These Terms and Conditions (“Terms”) govern your access to and use of www.wtfevryday.com, our mobile application and our points of sale (together, the “Platform”), and your purchase of products offered on or through the Platform (collectively, the “Products”). The Platform is owned and operated by Witness The Fitness Private Limited (CIN: U74999UP2021PTC150280), registered office Flat No. S-1502, Amrapali Silicon City, Sector 76, Noida West, Gautam Buddha Nagar, Uttar Pradesh – 201306, India (the “Company”, “we”, “us”, “our”). By accessing, browsing or using the Platform, registering an account, or placing an order, you acknowledge that you have read, understood and agree to be bound by these Terms, together with our Privacy Policy and all other policies referenced herein. If you do not agree, you must not use the Platform. The Company may amend these Terms at any time by posting a revised version on the Platform; the version in force when you place an order will govern that order.

1Eligibility

Only persons competent to contract under the Indian Contract Act, 1872 may transact on the Platform. If you are under 18, you may use the Platform only under the supervision of, and with the consent of, a parent or legal guardian, who shall be responsible for your use and bound by these Terms. By transacting, you represent and warrant that the information you provide is true, accurate, current and complete; that you are purchasing for personal consumption and not for resale or any commercial purpose unless separately authorised by us in writing; and that your use does not violate any applicable law. We reserve the right to refuse service, terminate accounts or cancel orders where these conditions are not met.

2Account & Security

You are solely responsible for maintaining the confidentiality of your account credentials and for all activity under your account, whether or not authorised by you. You agree to notify us immediately of any unauthorised use or breach of security. The Company shall not be liable for any loss arising from your failure to safeguard your credentials. We may, at our sole discretion and without liability, suspend, restrict or terminate your account or access to the Platform where we reasonably believe these Terms or applicable law have been violated, or where we suspect fraud, misuse or any activity that may harm the Company, other users or third parties.

3Products, Labelling & Information

The Platform offers (a) EVRYDAY-branded food products and health supplements, and (b) non-consumable goods such as fitness gear, apparel, equipment, accessories, wearables, watches, electronics and gadgets. We take reasonable care to describe Products accurately; however packaging, ingredients, formulations, specifications and designs may change without prior notice, and the Product you receive may vary from the images or descriptions shown, which are indicative only.

Food products and supplements are manufactured at FSSAI-licensed facilities, including Bioxent Health and Nutrition Private Limited. You must always read the label, ingredients, allergen information and disclaimer on the actual pack before use, and consult a qualified medical practitioner before consuming any supplement if you are pregnant, nursing, taking medication, have a known medical condition or allergy, or are otherwise in doubt. Non-consumable goods must be used strictly per the manufacturer's instructions and safety guidelines; any manufacturer's warranty is the responsibility of that manufacturer or brand, not the Company. Any fitness or biometric data displayed by wearables is indicative only and not for medical use. To the maximum extent permitted by law, you select, purchase, use and consume Products at your own discretion and risk.

4Pricing, MRP & Taxes

All prices are in Indian Rupees and inclusive of GST unless stated otherwise. Products are sold at or below the printed Maximum Retail Price (MRP) in accordance with the Legal Metrology Act, 2009 and rules thereunder. Prices, offers, discounts and availability are subject to change at any time without prior notice, and such change shall not affect orders already dispatched. Where a product's correct price is higher than the price stated due to a technical or typographical error, we may, before dispatch, contact you for instructions, decline or cancel the affected order, or correct the error, and we shall refund any amount already paid for a cancelled order. Placing an order does not oblige us to supply at an erroneous price.

5Orders & Acceptance

Your order constitutes an offer to buy and does not bind the Company until accepted. We will confirm receipt by email, SMS or WhatsApp, but such acknowledgement does not amount to acceptance; a binding contract is formed only when we dispatch the product (or, for Cash on Delivery, when the order is confirmed by you and accepted by us). We reserve the right, at our sole discretion and without liability, to decline, limit, cancel or refuse any order before dispatch, including for: stock unavailability; suspected fraudulent or unauthorised activity; errors in pricing, product or order information; excessive quantities or quantity restrictions; or delivery/serviceability limitations. Where we cancel a prepaid order, we will refund the amount paid as your sole and exclusive remedy.

6Subscriptions & Auto-Renewal

Subscription plans renew automatically at the interval you select until cancelled by you, and you authorise us and our payment partners to charge your saved payment method at the start of each billing cycle. Prices for future cycles may change with prior notice. You may skip, pause, modify or cancel your subscription from your account or by contacting support@wtfevryday.com, up to the cut-off shown in your account (or at least 24 hours) before the next renewal. Cancellation stops future renewals only; it does not cancel, refund or affect an order already processed, charged or dispatched for the current cycle. We are not liable for any failed renewal charge arising from an expired, invalid or insufficiently funded payment method.

