Terms and Conditions

Kindly peruse the terms and conditions carefully before initiating your journey with our service.

Interpretation and Definitions

Interpretation

The following terms whose initial letter is capitalized is defined as best suited to the following conditions. The terms shall bear the same meaning irrespective of their subject-verb agreement.

Definitions

For the purposes of these Terms and Conditions:

  • Affiliate: Affiliates are organizations that control, are controlled by, or share a common ownership stake with one or more parties. To be considered in “control” means to hold at least 50% of the shares, equity interests, or other securities with democratic rights for the election of directors or other management positions.
  • Country here refers to: Maharashtra, India
  • Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Phygitall.co, 158, Bhagat Singh Soc, JB Nagar, Andheri East, Mumbai 400059, MH,India.
  • Device:Any kind of electronic gadget like a computer, desktop, mobile, tablet or a digital device that can access the service directly through their gadgets.
  • Service refers to the Website.
  • Terms and Conditions (also referred as “Terms”)Terms and Conditions refer to these particular terms and conditions that embody the entire agreement between ‘You’ and the ‘Company’ with regard to the use of the Services. The ‘TermsFeed’ Terms and ‘Conditions’ Generator was used to assist generate this Terms and Conditions agreement.
  • Third-party Social Media Service Any services or contents (including data, information, products, or services) generated by a third party and displayed, included, or made accessible by the Service is alluded to as a third-party social media service.
  • Website represents Phygitall, accessible from https://phygitall.co/
  • You:“You” relates to the individual accessing or utilizing the service, or, if applicable, the business or other legal organization that the person is accessing or using the service on their behalf.

Acknowledgment

These are the terms and conditions that apply to the use of this Service and the contract between You and the Company. Regarding the use of the Service, these Terms and Conditions outline each user’s rights and responsibilities.

Your acceptance of and adherence to these Terms and Conditions will govern your access to and use of the Service. All users, visitors, and other individuals who access or use the Service are subject to these Terms and Conditions.

You consent to being bound by these Terms and Conditions by accessing or using the Service. You are not permitted to access the Service if You Disagree With Any Portion Of These Terms And Conditions.

You certify that you are older than 18 years old. Under-18s are not allowed to utilise the Service, according to the Company.

The Company’s Privacy Policy must also be accepted and followed in order for you to access and use the Service. Our Privacy Policy informs You of Your privacy rights and the ways in which the law protects You while describing Our policies and practises regarding the gathering, use, and sharing of Your personal information when You use the Application or the Website. Before using Our Service, please carefully read Our Privacy Policy.

Links to Other Websites

Links to third-party websites or services that are not within the Company’s control or ownership may be found on our service.
The Company has no control over, and accepts no liability for, any third-party web sites or services’ content, privacy policies, or practices. Additionally, you acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any harm or loss caused or claimed to have been caused by, or in connection with, the use or reliance on any such content, products or services made available on or through any such web sites or services.

We strongly recommend that You read the terms and conditions as well as the privacy policies of any third-party web sites or services that You access.

Termination

We reserve the right to instantly revoke or stop Your access for any reason, including without limitation if You violate these Terms and Conditions, without prior warning or liability.

Your ability to use the Service will end immediately upon termination.

Limitation of Liability

Regardless of any damages You may incur, the Company’s and any of its suppliers’ complete obligation under any provision of these Terms, and Your only recourse for all of the foregoing, shall be limited to the amount actually paid by You through the Service, or $100 USD if You haven’t purchased anything through the Service.

To the greatest extent permissible by applicable law, neither the Company nor its suppliers shall be liable for any special, incidental, indirect, or consequential damages (including, but not limited to, damages for loss of profits, loss of data or other information, business interruption, personal injury, or loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms) arising out of or in any way linked to the use or inability to use the Service, third-party software, and/or third-party hardware.

Certain of the aforementioned restrictions might not be applicable because some states do not permit the exclusion of implied warranties or the limitation of liability for incidental or consequential damages. Each party will only be liable in these states to the fullest extent permitted by law.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. The Company expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, as well as any warranties that may arise from course of dealing, course of performance, or usage of trade. This disclaimer is made on behalf of the Company, on behalf of its Affiliates, on behalf of those parties’ respective licensors, and on behalf of those parties’ respective service providers. Without limiting the aforementioned, the Company gives no assurance that the Service will satisfy Your needs, produce the intended results, be compatible with other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards, be error-free, or that any errors or defects can be fixed.

Without limiting the aforementioned, neither the Company nor any of the Company’s suppliers give any guarantee of any kind, either stated or implied:
(i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon;
(ii) that the Service will be uninterrupted or error-free;
(iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or
(iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Because some jurisdictions do not permit the exclusion of certain types of warranties or the limiting of a consumer’s applicable statutory rights, some or all of the foregoing exclusions and limitations may not apply to You. However, in this situation, the exclusions and limits outlined in this section shall be enforced to the fullest extent permitted by the law.

Governing Law

The Terms and Your use of the Service shall be governed by the laws of the Country, except its rules regarding conflicts of law. Other local, state, national, or international laws may also apply to how you use the application.

Disputes Resolution

You consent to first attempt an informal resolution of any issues or disagreements you may have with the Service by contacting the Company.

For European Union (EU) Users

If you are a consumer from the European Union, you will be protected by any requirements imposed by the legislation of the nation in which you currently reside.

United States Legal Compliance

You guarantee and represent that  (i) you do not reside in a nation that the US government has embargoed or that it has designated as “terrorist-supporting,” and (ii) you are not on any list of people or entities that the US government has restricted or prohibited.

Severability and Waiver

Severability

The remaining terms will remain in full force and effect if any provision of these terms is found to be void or unenforceable and will be amended and interpreted in a way that achieves the purposes of that provision to the fullest degree permitted by relevant law.

Waiver

Except as specified herein, a party’s refusal to exercise a right under these Terms or to compel performance of an obligation under them will not affect that party’s capacity to do so in the future, and a party’s waiver of one breach will not constitute a waiver of any subsequent breaches.

Translation Interpretation

If We make these Terms and Conditions available to You on our Service, they might have been translated. You acknowledge that in the event of a disagreement, the original English text shall control.

Changes to These Terms and Conditions

We reserve the right to alter or amend these Terms at any moment, in Our sole discretion. We shall use reasonable efforts to give you at least 30 days’ notice before any new terms go into effect, if the adjustment is important. We reserve the right to determine what counts as a material change.

You agree to be bound by the amended terms if you access or use Our Service after such revisions take effect. Please discontinue using the website and the Service if, in whole or in part, You disagree with the new terms.

Contact Us

You can get in touch with us if you have any issues regarding these terms and conditions:

  • By email: teamphygitall@phygitall.co
  • By visiting this page on our website: https://phygitall.co/contact-phygitall/
  • By phone number: +91 8356855199
  • By mail: 158, Bhagat Singh Soc, JB Nagar, Andheri East, Mumbai 400059, MH, India