Terms & Conditions


Terms &Conditions,Privacy and Disclaimer

Introduction:

Magic Home Gym("Website" or "magichomegym.com") is an online service owned and provided by Bluemon IP Ventures. (MHG' or 'we' or 'us'). In using the magichomegym.com service, you are deemed to have accepted the Terms and Conditions of the agreement listed below or as may be revised from time to time, which is, for an indefinite period and you understand and agree that you are bound by such terms till the time you access this website. If you have any queries about these terms & conditions or have any comments or complaints on or about the website, please email us at support@magichomegym.com . We reserve the right to change these terms & conditions from time to time without any obligation to inform you and it is your responsibility to look through them as often as possible.

Ownership of rights:

Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the explicit permission of Bluemon IP Ventures. All information displayed, transmitted or carried on magichomegym.com is protected by copyright and other intellectual property laws. All rights, including copyright, in this website are owned by or licensed to Bluemon IP Ventures. This site is designed, updated and maintained independently by Bluemon IP Ventures. The content is owned by Bluemon IP Ventures. You may not modify, publish, transmit, transfer, sell, reproduce, create derivative work from, distribute, repost, perform, display or in any way commercially exploit any of the content available in the website.

Accuracy of content and invitation to offer:

We have taken all care and precaution to try and provide accurate data and information. In the preparation of the content of this website, in particular to ensure that prices quoted are correct at time of publishing and all products have been fairly described. All prices are displayed inclusive of VAT. Services however are listed exclusively of service tax as rules for service tax vary with different services. Packaging may vary from that shown. The weights, dimensions and capacities given are approximate only. We have made every effort to display as accurately as possible the colours of our products that appear on the website. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will accurately reflect the color of the product on delivery. All products/services and information displayed on magichomegym.com constitute an invitation to offer. Your order for purchase constitutes your offer which shall be subject to the terms and conditions as listed herein. We reserve the right to accept or reject your offer in part or in full. Our acceptance of your order will take place upon dispatch of the product(s) ordered.

Dispatch of all the product(s) ordered, may or may not happen at the same time, in such a scenario that portion of the order which has been dispatched will be deemed to have been accepted by magichomegym.com and the balance would continue to be on offer to magichomegym.com and we reserve the right to accept or reject such balance order. No act or omission of magichomegym.com prior to the actual dispatch of the product (s) ordered will constitute acceptance of your offer. If you have supplied us with your email address, we will notify you by email as soon as possible to confirm receipt of your order and email you again to confirm dispatch and therefore acceptance of the order.

Usage Restrictions:

You shall not use the Website for any of the following purposes:
* Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
* Transmitting material that encourages conduct that constitutes a criminal offence results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
* Gaining unauthorized access to other computer / network systems.
* Interfering with any other person's use or enjoyment of the Website.
* Breaching any applicable laws;
* Interfering or disrupting networks or websites connected to the Website.
* Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.

Quantity Restrictions:

magichomegym.com reserves the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit / debit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. magichomegym.com also reserves the right, at our sole discretion, to prohibit sales to any one as it may deem fit.

Pricing Information:

While magichomegym.com strives to provide accurate product and pricing information, pricing or typographical errors may occur. magichomegym.com cannot confirm the price of a product until after you order. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, magichomegym.com shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched. In the event that an item is mis-priced, magichomegym.com may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been dispatched, your offer will not be deemed accepted and magichomegym.com will have the right to modify the price of the product and contact you for further instructions using the e-mail address provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event that magichomegym.com accepts your order the same shall be debited to your credit / debit card account and duly notified to you by email that the payment has been processed.

The payment may be processed prior to magichomegym.com dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your credit / debit card account. We strive to provide you with best value; however prices and availability are subject to change without notice.

magichomegym promotional offers/discounts are not site wide and are limited to selected categories. Coupon codes may not be applicable on categories like diapers, baby food etc.

Indemnity:

magichomegym disclaims all warranties or conditions, whether expressed or implied, (including without limitation implied, warranties or conditions of information and context). We shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this website. We consider ourselves and intend to be subject to the jurisdiction only of the courts of Bangalore, India.

You agree to defend, indemnify and hold harmless magichomegym.com, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to magichomegym.com or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.

Eligibility to use:

Use of the Website is available only to persons who can form legally binding contracts under applicable law. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Website. We reserve the right to terminate your membership and refuse to provide you with access to the website if we discover any breach of contract. The website is not available to persons whose membership has been suspended or terminated by magichomegym for any reason whatsoever. If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement. We make no representation that any products or services referred to in the materials on this web are appropriate for use, or available outside India. Those who choose to access this website from outside India are responsible for compliance with local laws if and to the extent local laws are applicable. We will deliver the products only within India and will not be liable for any claims relating to any products ordered from outside India. Some Indian states prohibit direct sale of merchandise from other states and require special documentation to effect such a sale without dual taxation, if we receives a order from such states or to be delivered to such states (to see a list please refer our shipping policy) under such circumstances we retain the right to accept or reject the order.

