Privacy Policy

INTELLECTUAL PROPERTY RIGHTS POLICY

VSM India Enterprises, a company incorporated under Companies Act, 2016  having its registered office at 4352-4354, Gali No. 4C, Madan Mohan Street, Ansari Road, Darya Ganj New Delhi - 110002, India owns and operates https://www.fizixpro.com (“Website”). Fizix is conscious of and is committed to helping people and organizations protect their Intellectual Property.

INFORMATION TECHNOLOGY ACT, 2000 

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. 

FIZIX reserves the right to refuse or cancel any order placed for a product that’s listed at an incorrect price or for any other reason. This shall be no matter whether the order has been confirmed and/or payment has been received. The precise payment of the amount paid shall be refunded and therefore the User shall be told of an equivalent.

Intellectual Property includes the following:

“Trade Marks” i.e. a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from the others and may include service marks, logos, designs, trade dress, shape of goods, their packaging or combination of colours, as are duly registered and/or pending registration under the Trade Marks Act, 1999.

“Copyrights” in, copyrighted works and copyrighted materials i.e. literary, dramatic or musical work or artistic work, owned, acquired or validly licensed to any person in terms of the Copyright Act, 1957.

Other intellectual property rights legally valid and recognised in India such as trade secrets, proprietary know-how, any patentable or non-patentable inventions, discoveries or any modifications, adaptations, derivatives or improvements of each of the above.

PROTECTION OF INTELLECTUAL PROPERTY

Copyright in the Website belongs toVSM India Enterprises. The Website contains the trademark “Fizix”, other trademarks, logos, trade name, service marks and other marks (collectively “Marks”) which are the Intellectual Property of Fizix or its vendors or respective third parties. Fizix uses contents, pictures, photographs and Marks of various vendors and third parties procured from the owner and/or distribution channel who might not be the original owners of Intellectual Property rights therein. All items and photographs advertised / listed and the contents therein are received by Fizix from vendors and are third party user generated contents. In this regard, Fizix shall not be liable and responsible for any actions or in actions of the vendors nor any breach of any third party intellectual property rights of the sellers or manufacturers or owners of the products and hereby expressly disclaim any and all responsibility and liability in this regard.

The users of the Website should assume that standard Intellectual Property rights protection applies to all materials and contents displayed on the Website. Any redistribution, modification or reproduction of part or all of the contents featured on the Website in any form is prohibited.

You are not permitted, except with the express written consent of VSM India Enterprises, to distribute or commercially exploit the contents or use the Marks displayed on this Website. You are also prohibited from transmitting the contents or storing it in any other website or in other forms of electronic retrieval system.

All copyright, Marks, domain name, trade dress including the “look and feel” of the Website, its text, graphics, button icons, interfaces, etc., and the arrangements thereof, is the property of Fizix or its vendors or the third party, as the case may be, unless otherwise indicated. All the contents are protected under copyright, trademark and other applicable Intellectual Property laws and may not be used by you, except as permitted by VSM India Enterprises, its vendors or the concerned third party.

To facilitate and assist people and organizations protect their Intellectual Property rights and as a trust building exercise between Fizix and the users of the Website, Fizix has put in place a Protection of Intellectual Property Program (“PIP Program”) to identify and remove infringing or unlicensed items and material listed on the Website if an owner of Intellectual Property reports to us.

Reporting – PIP Program

Who can report to us?

You may report to us if you are the owner/valid licensee of an Intellectual Property in any content available/uploaded on the Website without your consent, or you believe that your content has been copied/misused in any way that constitutes infringement of your Intellectual Property rights. In case you are not the owner of the Intellectual Property, you can still help by getting in touch with the relevant owner and encourage them to contact us.

How to report?

You (the owner/licensee of Intellectual Property or any authorized representative of owner/licensee of Intellectual Property) are required to email us at support@amdigital.in, a Notice of Infringement form specifying the allegedly infringing listings on our Website along with following details:

Your personal details:

1.Name

1. Constitution i.e. Individual/Company/LLP

2. Registration number (if any)

3. Residential/Registered Address

4. Name and designation of authorized representative (applicable for persons other than an individual) along with certified true copy of document evidencing the authority

5. Contact Details i.e. email id, phone/fax number

6. Link of the product appearing on the Website which infringes your Intellectual Property rights;

7. Details of the product which infringes your Intellectual Property rights;

8. Details of your Intellectual Property rights existing as on date in India along with registration/application details, if any; and

9. Reasons for comprehending that the products in question violate your Intellectual Property rights and the basis of your decision such as test purchases, laboratory reports or such similar documentary proof.

