Terms and Conditions

By using the services of the Company, clients acknowledge and agree to the below-stated terms and policies.

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Eternal Earth LLP ("Company") is an entity existing under the laws of India, conducting business under the brand name “Eternal Earth” and "BeUltraFit" (the “Website Provider”) and provides the content and services available on this website (www.eternalearth.co.in/, referred to as “Site”) to you subject to the following Terms and Conditions and the Privacy Policy and other terms and conditions and policies which you may find throughout our Site all of which are deemed a part of and included within these terms and conditions (collectively, “Terms and Conditions”).

1. General

To access and use this site, you must be over 18 years of age. If you are a minor, the prior authorization of your guardian is required for you to access and use this site.

By accessing or using this site, you acknowledge that you have read, understood, and you agree, without limitation or qualification, to be bound by these Terms and Conditions. If you do not want to be bound by the Terms and Conditions, you must not use our site/services. We reserve the rights to modify the terms contained herein at any time by publishing such modifications on the Site. The modified Terms and Conditions would be effective from the date of publication of such modification on the Site.

2. Privacy

Please review our privacy policy so that you may understand our privacy practices.

3. Pricing and Payment

Our Site displays the prices of our services.

Prices, products and services may change at the discretion of the Website Provider.

We reserve the right to correct any errors, inaccuracies or omissions which may relate to product descriptions, pricing, offers and availability and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).

The Site uses the services of a third party payment processing provider for processing payments made on the site. Your use of the payment gateway will be subject you adhering to the terms and conditions of use prescribed by the payment processing provider(s), over which we have no control. You acknowledge and understand that the payment gateway services made available through the site are owned, controlled and provided by the payment processing provider(s) and hence, the Website Provider does not warrant and in no way will be liable for the timeliness of such services and the handover of payments through such services.

We shall not be liable in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of the cardholder having exceeded the preset limit mutually agreed by us with our bank from time to time.

4. Delivery of services and shipping

We endeavor to deliver all products within 7-14 days of receipt of the order and endeavor to deliver all services as per the dates made available on the website. There may, however, be anomalies in delivery times but we will endeavor to keep these to a minimum. For details regarding timelines for delivery of bulk orders please contact contact.eternalearth@gmail.com.

Sales are "first come, first served" basis. No information regarding the presence of availability of our stock or services will be guaranteed and we will alert you only when an item or service is soldout.

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All product deliveries require the named person’s signature, so please ensure you are available at your selected delivery address to take delivery of the purchased products.

We reserve the right to cancel your order due to issues arising out of inventory or other internal issues or issues such as strikes, interstate regulations, delivery outrage etc. We will inform you of cancelation of your order and will offer you a refund.

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5. Return, exchange and cancellation

Our focus is complete customer satisfaction. We will refund the money only in case we fail to provide service to our customers from our end post our internal investigation. Applicant need to apply for the same via email at contact.eternalearth@gmail.com.

Refund will not be provided to the user, once it is earned by the company, because of the time and energy invested by our manpower for their work done, which is not returnable. So basically, all the processing fees, payment gateway charges, admin fees, and cost of resources for the work done, will be deducted. In short, further, we can’t refund any money which is paid to government bodies, such as filing fees or taxes, or to other third parties with a role in processing your order.

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The result of services are not guaranteed as the same involves several factors outside our control. 

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Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason, without any claims or liability to pay finance charges or interest on the amount. Some situations that may result in your order being canceled include but are not limited to inaccuracies or errors in solutions or pricing information, technical or technological problems or problems identified in relation to credit / debit fraud. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is cancelled by us after your credit / debit card has been charged, the said amount will be refunded to that credit / debit card account.

You agree and acknowledge that unless stated otherwise you are not entitled to cancel any orders made by you on this Website. In the event you subscribe to any service, the same may be cancelled by you one month prior to the provision of the services, in such a case you will be refunded in the entire amount after deducting any bank charges that may have been applicable. Further during a period between one month and 14 days from when the services are to be provided, if there is a cancellation request received, we may at our discretion refund 50% of the amount, after deducting any bank charges that may have been applicable, to you. A period of 14 days before the services to be provided no request for cancelation will not be entertained by the Company.

6. Products and services for personal use

The products and services described on this Site, including any samples, are for your personal use only. Any resale of merchandise purchased from the Website Provider will not be permitted without prior permission.

We reserve the right to refuse or limit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors, or otherwise violate these Terms and Conditions. If we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail, mailing address or telephone number provided at the time the order was made.

In case of bulk orders please email contact.eternalearth@gmail.com.

7. Accuracy of information

We attempt to be as accurate as possible when describing our products and services on the Site. However, except to the extent implied by applicable law, we do not warrant that the product descriptions, colours, information or other content available on the website are accurate, complete, reliable, current, or error-free.

The quality of any products, services, information, or other material purchased or obtained by you through the site may not meet your expectations.

8. Intellectual property rights

All workout plans, guidance, diet charts, and related materials provided as part of the services and all information and content available on the Site, its get-up and design, including but not limited to trademarks, logos, service marks, text, graphics, button icons, images, audio clips, data compilations and software, and its arrangement, selection, compilation and organization, (collectively, the “Content”) is the property of the Website Provider and is protected by the laws of India, including laws governing all applicable forms of intellectual property.

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Except as required under applicable law, neither the Content nor any portion of this Site may be used, reproduced, duplicated, copied, sold, resold, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.

For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes is not permitted.