Those who choose to access this website from Indian states which restrict such use are responsible for compliance with local laws if and to the extent local state laws are applicable. Magichomegym.com will deliver the products only within states having open import policy and will not be liable for any claims relating to any products ordered from restricted states. Except where additional terms and conditions are provided which are product specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using the services of magichomegym.com you agree to be bound by the Terms and Conditions.

Privacy:

Magichomegym.com values the privacy of information pertaining to its associates. We do not use or disclose information about your individual visits to our website or any information that you may give us, such as your name, address, email address or telephone number, to any outside sources. Bluemon IP Ventures will not use information about you without your permission and will provide the means for you to manage and control the information that you have provided. We will enable you to communicate your privacy concerns to us and that we will respond to them appropriately. Bluemon IP Ventures does not disclose any personal information to advertisers and for other marketing and promotional purposes that could be used to personally identify you, such as your password, credit card number and bank account number. Users who choose to register and login by Facebook should associate themselves with the terms of use and risks associated by using this feature. magichomegym.com will use the information made available to us by Facebook as per our Privacy Policy that is outlined within this document.

Disclaimer   

The information contained in this website is for general information purposes only. The information is provided by Bluemon IP Ventures and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arise out of, or in connection with, the use of this website.

Through this website you are able to link to other websites which are not under the control of Bluemon IP Ventures. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly. However, Bluemon IP Ventures takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

Refusal of service:

Bluemon IP Ventures reserves the right to refuse service to anyone at any time. Bluemon IP Ventures reserves the right, in its sole discretion, to suspend or cancel the service at any time if a computer virus, bug, or other technical problem corrupts the security, or proper administration of the service.

Financial Details:

You agree, understand and confirm that the credit / debit card details or other financial details provided by you for availing of services on magichomegym.com will be correct and accurate and you shall not use the credit /debit card or financial facility which is not lawfully owned / obtained by you. You also understand that any financial information submitted by you is directly received by our acquiring bank and not taken by magichomegym.com. magichomegym.com will not be liable for any credit / debit card fraud. The liability for use of a card fraudulently will be on you and the onus to 'prove otherwise' shall be exclusively on you. All information collected by us shall be governed as per our Privacy Policy. magichomegym.com and its associated acquiring bank or financial institutions reserve the right to recover the cost of goods, collection charges and lawyers fees from persons using the Website fraudulently. Bluemon IP Ventures.com and its associated acquiring banks or financial institutions reserve the right to initiate legal proceedings against such persons for fraudulent use of the Website and any other unlawful acts or acts or omissions in breach of these terms and conditions.

Communication:

When you visit the Website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. When you submit your phone number along with your shipping address or to request our call back, you consent to receive calls on that number for communication related to your order/request and other site related communication.

Website feedback, user comments and user generated content:

All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to magichomegym.com on or by this Website or otherwise disclosed, submitted or offered in connection with your use of this Website (collectively, the "Comments") shall be and remain magichomegym.com property. Such disclosure, submission or offer of any Comments shall constitute an assignment to magichomegym.com of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, we own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. magichomegym.com is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Website will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Website will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of 'spam'. magichomegym.com does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Website. You grant magichomegym.com the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify magichomegym.com and its affiliates for all claims resulting from any Comments you submit. magichomegym.com and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

Copyright & Trademark:

magichomegym.com and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Website. Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of magichomegym.com or any third party's intellectual property rights. All rights, including copyright, in this website are owned by or licensed to Bluemon IP Ventures. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of Bluemon IP Ventures. You may not modify, distribute or re-post anything on this website for any purpose. The magichomegym.com  names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Bluemon IP Ventures. All other marks are the property of their respective companies.

No trademark or service mark license is granted in connection with the materials contained on this Website. Access to this Website does not authorize anyone to use any name, logo or mark in any manner. References on this Website to any names, marks, products or services of third parties or hypertext links to third party websites or information are provided solely as a convenience to you and do not in any way constitute or imply magichomegym.com endorsement, sponsorship or recommendation of the third party, information, product or service. Bluemon IP Ventures is not responsible for the content of any third party websites and does not make any representations regarding the content or accuracy of material on such websites. If you decide to link to any such third party websites, you do so entirely at your own risk. All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Website (collectively, the 'Contents') are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Website for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Content, the Website or any related software. All software used on this Website is the property of Bluemon IP Ventures or its suppliers and protected by Indian and international copyright laws.