7Promotions, Coupons, Referrals & Gift Cards

Offers, coupon codes, referral rewards and gift cards are subject to their own specific terms, are non-transferable unless stated, cannot be exchanged for cash, and may be modified or withdrawn at any time. We may void any benefit obtained through misuse, abuse or fraud. Referral rewards and gift cards are governed by the separate Referral Program and Gift Card policies published on the Platform.

8Payments

We accept payments through our checkout and payment partners (including GoKwik and the payment gateways they support) and, where offered, Cash on Delivery. By submitting payment details, you represent that you are authorised to use the chosen instrument and that the details are true and complete. All payments are processed by third-party providers subject to their terms; we do not store your full payment-instrument details. The Company shall not be responsible for any loss, failure, decline, delay or error attributable to banks, payment gateways or other providers, or for any unauthorised use of your instrument. We reserve the right to withhold dispatch or cancel an order pending verification of payment or where we suspect fraud.

9Shipping, Returns & Refunds

Delivery is governed by our Orders & Shipping Policy, and returns, refunds and cancellations by our Refunds & Cancellation Policy, both incorporated by reference into these Terms. Delivery timelines are estimates only and not guaranteed; risk in and responsibility for the products pass to you upon delivery to the address or person you nominate. We shall not be liable for delays, non-delivery or damage caused by incorrect delivery information provided by you, your unavailability to accept delivery, or acts of third-party logistics partners. In any conflict between these Terms and the said policies, these Terms prevail to the extent of the inconsistency.

10Intellectual Property

All content on the Platform — including the EVRYDAY name and logo, the tagline “FITNESS. EVRYDAY.”, the Witness The Fitness / WTF marks, and all other trademarks, trade dress, designs, text, graphics, images, audio, video and software — is owned by or licensed to the Company and protected by applicable laws. Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-transferable, revocable licence to use the Platform for personal, non-commercial use only. You may not copy, reproduce, republish, modify, distribute, sell, licence, frame, deep-link, data-mine or otherwise exploit any part of the Platform without our prior written permission. Any unauthorised use immediately terminates the licence and may result in legal action.

11Acceptable Use

You agree to use the Platform only for lawful purposes. You agree not to: violate any law or these Terms; infringe the intellectual property, privacy or other rights of any party; upload unlawful, defamatory, obscene, misleading or harmful content; impersonate any person or misrepresent your affiliation; attempt unauthorised access to the Platform or connected systems; introduce viruses or malware; use robots, spiders or scrapers to harvest data; circumvent any security measure; or otherwise interfere with the Platform's operation, integrity or security. We reserve the right to investigate any suspected breach, take appropriate action (including suspension or termination and reporting to authorities), and recover any resulting loss from you.

12Reviews & User Content

Reviews and other content you submit (for example via our reviews provider, Judge.me) must be genuine, lawful, accurate and your own, and must not be defamatory, misleading, obscene or infringing. You are solely responsible for content you submit and warrant that you have all necessary rights to it. By submitting content, you grant us a perpetual, irrevocable, non-exclusive, royalty-free, worldwide, sub-licensable and transferable licence to use, host, store, display, reproduce, publish, adapt, distribute and otherwise exploit such content in any media in connection with our business, without compensation, and you waive any moral rights to the extent permitted by law. We may, but are not obliged to, moderate, edit or remove any content at our sole discretion without notice or liability.

13Marketplace, Sourcing & External Channels

Curated marketplace; Company is the seller. The Platform operates as a curated marketplace. The Company offers (a) Products under its own EVRYDAY brand and (b) Products of other brands that it sources from brand owners or authorised distributors, holds in inventory and sells to you. The Company is the seller of record for all Products; the Platform does not host independent third-party sellers, and you purchase all Products directly from the Company.

Sourcing & authenticity. Third-party-branded Products are manufactured by their respective brand owners, not the Company, and any manufacturer's warranty is that brand owner's responsibility. All third-party names, trademarks and logos are the property of their respective owners and used solely to identify and offer their Products; their appearance does not imply partnership or endorsement beyond the Company's role as an authorised reseller. Nothing in this clause limits your statutory rights against the Company as seller.

Other sales channels & external links. EVRYDAY-branded Products sold through external channels (such as Blinkit, Amazon and Flipkart) are governed by that channel's terms and policies, not these Terms. The Platform may link to third-party sites and services we do not control; your use of them is governed solely by their own terms and privacy policies, and we are not responsible for their availability, content or practices.