9. Your obligations and responsibilities

In the access or use of the Site, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the website. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the website or any Content or services that may appear on this website and may not impair in any way the integrity or operation of the website. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or willfully in any of the obligations set forth in these Terms and Conditions, you shall be liable for all the losses and damages that this may cause to the Website Provider, our partners or any other person/entity that we work with.

You will not host, display, upload, modify, publish, transmit, update or share any information that:

1. Belongs to another person and to which you do not have any proprietary right;

2. Is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

3. Harm minors in any way;

4. Infringes any patent, trademark, copyright or other proprietary rights; 

5. Violates any law for the time being in force;

6. Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

7. Impersonates another person;

8. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or

9. Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

We retain the right to remove from the Site any content that contravenes any of the above conditions.  

10. Third party links

We are not responsible for the content of any third party websites or any other websites linked to or from the Site. Links appearing on this Site are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any third party website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, third party website pages or any other websites linked to or from the site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all website pages that you visit.

We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorized in writing by us to resume linking.

11. Suggestions

Any inquiries, feedback, suggestions, ideas or other information you provide us (collectively, “Suggestions”) will be treated as non-proprietary and non-confidential. Subject to the terms of our Privacy Policy, by transmitting or posting any Suggestion, you hereby grant us the right to copy, use, reproduce, modify, adapt, translate, publish, license, distribute, sell or assign the Suggestion in anyway as we see fit, including but not limited to copying in whole or in part, creating derivative works from, distributing and displaying any Suggestion in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works, or using the Suggestion within or in connection with our products or services. You also acknowledge that your Suggestion will not be returned and we may use your Suggestion, and any ideas, concepts or know how contained therein, without payment of money or any other form of consideration, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.

If you make a Suggestion, you represent and warrant that you own or otherwise control the rights to your Suggestion. You further represent and warrant that such Suggestion does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam”. You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Suggestion. You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Suggestion or any damages arising from any Suggestion.

12. Representations, Warranties and Limitation of Liability

The Site is presented “As-Is”.  We make no representations or warranties of any kind whatsoever, express or implied, in connection with these Terms and Conditions or the Site, including but not limited to warranties of merchantability, non-infringement, delivery, refund or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable. 

Eternal Earth’s personal and health services are provided by certified instructors. You are required to consult a medical professional before utilizing any of the services.

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Though enormous efforts are made and precautions taken to render the services, it is possible that parts of the services may adversely affect individuals, especially ones with pre-existing medical conditions. It will be your sole responsibility to take proper precaution/ professional medical/dermatological advice before using any of our personal and health products and services. You agree that the Website Provider will not be responsible or liable for any product related issues on account of usage/ consumption of our products/services. If any discomfort occurs upon the use of any product/service, please discontinue use immediately and consult a medical professional. 

Products/Services sold by us on the Site make no claim to diagnose, cure, mitigate, prevent or treat any disease or medical problem and is not intended to substitute other therapy or medical advice. In the case of pregnancy , nursing or illness , or if taking medications , please consult with your health care professional before using our products/services. 

In no event will we be liable for any DIRECT, indirect, special, punitive, EXEMPLARY, incidental, or consequential damages of any kind (including lost profits, LOSS OF REPUTATION)related to the Site or your use thereof regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages and in no event shall our maximum aggregate liability exceed Indian Rupees 2000 only.

13. Limitation period

You agree that no claims or action arising out of, or related to, the use of the website or these terms and conditions may be brought by you more than six (6) months after the cause of action relating to such claim or action arose.

14. Indemnification

You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand resulting from your use of the Site or breach of these Terms and Conditions. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.

15. Governing law

These Terms and Conditions shall be governed by and constructed in accordance with the laws of India and  shall be subject to the exclusive jurisdiction of the courts at Bangalore, Karnataka.

16. Disputes

With respect to any dispute regarding the website, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of India and the courts of Bangalore, India.

 In case any dispute cannot be resolved amicably at the first instance, the dispute shall be referred to a sole Arbitrator. The arbitration will be governed by the Arbitration Act,1996. The venue of such arbitration shall be at Bangalore, India and the award of the Arbitrator shall be final and binding on all parties and may be entered as a judgment in any court of competent jurisdiction.

17. Severability

If any provision of the Terms and Conditions is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms and Conditions shall continue to be in full force and effect.

18. General

Full agreement: You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of the website, and supersede and govern all prior proposals, agreements, or other communications.

Amendments: We reserve the right, in our sole discretion, to change these Terms and Conditions at anytime by posting the changes on the website and providing notice of such change. Any changes are effective immediately upon posting to the Site and release of notice of such change. Your continued use of the website thereafter constitutes your agreement to all such changed Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the website.

No agency / partnership: Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself.

19. Termination

These Terms and Conditions are effective unless and until terminated by the Website Provider. You may terminate these Terms and Conditions at any time provided you cease further use of the Site. We also may terminate these Terms and Conditions at any time without notice and, accordingly, may deny you access to the Site if, in our sole judgment, you fail to comply with any provision of these Terms and Conditions

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20. Redressal Of Grievances

If you have any questions or grievances regarding the Site, or the contents thereof, you may reach out to us at contact.eternalearth@gmail.com. The Grievance Officer i.e. Mrs. Purva Narangshall address any complaint or grievance that is raised within a period of one (1) month from when it is raised.  

21. Use Outside India

Although the Site may be accessible worldwide, we make no representation that materials on the Site are appropriate or available for use in locations outside India or that the Site complies with the laws that are applicable in any jurisdiction that is outside India. Accessing the Site from territories where the content is deemed illegal is prohibited. Access to the Site from locations outside India shall be at your own initiative and you are responsible for compliance with local laws.