Terms and Conditions – Fitsa Foods Pvt. Ltd.
This Platform is operated by Fitsa Foods Pvt. Ltd. This document, i.e., the Terms of Use (“Terms”), outlines the terms and conditions governing your access to and use of our website, mobile platform, and related services (collectively referred to as the “Platform”). These Terms form a legally binding agreement between Fitsa Foods Pvt. Ltd. (“we”, “our”, “us”)—the registered owner of the Fitsa brand—and you, the user of the Platform (“User”, “you”, “your”).
Fitsa Foods Pvt. Ltd. is a Private Limited Company incorporated under the Companies Act, 2013, in India, with its registered office at:
C.R. Park, New Delhi – 110019
By accessing or using our Platform, you agree to be bound by these Terms. If you do not agree with any part of the Terms, you must refrain from using the Platform.
1. Acceptance of the Terms
Fitsa Foods Pvt. Ltd. offers the sale and delivery of its products and related services through this Platform (“Services”), subject to your acceptance of these Terms. Your agreement to these Terms is essential for us to deliver our Services responsibly and in compliance with applicable laws.
Please read these Terms carefully. If you do not agree with them, Fitsa Foods Pvt. Ltd. will be unable to provide its Services to you. By accessing, browsing, or using the Platform in any manner, you acknowledge that you have read, understood, and agreed to be bound by these Terms.
These Terms, along with any additional terms referred to or accepted by you from time to time, constitute a legally binding agreement (“Agreement”) between you and Fitsa Foods Pvt. Ltd.
We reserve the right to amend or modify these Terms at any time. Any changes will become effective immediately upon being posted on the Platform. Where feasible, we will attempt to inform you of updates via notifications, pop-ups, or email communication.
Your continued use of the Platform or our Services after any such changes shall be deemed as your acceptance of the revised Terms.
If you do not wish to be bound by the modified Terms, you may discontinue using our Services at any time.
2. Terms of Use of the Website
Legal Age & Eligibility
To use our Services independently, you must be of legal age and capable of entering into a binding agreement under the laws applicable to you. If you are a minor accessing or using our Services, it is presumed that you have obtained consent from a parent or legal guardian who accepts these Terms on your behalf.
Corporate Users
If you are accessing or using our Services on behalf of a company, organization, or other legal entity, you confirm that you have the authority to bind that entity to these Terms. The entity will be fully responsible for your actions and for any breach of these Terms, including indemnifying Fitsa Foods Pvt. Ltd. for any resulting claims or damages.
Advertisements & Promotions
By using our Platform, you agree and acknowledge that Fitsa Foods Pvt. Ltd. may display promotional content, marketing communications, and advertisements related to our products or services as part of your experience.
Usage Restrictions
By accessing the Platform, you agree not to:
Post, upload, transmit, or link to any content that is unlawful, threatening, abusive, defamatory, vulgar, sexually explicit, obscene, hateful, discriminatory, invasive of privacy, or otherwise objectionable.
Violate any intellectual property or proprietary rights of Fitsa Foods Pvt. Ltd. or any third party, including copyrights, trademarks, trade secrets, or privacy rights.
Harm or exploit minors in any way.
Impersonate any individual or entity, or falsely state or misrepresent your affiliation.
Introduce viruses, malware, bots, worms, or other harmful code that could disrupt or damage the Platform’s functionality.
Attempt to reverse engineer, decompile, or tamper with any part of the Platform software.
Gain unauthorized access to our servers, networks, or user data, or interfere with Platform functionality.
Use automated tools (like bots, spiders, or scripts) to harvest data, access accounts, or circumvent platform security.
Send spam or unsolicited bulk communications via or about the Platform.
Collect or request personal information for unlawful or commercial use.
Post or share images or videos of individuals without proper consent.
Copy, distribute, reproduce, or commercially exploit any part of the Platform or its content (e.g., images, descriptions, packaging designs).
Use the Platform for any unlawful, harmful, or fraudulent purposes.
Encourage or assist others in violating any of the above restrictions.
Platform Access & Enforcement
Fitsa Foods Pvt. Ltd. reserves the right to limit, suspend, or permanently terminate your access to the Platform at any time if you violate these Terms or engage in any behavior deemed inappropriate, unlawful, or harmful to the brand, its users, or its systems.
3. General Terms & Conditions of Sale
Pricing
Despite our best efforts to ensure accuracy, prices on the Platform may occasionally be displayed incorrectly due to system errors or typographical mistakes. Fitsa Foods Pvt. Ltd. is not bound by any such inaccurate prices and reserves the right to correct them at any time without prior notice.
If an order is placed at an incorrect lower price, we reserve the right to cancel the order and either request the correct amount from you or ask you to reorder the product at the accurate price.
All prices listed are final and non-negotiable.
