Effective Date: Jan 2021
Description of the Services
Fitely allows its users who ratify the agreement to orders from shops online.
Fitely provides a way for you to communicate your orders to delivery shops displayed on this application.
The purpose of this application is to provide a simple and convenient service to consumers, linking them to shops allowing customers to build and submit orders at the click of a button.
We have created the application to serve as a fresh food online market and a fitness products store. Fitely is a commercial service healthy and fitness online.
Fitely does not sell or interfere in any way in the production of any product produced at the shops. But what this online market offers to the users is only providing the ability to search for and find local shops that deliver or make fresh food and fitness items available to their addresses and enables ordering these items through this application. The shops are obligated to comply with country local laws, rules, regulations, and standards pertaining to fresh food preparation, items quality sale, marketing, and safety.
However, it is important for users to understand that Fitely does not in any way independently verify the credentials, representations or products of shops, the ingredients, or the quality of any products, or that a shop follows applicable laws. Buyers must make themselves comfortable through information provided by shops on the application or as requested by buyers directly from the shops as to the quality and reliability of the shops, as well as to their compliance with applicable laws.
Fitely does not in any way guaranty the quality of any fresh food or that any food complies with applicable laws and does not guarantee matching the menu displayed on the site of what is actually provided to the users.
In addition, a shop may represent that food preparation is in accordance with special standards such as "organic," "macrobiotic" or allergen-specific standards such as "nut-free", "gluten-free", or "lactose-free". However, Fitely does not independently investigate or verify such representations.
Fitely shall not be liable or responsible for any food or services offered by shops that is unhealthy, is the cause of injury, that is otherwise unacceptable to buyers or that does not meet the expectation of buyers in any manner.
Buyers are solely responsible for verifying the accuracy of delivery addresses, and Fitely shall have no liability or responsibility for any such erroneous addresses. All food preparation and deliveries are the sole responsibility of the shop accepting the order. Please be aware that the shop will do everything they can to meet the delivery time specified, however delivery times may be affected by factors beyond their control and therefore cannot be guaranteed. We will inform you if we become aware of an unexpected delay.
How to make an order and how it is processed.
Once you have selected your order from the menu/store items of your chosen Delivery shop/store you will be given the opportunity to submit your order by clicking on “Checkout” button. Please note it is important that you check the information that you enter and correct any errors before clicking on the “Checkout” button since once you click on this input errors cannot be corrected. On receipt of your order, Fitely will begin processing your order and we will send a message on the final page that your order has been received and sent successfully to the shop. Where any payment you make is not authorized you will be returned to the previous page on the application and we shall not be obliged to provide the services.
You have the right to cancel an order up to 5 minutes for the fresh market and 5 hours for the store items from placing the order by contacting us on email@example.com with the order reference and the reason of cancellation or within 5 seconds on the second page after checkout on our application.
While every effort is made to ensure that accurate pricing and descriptions are maintained, we reserve the right to cancel any order that is based on inaccurate information.
An order may be subsequently cancelled by a shop after you have received a confirmation that it has been sent to the shop. Fitely and our partner shops reserve the right to cancel any order, before or after acceptance, and will notify you immediately of any such cancellation.
Membership system for Fitely
Any member of Fitely has a “username” associated with the user phone number which are determined by the member herself/himself. The "phone number" is personal to the member and the same “phone number” is not given to two different members. The “phone number” is only known by the user and get verified by the phone number holder with a verification message. The user can change the phone number at any time. It is solely under the responsibility of the user to select and protect the phone number. Fitely is not liable for any problems, which may arise from the use of phone number. Fitely informs the user about the promotions, which take place in the user’s area and from which the user may benefit, by emails. Fitely does not share the user information with the third-party companies – the phone number may be shared with the shop which deals with take-out foods, to provide a faster and correct delivery. For the user to connect to the services, which require a membership of Fitely, the user must enter the phone number to login or sign up. This process is called “login/sign up” to Fitely.
By using this site/application, you warrant that any personal information provided by you is true, accurate, current and complete in all respects and that you will notify us immediately of any changes to your personal information by updating your member profile on the application or by contacting us on firstname.lastname@example.org , you agree not to impersonate any other person or entity or to use a false name or a name that you are not authorized to use.
