, in any way, any third party Platform(s) or content thereof.

Fitandeffective Infringement Verification (FIV) – Reporting Listing Violations

Fitandeffective has put in place Fitandeffective Infringement Verification process so that intellectual property owners could easily report listings that infringe their rights. It is in Fitandeffective’s interest to ensure that infringing products are removed from the site, as they erode Buyer and good Seller trust.

If you are a Verified Rights Owner and want to report a listing issue, see Fitandeffective’s FIV. Note: Only the intellectual property rights owner can report potentially infringing products or listings through FIV. If you are not the intellectual property rights owner, you can still help by getting in touch with the rights owner and encouraging them to [contact us][].

If your listing was removed through FIV, and you believe that your listing was removed in error, please [contact us].

Fitandeffective does not and cannot verify that Sellers have the right or ability to sell or distribute their listed products. However, Fitandeffective is committed to removing infringing or unlicensed products once an authorized representative of the rights owner properly reports them to Fitandeffective.

FIV works to ensure that item listings do not infringe upon the copyright, trademark or other intellectual property rights of third parties. FIV participants have the ability to identify and request removal of allegedly infringing products and materials.

Any person or company who holds intellectual property rights (such as a copyright, trademark or patent) which may be infringed upon by products listed on Fitandeffective is encouraged to become a FIV member.

  • Placing an Order

Order Acceptance and Billing

You represent and warrant that you have the right to use any credit card or other means of payment that you provide to us. By providing payment card information to us, you authorize us to store and use the card as a payment method for purchases made through your Fitandeffective.com account, including on Fitandeffective affiliated sites and properties which you access via your Fitandeffective.com account credentials. Fitandeffective participates in account update services offered by some banks. If your bank participates in account updater services, these services will automatically update your card number or expiration date in our system when it changes. If you do not want to have your cards automatically updated, you can opt out of these services by contacting your issuing bank. All billing information you provide to us must be truthful and accurate. Providing any untruthful or inaccurate information is a breach of these Terms of Use and may result in cancellation of your order. Prior to accepting an order we may also request additional information from you. Verification of information may be required prior to the acknowledgment or completion of any purchase. We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. We will attempt to contact you if all or any portion of your order is canceled or if additional information is required to accept your order. Fitandeffective may request a pre-authorization for some orders placed online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.

By confirming your purchase at the end of the checkout process, you agree to accept and pay for the Products, as well as all shipping and handling charges and applicable taxes. You will not be charged for most orders until the order has shipped. Some exceptions (when you will be charged at the time your order is placed) are: (i) orders or preorders paid for with a Gift Card, eGift Card, or PayPal account; and (ii) orders paid using the in-store “Cash” payment method.

Fitandeffective reserves the right, including without prior notice, to limit the quantity of items purchased per person, per household, or per order for any reason. We will attempt to notify you should such limits be applied. Fitandeffective also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of these Terms of Use, “reselling” will be defined as purchasing or intending to purchase any Product(s) from Fitandeffective for the purpose of engaging in a commercial sale of the same Product(s) to a third party.

In addition to any other remedies available to it, Fitandeffective may in its sole discretion restrict or terminate your account, or cancel or refuse orders for violations of, or abuse of the Fitandeffective returns policy.

  • International Return Policy

Returns is a scheme provided by respective sellers directly under this policy in terms of which the option of exchange, replacement and/ or refund is offered by the respective sellers to you.

This Return Policy only applies to products that are listed on any website or mobile application owned or operated by Fitandeffective (the “Site”) as “Sold and Shipped by Fitandeffective”.Items covered by Fitandeffective’s International Return Policy, those products for which Fitandeffective states “This item is covered by Fitandeffective’s International Return Policy”, can only be returned for a refund. You must request a return within 30 days of the invoice date.

Items covered by Fitandeffective’s Services and Extended Warranties Return Policy, those products for which Fitandeffective states “This item is covered by Fitandeffective’s Services and Extended Warranties Return Policy”, can be returned if the service or warranty has not been used or redeemed. To receive a full refund, you must request a refund within 30 days of the invoice date. For requests for refunds after 30 days, you may receive a partial refund. A pro-rated refund may be provided by the warranty provider.