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Terms Of Service

These Terms of Service (“Terms”) govern access to and use of the website https://www.fitterfly.com/ (“Website”) operated by Fitterfly (by PB Health) (referred to as “we”, “us”, “our”, “Fitterfly”, PB Healthcare Services Pvt. Ltd. and its affiliates).

  1. Description of Services

    You/All users (“Users”) accessing the Website are required to comply with these Terms. By accessing or using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms, as may be amended by Fitterfly from time to time and published on the Website.

  2. Applicability

    These Terms apply to all transactions conducted through the Website, including but not limited online appointment bookings, bill payments, advance payments for services, and any other transactions facilitated directly or via authorized third-party platforms or hyperlinks.

  3. Information provided by Users
    • To access certain services, you may be required to provide personal and transactional information, including patient details and payment information.

    • You represent and warrant that all information provided by you is true, complete, accurate, and up to date.

    • You shall not provide any information that is false, misleading, outdated, or incomplete.

    • Fitterfly reserves the right to cancel any appointment or transaction and/or withhold or reverse payments, where such information is found to be inaccurate or misleading.

    • By providing your contact details, you expressly consent to Fitterfly contacting you via phone calls, SMS, WhatsApp, or email for purposes including appointment confirmations and service-related communication.

    • Appointment timings are indicative and subject to change.

    • Appointment booking is only for consultation and not for follow-up consultation.

    • Fitterfly may use the data provided by you for administrative, analytical, and marketing purposes, subject to applicable laws.

    • Fitterfly also reserves the right to track IP addresses for analytics and fraud detection.

    • You must be 18 years of age or older to register, use the services, or visit or use the Website in any manner. By registering, visiting and using the Website or accepting this Agreement, you represent and warrant to Fitterfly that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and the Services available through the Website, and agree to and abide by this Agreement.

    • You acknowledge that you will be bound by this Agreement for availing any of the services offered by us. If you do not agree with any part of the Agreement, please do not use the Website or avail any services.

  4. Availability

    The Website is controlled and operated from India. Fitterfly makes no representation that the content or services are appropriate or available for use outside India. References to services on the Website do not imply availability in all jurisdictions. Users are advised to directly confirm service availability with Fitterfly.

  5. Limitation of Liability
    • Fitterfly does not warrant that the Website content is complete, updated free of inadvertent errors or inaccuracies, and reserves the right to modify content without prior notice.

    • To the maximum extent permitted by law, Fitterfly shall not be liable for:

      1. any direct, indirect, incidental, consequential, or punitive damages,

      2. loss of profits or business opportunities,

      3. delays, interruptions, or inability to use the Website,

      4. unauthorized access, data breaches, or system failures,

      5. transmission of viruses or malicious code,

      6. failures arising from third-party systems, payment gateways, or communication networks; or

      7. events beyond its reasonable control (force majeure).

    • Use of the internet carries inherent risks, including fraud, hacking, and data breaches. While Fitterfly undertakes reasonable security measures, it does not guarantee absolute protection and shall not be liable for such risks.

    • Fitterfly shall not be responsible for failed transactions where the User’s account is debited but the transaction is not completed or failures arise due to banking or payment gateway issues. Users must resolve such issues directly with their respective banks or payment service providers.

  6. Data Protection and Privacy
    • Fitterfly and its partners may by the Services, collect information relating to the devices through which you access the Website, location from which you access and anonymous data of your usage. The collected information will be used only for improving the quality of the Services and to build new services.

    • Fitterfly may use cookies and similar technologies to enhance Users experience and analyse Website usage. By using the Website, you consent to such use.

    • Fitterfly shall take all reasonable precautions to preserve the confidentiality and prevent any loss, damage or destruction of the data and information provided by the User on the website. However:

      1. medical and personal data may be shared with authorized personnel involved in treatment, billing, or evaluation processes;

      2. anonymized data may be used for statistical analysis; and

      3. information may be disclosed where required by law or upon lawful request by authorities.

    • Users are responsible for maintaining the confidentiality of their login credentials. Fitterfly shall not be liable for unauthorized access resulting from user negligence.

    • Use of public/shared computers for transactions is discouraged due to security risks.

  7. Payment and Gateway Terms
    • Payments made through the Website may be facilitated via independent third-party payment gateways, banking partners, or financial institutions (“Payment Service Providers”). All such transactions shall be subject to the respective terms, conditions, and privacy policies of such Payment Service Providers. Fitterfly shall not be responsible for the acts, omissions, or deficiencies of such third parties.