You are not allowed to register multiple memberships for use by the same person. Violation of this clause may result in termination of your membership.
Members' phone numbers should be kept confidential at all times, and must not be shared or disclosed to anyone. You are responsible for all activities and orders that occur or are submitted through your membership. If you know or suspect that someone has knowledge of your phone number then you should contact us immediately on email@example.com .
You may not use the site/application for any unlawful or unauthorized purpose, including without limitation to:
Distributing any unlawful, libelous, abusive, threatening, harmful, obscene or otherwise objectionable material
Transmitting material that constitutes a criminal offense, results in civil liability or otherwise breaches any laws, regulations or codes of practice.
Interfering with any other persons use or enjoyment of the site.
Damaging, disabling or impairing the operation of this site or attempting to gain unauthorized access to this site or to networks connected to it, through hacking, spoofing or other such similar means.
Responsibilities of the Member
During the use of the services of Fitely, the member accepts and undertakes:
The information in the registration form is correct; in the conditions that this information is required the member is the only responsible for any losses which may arise from any misinformation or inadequate information (ex. forgetting the password); and in these cases his/her membership may be terminated.
The member is the sole responsible for all personal ideas, opinions, statements set forth by the member while using the services of Fitely, all the files uploaded to Fitely and the personal information sent, and that in no way Fitely shall be held liable for these files, not to access any services provided in Fitely unauthorized and in any way other that the one identified by Fitely; not to change the software in any way; not to use the software which is identified as being changed; and to indemnify Fitely for all material and moral losses in the event the member does not comply with the aforementioned articles, Fitely shall not be responsible for any damages which may arise from reading of data belonging to any members by any unauthorized people, not to send any messages which are threatening, immoral, racially and contrary to the Laws of Jordan/turkey and international agreements, any correspondences, titles, nicknames posted to the context shall not be contrary to the rules of public morality, good manners and laws, not to harass and/or threaten other users, or any of Fitely live chat personnel, not to act in a way affecting the use of services by other users, not to post, print, distribute, circulate any amoral, inappropriate and unlawful materials and information which may give harm to the names of any people or institutions, not to advertise, sell or offer to sell any products or services, engage in any activities such as survey, competition or chain letter, not to send any information or programs which may give harm to the information or software in the computers of other users,
All of the records or materials obtained by using the services of Fitely are within the consent of the user; the user shall be absolutely responsible for any damages, loss of information or other losses caused by them in the user’s computer; the user shall not demand any compensation for any losses arising from the use of the service, not to use the services of Fitely for any commercial and advertising purposes without obtaining the consent of Fitely
Fitely may monitor all system at any time or continuously.
Fitely may use its system for commercial purposes, not to mail any information which is forbidden legally and circulate any mails which do not have authorization to be sent such as chain mail, malicious software, etc., not to record and misuse any personal information belonging to others, The member himself/herself is responsible for all kinds of acts made under the “username”, The clients must pay the service fee which is notified previously at the time of delivery of products; otherwise the products shall not be delivered to the clients. not to access the site or services using a third-party's account/registration without the express consent of the account holder; not to use the site for illegal purposes; not to commit any acts of infringement on the site or with respect to content on the site; not to use the site to engage in commercial activities apart from sanctioned use of Fitely services; not to copy any content, including, but not limited to shop menu content and third-party reviews, for republication in print or online; not to create shop reviews or blog entries for or with any commercial or other purpose or intent that does not in good faith comport with the purpose or spirit of the site; not to attempt to gain unauthorized access to other computer systems from or through the site; not to interfere with another person's use and enjoyment of the site or another entity's use and enjoyment of the site; not to upload or transmit viruses or other harmful, disruptive or destructive files; and/or
not to disrupt, interfere with, or otherwise harm or violate the security of the site, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the site or affiliated or linked sites (including those of our shop partners).
All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the website. If you are a minor, you must have your parent or guardian read and agree to this Agreement prior to you using the website.