The Content and software on this Website may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Content on this Website is strictly prohibited. Unless otherwise noted, all Content are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Bluemon IP Ventures, one of its affiliates or by third parties who have licensed their materials to Bluemon IP Ventures and are protected by Indian and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Content on this Website is the exclusive property of Bluemon IP Ventures and is also protected by Indian and international copyright laws.

Objectionable Material:

You understand that by using this Website or any services provided on the Website, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Website and any service at your sole risk and that to the fullest extent permitted under applicable law, we and our affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.

Termination:

This User Agreement is effective unless and until terminated by either you or magichomegym.com. You may terminate this User Agreement at any time by informing us in writing through Indian postal system by registered post that you no longer wish to be associated with this website, provided that you discontinue any further use of this Website. magichomegym.com may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Website. Such termination will be without any liability to Bluemon IP Ventures. Upon any termination of the User Agreement by either you or Bluemon IP Ventures, you must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under the User Agreement or otherwise. Bluemon IP Ventures right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Website or affect any liability that may have arisen under the User Agreement.

Limitation of Liability and Disclaimers the Website is provided without any warranties or guarantees and in an "As Is" condition. You must bear the risks associated with the use of the Website. The Website provides content from other Internet websites or resources and while Bluemon IP Ventures tries to ensure that material included on the Website is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. magichomegym.com will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website. This disclaimer does not apply to any product warranty offered by the manufacturer of the product as specified in the product specifications. This disclaimer constitutes an essential part of this User Agreement. To the fullest extent permitted under applicable law, Bluemon IP Ventures or its suppliers shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website, its services or this User Agreement.

Without prejudice to the generality of the section above, the total liability of magichomegym.com to you for all liabilities arising out of this User Agreement is it in tort or contract is limited to the amount charged to you, against the value of the products ordered by you. Bluemon IP Ventures its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. Consequently, Bluemon IP Ventures assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website; and/or any interruption or errors in the operation of the Website.

Website Security:

You are prohibited from violating or attempting to violate the security of the Website, including, without limitation,

* Accessing data not intended for you or logging onto a server or an account which you are not authorized to access;
* Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
* Attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, 'flooding,' 'spamming', 'mail bombing' or 'crashing;'
* Sending unsolicited email, including promotions and/or advertising of products or services; or
* Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Website other than the search engine and search agents available from magichomegym.com on this Website and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Internet Explorer).

Entire Agreement:

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Bluemon IP Ventures with respect to the our websites/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the our websites/services. Our failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.

Returns- Damage in Transit and Under Warranty

 

Defective Items:

If an item is found damaged in transit, please get in touch with our customer care on support@magichomegym.com or call us on 9880464602 within 2 days of receipt of the product.

Please ensure however that the product is unused and the tags, boxes and other packaging remain intact.

To coordinate a return

o    Send a picture of the item to support@magichomegym.com with the subject line “RETURN” or call us at 9880464602.

o    We will arrange for a courier pickup from your address of delivery.

o    Once we receive the package, we will issue you an identical product.

o    We will strive to close the issue within 7 days of receiving the product.

Following shall NOT be eligible for return or replacement:

o    Damages due to misuse of product

o    Any consumable item which has been used or installed

o    Products with tampered or missing serial / UPC numbers

o    Any damage / defect which are not covered under the manufacturer's warranty

o    Any product that is returned without all original packaging and accessories, including the box, manufacturer's packaging if any, and all other items originally included with the product(s) delivered.

In case of any queries, please write to our customer care on support@magichomegym.com or call us on 9880464602.

Free Replacement Under Warranty:

If a product/part qualifies for free replacement under warranty, please get in touch with our customer care on support@magichomegym.com or call us on 9880464602.

Product Warranty: Replacement of metal parts against joint failure – lifetime.

                             Replacement of non metal parts against failure – one year.

To coordinate a return

o    Send a picture of the item to support@magichomegym.com with the subject line “RETURN UNDER WARRANTY” or call us at 9880464602.

o    On confirming the validity of the claim, we will issue you an identical product/part. You will be guided in totality for the installation of the said product/part.

o    We will strive to close the issue within 7 days of receiving the claim

Following shall NOT be eligible for return or replacement:

o    Damages due to misuse of product

o    Any damage / defect which are not covered under the manufacturer's warranty such as wearing off surface coating etc.

In case of any queries, please write to our customer care on support@magichomegym.com or call us on 9880464602.

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