    • To the fullest extent permitted under applicable law, Fitterfly shall not be liable for:

      1. any incomplete, failed, or unsuccessful transaction;

      2. any delay, refusal, or rejection of payment instructions by banks, card networks, or Payment Service Providers;

      3. any loss, damage, or expense arising out of declined or unauthorized transactions; or

      4. any technical errors, system failures, downtime, or interruptions affecting payment processing.

    • A transaction shall be deemed successfully completed only upon generation of a valid transaction identification number/confirmation by the relevant Payment Service Provider.

    • Users are solely responsible for verifying the status of their transactions in the event of any delay, error, or interruption; ensuring accuracy of payment details submitted; and resolving any disputes or discrepancies directly with their respective bank or Payment Service Provider. Fitterfly shall not be liable for any loss arising from erroneous assumptions regarding payment status.

    • Fitterfly may accept payments through the following modes (subject to change without prior notice):

      1. Credit Cards (including but not limited to Visa, MasterCard, American Express);

      2. Debit Cards;

      3. Net Banking;

      4. UPI, wallets, or any other digital payment modes as may be enabled.

  8. Cancellation, Rescheduling and Refunds
    • Rescheduling of appointments shall be permitted only prior to the generation of the invoice. Once an invoice has been generated, rescheduling shall not be permitted, and the provisions relating to cancellation and refunds shall apply.

    • Cancellation by User

      1. Users may request cancellation of appointments in accordance with the timelines and conditions specified herein.

      2. Where an appointment has not been availed despite invoice generation, refund requests may be considered subject to applicable deductions, including administrative or processing charges, as determined by Fitterfly.

      3. All cancellation requests may be required to be submitted through prescribed channels or designated communication modes.

    • Fitterfly reserves the right to cancel, postpone, or reschedule any appointment due to reasons including but not limited to doctor unavailability, operational exigencies, or unforeseen circumstances. In such cases, Fitterfly shall make reasonable efforts to inform the User or offer rescheduling or refund options, as per applicable policy.

    • Approved refunds shall generally be processed within 15 (fifteen) working days from the date of approval by Fitterfly. Refunds shall be credited to the original mode of payment only.

    • Fitterfly shall not be responsible for delays attributable to banks, payment gateways, or financial institutions.

    • Refund Eligibility in case of cancellation of following Programs:

      # Program Name Refund Policy
      1 Fitterfly Diabetes Prime

      Cancellation within 15 days - 100%.

      Cancellation within 16-30 days – 50%.

      2 Fitterfly Weight Loss

      Cancellation within 15 days - 100%.

      Cancellation within 16-30 days – 50%.

    • Fitterfly reserves the right to revise the above refund structure from time to time.

    • No refunds shall be granted in the following circumstances:

      1. where services have already been availed, in whole or in part;

      2. where payment has been made against finalized bills or completed services; or

      3. where cancellation requests are not made in accordance with the prescribed policy.

    • All refunds shall be processed through electronic modes only. No cash refunds shall be issued under any circumstances.

  9. GENERAL TERMS
    • These Terms and any dispute arising out of or in connection with the use of the Website and/or services provided by Fitterfly (PB Healthcare Services Pvt. Ltd.) shall be governed by and construed in accordance with the laws of India. Subject to applicable law, the courts at Gurugram, Haryana shall have exclusive jurisdiction over all disputes arising hereunder.

    • If any provision of these Terms is held to be invalid, unlawful, or unenforceable by a competent court or authority, such provision shall be deemed severed to the extent of such invalidity or unenforceability, and the remaining provisions shall continue in full force and effect.

    • Nothing contained in these Terms shall be construed to create any partnership, joint venture, agency, employment, fiduciary, or representative relationship between Fitterfly and the user. The relationship between Fitterfly and the user shall strictly remain on a principal-to-principal basis.

    • Users shall not represent themselves as agents, employees, representatives, or authorized personnel of Fitterfly under any circumstances, nor shall they have any authority to bind Fitterfly in any manner whatsoever.

    • Users confirm that you are at least 18 years of age and legally competent to enter into these Terms.

    • Fitterfly reserves the right to amend, modify, or update these Terms at any time without prior notice. Continued use of the Website following such modification shall constitute deemed acceptance of the revised Terms.

    • Failure by Fitterfly to enforce any provision of these Terms at any time shall not be construed as a waiver of its rights or remedies under such provision or under applicable law.

    • These Terms, together with any policies or disclaimers referenced herein, constitute the entire agreement between Fitterfly and the User with respect to use of the Website and supersede all prior communications or understandings relating thereto.