Credit or Debit cards used in placing orders through the online payment gateway on Fitely website or applications must belong to the user. Otherwise, the user must attain the legal permission from the card owner to perform the transaction.
Visitor material and conduct
You are prohibited from posting, uploading or transmitting to or from this website any material that:
Breaches any applicable local, national or international law;
Is unlawful or fraudulent.
Amounts to unauthorized advertising; or
Contains viruses or any other harmful programs.
You may not misuse the website/application (including by hacking).
Any comments or feedback that you submit through the website must not:
Contain any defamatory, obscene or offensive material;
Promote violence or discrimination;
Infringe the intellectual property rights of another person;
Breach any legal duty owed to a third party (such as a duty of confidence);
Promote illegal activity or invade another’s privacy;
Give the impression that they originate from us; or
Be used to impersonate another person or to misrepresent your affiliation with another person.
The prohibited acts listed in the above paragraphs are non-exhaustive. You will pay Fitely for all costs and damages which it incurs because of you breaching any of these restrictions.
Fitely will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or location of anyone posting any material in breach of the above paragraph.
You may not access or use the website/application for any other purpose other than that for which Fitely makes it available. The website/application is for the personal use of users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Fitely in case of any prohibited activities committed by the user, the company has the right to suspend, block or terminate the user's membership and prevent his access to log in the service. Prohibited activities include but not limited to the following:
Criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, or theft of trade secrets;
Advertising to, or solicitation of, any user to buy or sell any products or services, unless authorized by Fitely;
Systematic retrieval of data or other content from the website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Fitely;
Making any unauthorized use of the Fitely services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email;
Engaging in unauthorized framing of or linking to the website;
Transmitting chain letters or junk email to other users;
Using any information obtained from the website in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
Engaging in any automated use of the system, such as using scripts to add friends or send comments or messages, or using any data mining, robots or similar data gathering and extraction tools;
Interfering with, disrupting, or creating an undue burden on the website or the networks or services connected to the website;
Attempting to impersonate another user or person;
Using the username of another user;
Selling or otherwise transferring your profile;
Using any information obtained from the website in order to harass, abuse, or harm another person;
Using the Fitely service as part of any effort to compete with Fitely or to provide services as a service office;
Deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the website;
Attempting to bypass any measures of the website designed to prevent or restrict access to the website, or any portion of the website;
Harassing, annoying, intimidating or threatening Fitely company through any medium of communication or to any of its employees or agents engaged in providing any part of Fitely Company services to you.
Displaying an advertisement, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the website on behalf of that person, such as posting blogs or bulletins with a commercial purpose;
Deleting the copyright or other proprietary rights notice from any Contribution or Fitely Content; and
Using the website in a manner inconsistent with any and all applicable laws and regulations.
Any other suspected malicious activities on Fitely website or applications.
Authority of Fitely
Fitely may temporarily suspend or completely cease the system operation at any time.
Fitely shall not have any responsibilities against the members of Fitely or any third parties due to the temporarily suspension or completely cessation of the system operation.
The username and password shall be displayed and approved after the filling of the application parts to be submitted to the clients by Fitely. Fitely may prevent its clients who have filled in all parts or have connected although they have passwords/phone number from having a new password/phone number or from using their passwords/phone number for an indefinite period of time if it is deemed necessary by Fitely.
Fitely does not warrant that its services shall be provided on time in a secure and complete way, the results obtained from the services shall be correct and reliable, and that the service quality shall meet the expectations.
Fitely has the right to back-up and delete all or some of the files, messages which are provided by the members during the use of services for some periods deemed suitable by Fitely. Fitely shall not be held responsible for back-up and delete processes.
Fitely has the ownership and copyrights arising from the ownership of the information, documents, software, designs, graphics etc. which are produced by itself and/or bought from outside.
The sales of Fitely are limited to the current availability of menus of the firms provided in Fitely. Fitely is not responsible for any item ordered and not delivered by the shop due to unavailability.
Fitely has right to post any information, documents, software, designs, graphics, etc. (such as the messages, poets, reports/news, file posted to the bulletin board) which are member generated and uploaded to the system by the members and/or to transmit them to another place within the site deemed as appropriate by Fitely. It is probable that this information is copied and/or posted by other users. In such cases, the users shall not demand any royalty from Fitely.