Actions that Fizix will take on receipt of a Notice of Infringement

If Fizix is satisfied with the veracity and genuineness of a duly filled and complete Notice of Infringement, Fizix shall:

1. Immediately de-list the infringing products from the Website;

2. Bar the relevant vendor/merchant/advertiser from accessing and transacting over the Website including listing of their products;

3. Provide all details of the relevant vendor/merchant/advertiser of the infringing products to the person submitting the Notice of Infringement; and

4. Provide, in its sole discretion, all reasonable cooperation and assistance to the person submitting the Notice of Infringement in taking appropriate action against the relevant vendor/merchant/advertiser.

Consequences of incomplete/frivolous reporting

If the Notice of Infringement is incomplete in any manner or Fizixis of the opinion, in its sole discretion, that the Notice of Infringement is frivolous and/or fake, Fizix may not take any actions as stated above and may report to the concerned vendor/merchant.

If you believe that a report made against you is frivolous, you may intimate us about the same along with documentary proof thereof (“Withdrawal Claim”). However, Fizix will re-list your products on the Website only if it is satisfied, in its sole discretion, of the genuineness of your Withdrawal Claim. Fizix may require you to provide such information or documents, as it may deem fit for the purpose (including without limitation a final order of a court of competent jurisdiction, a withdrawal of claim letter of the person who alleged infringement against you etc.) 

You acknowledge that Fizix will exercise its discretion based on the documents and information provided by you and shall not independently verify the genuineness of your claim. Accordingly, Fizix shall not be held liable in any manner for any act/omission, so far as Fizix exercises reasonable and due diligence with respect to any Notice of Infringement and/or a Withdrawal Claim. You acknowledge that Fizix shall not be liable for not taking any action, if the Notice of Infringement is incomplete and/or adequate information is not provided with a Withdrawal Claim.

Fizix’s Limitation of Liability

PIP Program has been launched by Fizix to merely facilitate and assist people and organizations to protect their Intellectual Property rights. As mentioned above, Fizix is a mere technology and infrastructure service provider. Fizix provides a platform to buyers and sellers to conclude their transactions online.

Fizix neither guarantees protection nor is responsible for infringement of Intellectual Property rights of any person. We are providing https://www.fizixpro.com as is without any express or implied warranties including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Fizix is not responsible for the actions, content, information, or data of third parties and you release us, our shareholders, directors, officers, employees, and agents from any direct and/or indirect claims and damages, known and/or unknown, arising out of or in any way connected with any claim you have against any such third parties.

PICKUP POLICY

The Customer (“you”) hereby agrees and acknowledges to abide by the below mentioned pickup policies(“Pickup Policy”) of Fizix (“Company” or “we”):

1. We shall raise a pickup request with our logistic partner if the product(s) is unserviceable or in case we are unable to resolve the issue.

2. Once the pickup request is initiated, the product(s) shall be picked up from you within seven (7) business days.

3. We shall arrange for the pickup of the product(s) through our logistic partner from the same address where the product(s) was originally delivered to you.

4. Our logistic partner will make three (3) attempts to pickup the product(s). In case you still remain unreachable after the third attempt, your pickup request window will be closed and you will have to raise a new pickup request by writing to us on support@amdigital.in  or contact us on +91-96span>67993225  along with your contact details, order details, issue and images of the concerned product(s).

5. In case our pickup service is not available at your location, you will need to self-ship the product(s) via any reliable courier partner to our designated location, i.e.VSM India Enterprises, 4352-4354, Gali No. 4C, Madan Mohan Street, Ansari Road, Darya Ganj New Delhi - 110002.

6. After your product(s) is received, the product(s) is then brought back to our warehouse where it shall be checked by our quality control team. We will verify it against the claim and initiate the refund accordingly.

7. Company reserves the right to reject the refund basis the terms and conditions under this Pickup Policy.

8. We will only accept pickup request for the product(s) which have been purchased through our authorized channels.

9. The Company hereby reserves the right to update, modify or amend the Pickup Policy at any time without giving any prior written notice. Any such change shall come into effect immediately upon posting the revised Pickup Policy on our website.

10. You hereby acknowledge and agree to accept the Pickup Policy and any such amendments that may into effect in future.

Conditions under which Pickup are not accepted:

i. Product not packed when pick up is aligned.

ii. Incorrect product received at the warehouse.

**ALL DISPUTES ARE SUBJECTED TO DELHI JURISDICTION.

FIZIX & VSM INDIA ENTERPRISES will not be liable for any type or kind of credit card fraud. The liability to utilize a card fraudulently will be on the utilizer and the onus to ‘prove otherwise’ shall be exclusively on the utilizer. The Utilizer must exclusively utilize his/her own card on the website.