14Disclaimers

EVRYDAY food products and supplements are supplied for general nutrition and wellness and are not intended to diagnose, treat, cure or prevent any disease, and are not a substitute for a balanced diet or professional medical advice. Results may vary and are not guaranteed. Fitness gear, wearables and other non-consumable Products are for general fitness and personal use only; they are not medical devices and their readings are indicative, not diagnostic. Seek medical advice before beginning any exercise programme. To the maximum extent permitted by law, the Platform, its content and the products are provided on an “as is” and “as available” basis, and the Company disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, accuracy, title and non-infringement. These exclusions do not limit any rights that cannot be excluded under the Consumer Protection Act, 2019 or other applicable law.

15Limitation of Liability

To the maximum extent permitted by law, the Company, its affiliates and their directors, officers, employees, agents, licensors and partners shall not be liable for any indirect, incidental, special, punitive, exemplary or consequential loss, or for any loss of profits, revenue, goodwill, data, business or opportunity, howsoever arising and whether in contract, tort (including negligence), statute or otherwise, even if advised of the possibility. The Company's total aggregate liability arising out of or in connection with any order, product or your use of the Platform shall not exceed the amount actually paid by you for the specific order or product giving rise to the claim. Nothing in these Terms excludes any liability that cannot be excluded under applicable law, including the Consumer Protection Act, 2019.

16Indemnity

You agree to indemnify, defend and hold harmless the Company, its affiliates and their respective directors, officers, employees, agents, licensors and partners from and against any and all claims, demands, actions, losses, damages, liabilities, costs and expenses (including reasonable legal fees) arising out of or in connection with your breach of these Terms or any policy incorporated herein, your misuse of the Platform or the products, any content you submit, your violation of any applicable law, or your infringement of any third-party right. This indemnity is in addition to any other remedies available to the Company and shall survive termination of these Terms.

17Force Majeure

We shall not be liable for any delay or failure to perform any obligation caused by events beyond our reasonable control, including acts of God, natural disasters, fire, flood, earthquake, epidemics, pandemics, war, terrorism, riots, strikes, supply-chain or raw-material disruption, power, network, internet, hosting, telecommunications or courier failures, cyber-attacks, or any governmental or regulatory action. During any such event our obligations shall be suspended, and if it continues for a prolonged period we may cancel affected orders and refund amounts paid for undelivered products as your sole remedy.

18Governing Law & Jurisdiction

These Terms, and any dispute or claim (including non-contractual disputes) arising out of or in connection with them, are governed by and construed in accordance with the laws of India, without regard to its conflict-of-laws principles. Subject to the dispute-resolution process below, the courts at Gautam Buddha Nagar (Noida), Uttar Pradesh shall have exclusive jurisdiction, and you irrevocably submit to that jurisdiction.

19Dispute Resolution

The parties shall first attempt in good faith to resolve any dispute amicably through discussion within thirty (30) days of written notice. Failing amicable resolution, the dispute shall be referred to and finally resolved by arbitration by a sole arbitrator appointed by the Company, conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be Gautam Buddha Nagar (Noida), Uttar Pradesh, the proceedings shall be conducted in English, and the award shall be final and binding. Each party bears its own costs unless the arbitrator directs otherwise. Nothing in this clause prevents the Company from seeking urgent interim relief. Any dispute shall be resolved on an individual basis and not as part of any class or representative proceeding.

20Grievance Redressal

In accordance with the Consumer Protection (E-Commerce) Rules, 2020 and the Information Technology Act, 2000, consumer grievances may be addressed to our Grievance Officer. We will acknowledge each grievance within forty-eight (48) hours and endeavour to redress it within the timelines prescribed under applicable law. Please include your order number, registered contact details and a description of the grievance.

• Grievance Officer: Amit Singh
• Email: grievance@wtfevryday.com
• Address: Witness The Fitness Private Limited, AMCO Tower, 3rd Floor, Sector 9, Noida, Uttar Pradesh – 201301, India

21Amendments & General

We may amend these Terms at any time by posting the revised version on the Platform. The version in force when you place an order governs that order. Your continued use after changes constitutes acceptance. The following also apply:

• Severability: if any provision is held invalid or unenforceable, it shall be severed and the remaining provisions continue in full force.
• No waiver: no failure or delay in exercising any right operates as a waiver of it.
• Assignment: you may not assign your rights without our prior written consent; the Company may freely assign to any affiliate or successor.
• Suspension: the Company may suspend, withdraw or restrict the Platform at any time without notice or liability.
• No partnership / third-party rights: nothing creates any partnership or confers rights on any third party. Headings are for convenience only.