The obligation to change the information in relation to the price and product specifications, which are provided to sell in Fitely, belongs to the companies which have cyber shops in Fitely. In the event of any misinformation relating to the price and specifications of products, Fitely may correct this mistake by cancelling the order.
Fitely may provide transition for a member to other websites. In this case, the member agrees that Fitely shall not be responsible for the context of the websites/application, which the member may access through its site.
Fitely may make any changes in the implementation of this agreement, and amend the existing articles or add new articles for the purpose of complying with any technical necessities and legislation which shall come into being in the future.
Fitely may change in time the services for which any membership is not required to a form, which requires membership. Fitely may provide addition services, change some of the services partially or completely, or transform into a paid service.
This site/application may be unavailable at certain times to allow for maintenance and upgrades. Although we will endeavor to notify customers in advance of any service unavailability, this cannot be guaranteed, and we reserve the right to alter or withdraw the service at any time.
Termination of agreement
Fitely may terminate this agreement unilaterally at any time.
Guidelines for Reviews
Reviews are approved based on the following criteria:
Reviewers must have had an experience with the shop firsthand.
Fitely are not obligated to approve reviews on the site. A subset of the potential reasons for rejection are:
Offensive Language: Profanity, abusive, racist, and hate language is not tolerated in our interactive sections.
Irrelevant or non-indicative content
Discrimination based on the grounds of religion, race, gender, national origin, age, marital status or disability.
References to illegal activity or uncorrelated references towards society’s traditions and values.
Conflicts of interest: Competing shops are not allowed to post negative reviews. Violation of this might result in permanent removal from our website.
Allegations of health code violations.
Outdated and obsolete information
Reviews are not endorsed by Fitely, and do not represent the views of Fitely, our parent companies, our subsidiaries. Fitely does not assume liability for any review or for any claims, liabilities or losses resulting from any use of our sites, or information on our site.
OWNED BY Fitely
Reviews are owned by Fitely exclusively in perpetuity. We have the right to reproduce, modify, translate, transmit, and/or distribute all materials relating to reviews. Fitely is under no obligation to pay the author or anyone else for their reviews.
Restrictions for Non-Personal and Non-Commercial Use
You agree that the consequences of commercial use or re-publication of content or information of Fitely may lead to serious and incalculable monetary compensation that may not be a sufficient or appropriate remedy and that Fitely will be entitled to temporary and permanent injunctive relief to prohibit such use.
During any product delivery made by shops, if the client is not available in the address specified in the system, the meals ordered by the client shall not deliver to anywhere else. Within the framework of such a case, the member must accept all legal responsibilities arising from ordering a meal to an address where he/she does not exist.
In relation to any product returns, the terms of product return belonging to the shops are applied. Fitely does not undertake any responsibilities for the disputes, which may arise from terms of product return belonging to the shops.
Fitely takes customer satisfaction very seriously. In the case of problems with your fresh food/product order, please contact Fitely through our email firstname.lastname@example.org or by the contact us page or social media pages or call us on our hotline number and we will assist you. In appropriate cases, if you have already been billed by Fitely, Fitely will issue full or partial refunds. In the following cases: if you did not receive your order or received an incorrect order, you may be issued a full refund; if part of your order is missing or damaged, we may issue a partial refund. In every event, we will do our best to ensure your satisfaction.
- Customer can choose between different payment methods provided on the platforms, which are currently the following: Cash on Delivery, local debit cards, Visa Checkout and credit cards and card machine upon delivery.
2. Fitely reserves the right to provide other payment methods or to no longer offer certain payment methods.
3. Customer bindingly chooses the payment method when placing the respective order, provided that the customer chooses an online payment method, the payment will be processed by an external online payment provider cooperating with Fitely.
4. Card data will be stored for future orders by the external online payment providers, on the condition that the customer has given consent to the storage and future usage by applying his first online payment or if asked on the checkout.
5. Customer is obliged to ensure sufficient cover of the respective account or, when using credit card, to use the credit card only within the card transaction limit. Customer must refrain from causing unauthorized debit charge backs.