4. Intellectual Property Rights
Platform Content
All content available on the Platform—including but not limited to product designs, logos, text, graphics, images, audio, video, software, and all forms of media (“Platform Content”)—is the intellectual property of Fitsa Foods Pvt. Ltd. or its licensors and is protected by applicable Indian and international laws.
By using our Platform, you acknowledge that:
You do not acquire any ownership or license rights to any part of the Platform Content.
You are granted a limited, non-exclusive, non-transferable, personal license to access and use the Platform solely for personal, non-commercial purposes.
You may not copy, reproduce, modify, distribute, publicly display, perform, republish, transmit, or otherwise exploit any part of the Platform or its content without prior written consent from Fitsa Foods Pvt. Ltd.
User Content Rights
By submitting any information, feedback, or content through the Platform, you grant Fitsa Foods Pvt. Ltd. a non-exclusive, worldwide, irrevocable, perpetual, royalty-free, sub-licensable right to use, reproduce, modify, adapt, and publish such content, in accordance with our Privacy Policy.
5. Third-Party Services & Content
The Platform may integrate or interact with third-party applications, services, or websites (“Third-Party Services”) to enhance user experience. Please note:
Fitsa Foods Pvt. Ltd. does not endorse or control such third-party platforms.
We are not responsible for the content, functionality, or accuracy of any external websites or services.
Use of third-party services is at your own risk and subject to their respective terms of use and privacy policies.
Hyperlinks to external websites should not be seen as endorsements, and we do not assume any liability arising from your interaction with such websites.
6. Privacy Policy
We are committed to safeguarding your privacy. By using the Platform, you agree to the collection and use of your data in accordance with our Privacy Policy, which forms an integral part of these Terms and Conditions.
General Terms & Conditions of Sale
Subscription
To access Fitsa’s meal delivery services, users are required to subscribe to one of our available meal plans or subscription packages. Upon successful subscription, an account will be created for the user based on the registered mobile number provided during sign-up.
Users can then manage their subscription, view upcoming deliveries, modify preferences, or contact support using the details linked to their registered mobile number.
Please ensure the mobile number shared is accurate and accessible, as it will be used for all communications, delivery coordination, and service-related updates.
Would you like to add sub-sections for:
Billing & Renewals
Pause or Cancel Subscription
Delivery Terms
Order
Please note that completing the online checkout process on the Fitsa Platform does not constitute a confirmed acceptance of your order. All product and service orders are subject to:
Successful receipt of full payment from your end
Availability of the requested product(s) at the time of order processing
Fitsa Foods Pvt. Ltd. reserves the right to decline or cancel any order before dispatch, for reasons including but not limited to:
Legal or regulatory restrictions
Inventory limitations or stock unavailability
Unexpected operational or supply chain constraints
Once your order is placed, we will send you an email or SMS confirmation acknowledging receipt and confirming that your order is being processed.
If we are unable to fulfill your order for any reason, you will be notified at the earliest. If payment has already been made, a full refund will be initiated as soon as reasonably possible.
Payment
Payments for products and services on the Fitsa Platform are facilitated through secure third-party payment gateways. By proceeding with a transaction, you confirm that all debit/credit card, net banking, or UPI details provided are accurate, valid, and legally yours.
For more information on how your payment information is collected, processed, and stored, please refer to our Privacy Policy.
All prices displayed on the Platform are inclusive of applicable taxes, standard delivery charges, and any transaction fees levied by the payment gateway service provider.
Important Payment Terms:
All transactions are subject to authorization by your card issuer or payment provider.
Full payment is collected at the time of placing the order.
Ownership of products remains with Fitsa Foods Pvt. Ltd. until full payment has been successfully received.
If full payment is not received but the product has been delivered, the User agrees to either:
Complete the pending payment immediately, or
Return the product(s) at their own cost, in unused and original condition, as per our return instructions.
Disclaimer & Liability
Fitsa Foods Pvt. Ltd. does not guarantee the absolute security of your payment details, as payments are processed by a third-party gateway beyond our control.
We shall not be liable for any direct, indirect, or consequential loss or damage incurred by the User due to use of the third-party payment service.
Any fraudulent or unauthorized transaction initiated by the User that results in damage, loss, or liability to Fitsa Foods Pvt. Ltd. will be pursued legally, and the User shall be responsible for compensating such damages.
7. Delivery
At present, Fitsa’s services are available exclusively within Delhi NCR.
We serve Lunch, Snacks, and Dinner across six (6) days a week. All meals are generally delivered between 12:00 PM and 2:30 PM. While our delivery partners make every effort to deliver on time, delays may occasionally occur due to external factors beyond our control (e.g., traffic, weather, or logistical challenges).
In the event your meal is not delivered within the indicated timeframe, and no Force Majeure event has been communicated, please contact us promptly at:
support@fitsa.in
9773949757
We will either:
Expedite the delivery, or
Cancel the undelivered meal for that day and extend your subscription by one meal/day, as applicable.
Note:
Deliveries may not take place on certain public holidays or unforeseen off days due to unavailability of our logistics team. Users will be notified in advance through SMS, phone call, WhatsApp, email, or in-app notifications.
If you instruct our delivery partner to leave your meal at the reception, security gate, or elsewhere unattended, Fitsa Foods Pvt. Ltd. shall not be held liable for loss, theft, or misplacement of the delivered product.
Returns, Refunds & Cancellations – Fitsa
At Fitsa Foods Pvt. Ltd., we offer freshly prepared, perishable meals. Hence, orders once placed are final and non-refundable. However, in certain situations, the following exceptions apply:
Delayed Deliveries
If your order is delayed by more than 8 hours beyond the scheduled delivery time (without prior notice), you may request a cancellation by contacting us at: support@fitsa.in | 9773949757
In such cases, a full refund will be issued to your original payment method.
Wrong or Damaged Orders
If you receive a wrong item, or a meal that is materially defective or damaged, please contact us within 4 hours of delivery, along with clear images of the issue. If your claim is validated, we will:
Attempt a same-day replacement, or
Extend your subscription accordingly
Note:
Taste preferences, minor differences in appearance, or natural variation in ingredients do not qualify as defects.
Final discretion lies with Fitsa Foods Pvt. Ltd.
Grievance Redressal
For any concerns or service-related issues, please contact at: support@fitsa.in 9773949757
We aim to resolve all genuine complaints promptly and professionally.
11. Legal Terms & Conditions
Disclaimer
Fitsa Foods Pvt. Ltd. provides nutritional meals and related services via its Platform. However, we do not guarantee or take responsibility for any adverse health effects resulting from consumption of our meals/products or use of our services.
We make no warranties regarding the accuracy, security, reliability, effectiveness, or uninterrupted availability of the Platform or Services. No information on the Platform constitutes medical advice or professional recommendations. All use is at the User’s discretion and risk.
Wallet Usage
We reserve the right to update or modify wallet usage policies at any time without prior notice. By subscribing, you agree to this condition.
Health Advisory
We do not diagnose, treat, or cure any medical conditions. Individual results may vary based on lifestyle, genetics, and activity levels. You acknowledge and assume the risks involved in using our products and services.
Platform Access
We are not liable for service interruptions due to maintenance, upgrades, or technical failures. Users are responsible for ensuring compatible devices and internet access for using the Platform. We are not liable for any damage to your equipment arising from its use.
Third-Party Delivery
Deliveries are fulfilled via third-party logistics providers. Fitsa disclaims liability for delays, mishandling, or damages caused during transit.
Force Majeure
We are not responsible for non-performance due to events beyond our control, such as natural disasters, pandemics, strikes, legal restrictions, or service disruptions from suppliers.
Indemnity
You agree to indemnify and hold Fitsa Foods Pvt. Ltd., its affiliates, and partners harmless against any claims, damages, or losses resulting from your breach of these Terms or misuse of the Services.
Limitation of Liability
To the extent permitted by law, Fitsa Foods Pvt. Ltd. shall not be liable for any indirect, incidental, or consequential damages. Our total liability, if any, shall not exceed the purchase value of the affected product or service.
Any claim must be raised within 30 days of the incident, or it will be considered waived.
Governing Law & Jurisdiction
These Terms are governed by the laws of India. Any disputes will be subject to the exclusive jurisdiction of the courts of New Delhi, India.
12. Miscellaneous
No Injunctive Relief: To the fullest extent permitted by law, you waive the right to seek injunctive relief against Fitsa Foods Pvt. Ltd. under any circumstance. This clause shall survive termination of this Agreement.
Severability: If any provision of this Agreement is found to be invalid or unenforceable under applicable law, that provision shall be deemed severed without affecting the validity of the rest of the Agreement.
Notices: Any notice you wish to send must be in writing, signed, and delivered via email to the address provided below. Notices sent by other means will not be considered valid.
Assignment: You may not assign your rights or obligations under this Agreement. However, Fitsa Foods Pvt. Ltd. reserves the right to freely assign or delegate its rights and responsibilities without restriction.
No Waiver: Any failure or delay by us in exercising a right does not constitute a waiver of that right and does not affect our ability to enforce it later.
Headings: Section titles are provided for convenience only and do not affect the interpretation of any provision in this Agreement.
Entire Agreement: These Terms represent the full agreement between you and Fitsa Foods Pvt. Ltd. and supersede all prior communications or understandings, whether written or oral. Any changes must be in writing and signed by both parties.
Governing Language: These Terms are written in English and shall prevail in the event of any discrepancies between translated versions.
Entity Name: Fitsa Foods Pvt. Ltd.
Registered Address: Malviya nagar New Delhi – 110019
Email: support@fitsa.in