Price and Payment
Once your order has been accepted, this represents an agreement between you the customer and the shop. The shop has sole responsibility for this order. Cash payments are made directly to the shop upon delivery to fulfill the order. If you have chosen to pay with credit or debit card on the Site, then the transaction is processed by Fitely as agent of the shop. Delivery charges are calculated per order and based on the policy of the individual shop. Any delivery charges or any other fees will be displayed clearly in your Order Summary.
Debit / Credit Cards:
The customer is liable to pay by cash upon delivery any extra charges the shop might charge as a result of the "Special Request" or the "General Request" placed by the customer.
You may cancel the order if the delivery time exceeded the shop delivery promise time; your paid amount will be refunded back to your account.
The customer refund procedure might take 2-7 working days to process on the Debit /Credit Cards bank payment gateway. The customer must follow on with the bank in case of any delay in crediting back the customer’s account with the amount previously paid by the customer. We will send an email to the customer that contains a printout of the refund advice printed from Debit / Credit Cards bank payment gateway as reference in case the customer wants to revise the bank with.
Customers using the Debit / Credit Cards facility are requested to be available on their respective contact numbers.
The customer would be reimbursed by the shop in case the shop faced the inconvenience of a missing item (Reimbursement applicable only for the missing item and is subject to the shop own reimbursement policy).
Credit or Debit cards used in placing orders through the online payment gateway on Fitely website or applications must belong to the user. Otherwise, the user must attain the legal permission from the card owner to perform the transaction.
The customer is entirely liable for placing an order using the Debit / Credit Cards facility after carefully reading all the terms & conditions.
Validity of Fitely records
In the disputes which may arise in relation to this agreement, the member agrees, states, and warrants that any bookkeeping entry, microfilm, microfiche and computer records constitute a valid, binding, absolute and exclusive evidence; this article has the characteristics of an evidential contract, and that the member waives in advance all kinds of objections to the specified Fitely records and the right to tender an oath in relation to the fact that these records are kept in due form.
Governing law & competent
These Website/application Terms shall be governed by and construed in accordance with the law. Disputes arising in connection with these Website/application Terms (including non-contractual disputes) shall be subject to the exclusive jurisdiction of the courts.
Fitely (referred to hereinafter as the ‘Company’)may or may not consider launching a Fitely Loyalty Reward Program (referred to hereinafter as the ‘Program’) operating under the terms and conditions as set out below.
Only members and users of Fitely, and those who are selected and invited by the Company shall be eligible to join the Program. Such eligibility criteria may be subject to change at any time.
2. Acceptance and Disclosure
By using your Membership Account that you were invited to receive and redeem points of the Program, you agree that;
- You have read and accept these terms and conditions set out herein,
- You consent to the collection, use, and disclosure of your personal data by the Company, the Program, and the Company’s affiliates to any third party for any purpose related to the Program or the company’s business.
- Termination or Modification
The Company reserves the right to modify at any time without notice its Program including but not limited to the Program benefits, awards, The program’s Earning and Redemption Points as set in provision no.
4(referred to hereinafter as ‘Provision No. 4’), and some or all of these terms and conditions set out herein in the program pages. Loyalty Members are responsible for remaining knowledgeable of the Program terms and conditions and any modifications that may occur to them. The Program Account member’s continued participation in the Program will constitute the acceptance of any such modifications.
The Company may terminate the Program, in whole or in part, with one-week prior notice to all active Program Members, and all unredeemed Points will be lost after the conclusion of the notice period without any obligation or liability.
The Company can immediately terminate the Program Membership Account of an Account member, if in its reasonable opinion the account member has breached these terms and conditions, or behaved fraudulently, or has provided the company with false or misleading information. In the mentioned events the account member case will lose all the acquired benefits and any right of use.
- Earning and Redemption
The Company’s Program membership allows its account members to earn and redeem points when making purchase orders through the Company’s application.
*You may not, for example, incorporate the information, content, or other material in any database, compilation, archive, or cache. You may not modify, copy, distribute, re-publish, transmit, display, perform, reproduce, publish, reuse, resell, license, create derivative works from, transfer, or sell any information, content, material, software, products, or services obtained from the site, except as specifically noted above. Except as specifically authorized by Fitely, you may not deep link to the site for any purpose or access the site manually or with any robot, spider, web crawler, extraction software, automated process or device to scrape, copy, or monitor any portion of the site or any information, content, or material on the site. Fitely reserves all its statutory and common law rights against any person or entity who violates this paragraph. You may not link or frame to any pages of the site or any content contained therein, whether in whole or in part, without prior written consent from Fitely. You may become a "fan" of the site or share links to the site via social networking technology reference on the site. Any rights not expressly granted herein are reserved.
Intellectual Property Rights
The content on the website/application ("Fitely Content") and the trademarks, service marks and logos contained therein ("Marks") are owned by or licensed to Fitely and are subject to copyright and other intellectual property right. Fitely Content includes, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics. All Fitely graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of Fitely in Jordan and/or other countries. Fitely’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Fitely. Fitely Content on the website/application is provided to you "AS IS" for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Systematic retrieval of data or other content from the website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Fitely is prohibited.
Provided that you are eligible to use the website/application, you are granted a limited license to access and use the website/application and the Fitely content and to download or print a copy of any portion of the Fitely content to which you have properly gained access solely for your personal, non-commercial use. Fitely reserves all rights not expressly granted to you in and to the website/application and Fitely Content and Marks. If you download or print a copy of the Fitely content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable, or otherwise interfere with the security related features of the website or features that prevent or restrict use or copying of any Fitely content or enforce limitations on use of the website/application or the Fitely content therein.
By posting contributions to any part of the website, you automatically grant, and you represent and warrant that you have the right to grant, to Fitely an irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide license to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such contributions for any purpose, commercial, advertising, or otherwise, on or in connection with the website/application or the promotion thereof, to prepare derivative works of, or incorporate into other works, such contributions, and to grant and authorize sub licenses of the foregoing.
Fitely has the right, in our sole and absolute discretion, to (i) edit, redact or otherwise change any contributions, (ii) re-categorize any contributions to place them in more appropriate locations or (iii) pre-screen or delete any contributions that are determined to be inappropriate or otherwise in violation of this Agreement.
Links to and from other websites
As a courtesy to you, the site may offer links to other websites. Some of these websites may be affiliated with Fitely while others are not. Fitely is not responsible for the contents of any website pages created and maintained by organizations independent of Fitely. Visiting any such third-party website pages is at your own risk. Fitely has no control of these third-party website pages, nor can it guarantee the accuracy, completeness, or timeliness of information in third-party website pages. Your use of such information is voluntary, and your reliance on such information should be made only after independent review. References to commercial products or services within any such third-party website pages do not constitute or imply an endorsement by Fitely. By using the site, you acknowledge that Fitely is responsible neither for the availability of, nor the content located on or through any third-party website pages.
Limitation of Liability
To the extent permitted by law, Fitely provides this site/application and content on an "as-is" and "as available" basis and we make no representation or warranty of any kind, express or implied, regarding the content or availability of this site/application, or that it will be timely or error-free, that defects will be corrected, or that the site or server that makes it available are free of viruses or other harmful components. Subject to the previous paragraph, neither Fitely nor Fitely directors, officers, agents, employees or contractors shall have any liability for any direct, indirect, special or consequential losses or damages (including without limitation, damages for loss of business or loss of profits), arising in contract, tort or otherwise from the use or inability to use this site/application. Nothing in these terms shall exclude or limits liability for death or personal injury resulting from our negligence or that of our agents or employees.
THE INFORMATION, CONTENT, PRODUCTS, SERVICES, AND MATERIALS AVAILABLE THROUGH THE SITE/APPLICATION (WHETHER PROVIDED BY FITELY, YOU, OTHER USERS OR OTHER AFFILIATES/THIRD PARTIES), INCLUDING WITHOUT LIMITATION, FRESH FOOD ORDERS,STORE ORDERS, SUBMISSIONS, TEXT, PHOTOS, GRAPHICS, AUDIO FILES, VIDEO, AND LINKS, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FITELY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE