TERMS AND CONDITIONS

WHAT ARE THE TERMS AND CONDITIONS?

Spry Athletica TERMS & CONDITIONS

These Terms and Conditions consist of the following sections: 1. Introduction; 2. The Purchase Terms; 3. Use of the Website and 4. Miscellaneous, as well as policies, set of terms or documents to which a link has been provided herein (collectively “Terms & Conditions”).

1. INTRODUCTION

If you place an order through www.spryathletica.com, or any other website or app in which we present these Terms and Conditions, upon confirmation that such order is accepted a contract of sale will be executed between you and Spry Athletica Private Limited (hereinafter referred to as "Spry/we/us") having CIN No. AAV-5529, with its registered office at Regd. Office: 12, Dinkar Villas, Opposite Ambedkar Baug, Shivajinagar, Miraj 416410, Maharashtra, India; which will be governed by these Terms and Conditions and specifically by the Purchase Terms mentioned below.

2. PURCHASE TERMS

Please read these Purchase Terms carefully before ordering Products online from the Website.

2.1 WHEN DO THESE PURCHASE TERMS APPLY?

These Purchase Terms apply to all offers and contracts relating to the sale and delivery of Products by us. In other words, you agree to these Purchase Terms, when you (i) order anything from the website, (ii) order anything at any web page directly connected to the Website or (iii) when you accept an offer from us. It is only possible to deviate from these Purchase Terms if agreed in writing by us.

2.1PRODUCTS

Please note that in the case of limited edition or limited production Products extra restrictions such as limiting the number of such Products per consumer may apply. These extra restrictions will be made known to you via the website.

All Products shown on the Website are subject to availability. This means that, although we strive to ensure our Website reflects the availability of stock, a Product shown on the Website may no longer be available for purchase.

Minor differences in colour and other variations in Products are possible as a result of different image acquisition, display technologies or other technical reasons. Spry is not liable for these variations and deviations. No rights can be derived from typing errors, product descriptions or manifest errors on the Website.

2.3 REQUIREMENTS TO CONCLUDE A CONTRACT WITH Spry

You must be 18 years of age or older to buy Products via the Website.

You can only order on the Website if you are a consumer, not a reseller.

You guarantee that the information you provide to us in the request or order is accurate and complete.

2.4 HOW IS A CONTRACT CONCLUDED WITH YOU?

The following applies to all types of Products. All information on the Website is an invitation to treat only. In other words, the information is not an offer or binding contract. You agree that your order is an offer to purchase the Products listed in your order.

All orders submitted by you are subject to acceptance by us. We are entitled to verify an order in advance at all times and/or to refuse to accept an order without providing reasons and with no liability to you or any third parties. If we do not confirm acceptance of your order within ten working days, it is deemed to have been refused.

We may choose not to accept your order at our own discretion. Examples of when we may not accept your order are as follows:

If Product(s) are shown on the Website but are not or no longer available;
If we are unable to obtain authorisation of your payment;
If shipping restrictions apply to a Product;
If Product(s) shown on the Website contain a (manifest) error such as being incorrectly priced or otherwise incorrectly described or shown;
If we are unable to process your order due to technical reasons;
If we know or reasonably suspect an order was made with the assistance or involvement of any software, robot, crawler, spider or other automated means or device.

In the event that we do not accept (part of) your order, we shall be entitled to cancel (part of) your order without incurring any liability towards you or a third party. Following the cancellation, we will of course provide you with a refund for the amount paid to us under the cancelled (part of the) order.

We reserve the right to cancel your order after the creation of the contract of sale, thereby terminating the contract of sale, for the reasons stipulated in this section 2.4. under headings a through f above. Following the cancellation, we will of course provide you with a refund for the amount paid to us under the cancelled (part of the) order.

After your order has been placed, we will send you an order acknowledgment email with your order number and details of the Products you have offered to purchase and details of any delivery services. Acceptance of your order and the formation of a contract of sale of the Products between you and us will not take place unless and until either:

you receive a confirmation from us that the Products have been shipped to you from our warehouse; or
you receive a confirmation from the carrier that the Products are ready for you to pick up if this option is available on the Website and you have chosen to pick up the Product(s) at a carrier office or the carrier has stored the Products at the pickup location

2.5 RETENTION OF TITLE

All Products will remain the property of Spry until you have paid all amounts owed to us in full under any agreement, including the payment of costs, earlier or later deliveries or partial deliveries. You may not sell, dispose of, or encumber any Product before full title thereof has passed to you.

2.6 MAINTENANCE OF PRODUCTS

We draw your attention to the washing and maintenance instructions printed on the labels of the Products. We are not liable for any damage resulting from incorrect handling of Products, including handling contrary to the instructions.

2.7 ORDER CANCELLATION

Notwithstanding your right of withdrawal, it is possible, under limited circumstances, to cancel your order for Standard Products. Please see Help section of the Website for more information.

2.8 PRICE

The stated prices include GST. Prices are quoted in India Rupees (INR). Spry reserves the right to make price changes prior to an order placed by you.

We reserve the right to change, limit or terminate any special offers or discounts at any time.

We may charge delivery costs. The delivery costs vary for each Product and type of delivery. For further details, please see section 2.12 or go to ‘Delivery’ in the Help section of the Website. Any delivery costs will be charged separately, itemised and added to the total amount of the order.

2.9 METHODS OF PAYMENT

Please check the Help section of the Website for information on available payment methods.

Spry reserves the right to conduct an individual credit check for each order in accordance with the Spry Privacy Policy. Depending on the results of this check, Spry reserves the right to refuse certain methods of payment.

2.10 INVOICING

Where we elect or are required by applicable law, to issue or make available an invoice, we reserve the right to issue or make available electronic invoices and you agree to such form of invoicing.

2.12 DELIVERY

We will deliver to the address indicated by you within India. We can only deliver to a home or office address or a carrier pickup location. If a delivery attempt is unsuccessful, you agree that the carrier we have engaged for the delivery may also deliver the Products to a neighbouring/nearby address or pick-up point, after which Spry is deemed to have met its obligation to deliver the Products. The carrier will notify you of the delivery to the neighbouring/nearby address or pick-up point.

Shipment of orders will take place on business days, not being a public holiday in the area in which our warehouse is located. Therefore, please, consider any public holidays including any national and/or regional holidays in your country of residence and in the relevant state, area, or city in India. Deliveries will be made on business days, not being a public holiday in your country. Note that public holidays may vary per country and per year.

For detailed information about delivery periods, please check the specifications for the different types of delivery on the Delivery section in the Help section of our Website. Delivery periods are indicative and are therefore not regarded as strict deadlines. The mere fact that a delivery period is exceeded does not entitle you to compensation. Notwithstanding this, in case of the unlikely event of delay in an Express delivery, we may, at our discretion, refund to you the full cost of Express delivery.

Spry is entitled, insofar as reasonably possible, to make split deliveries so that you receive your Products as soon as possible. There are no additional costs associated with such split deliveries. However, in the event that you request that we deliver in parts, we may charge you for extra delivery costs. Each split order shall constitute a separate contract of sale. If we are late delivering a part or one split order is faulty, that will not entitle you to cancel any other part of split order.

In the unlikely event that after entering into the contract of sale, we cannot, could not or can no longer deliver (part of) your order and are not responsible for this situation, we will be entitled to terminate the contract of sale. We will, of course, inform you as soon as reasonably practicable and reimburse any payments made.

2.13 RETURNS POLICY

For practical information and the instructions for returning Standard Products please see the Return section in the Help section of the Website.

In the event that you have a right to withdraw from a contract of sale with us (and thus return your Standard Product(s)) in accordance with Sections 2.15, the following conditions apply.

2.14 WARRANTY

Your purchase is warranted against manufacturing defects for up to 30 days from the date of purchase

2.15 VOLUNTARY RETURN GUARANTEE

You have the right to withdraw from this contract within 30 days without giving any reason.

The withdrawal period shall be 30 days from the date you, or a third party named by you, who is not the carrier, have/has taken possession of the Products, or, where your order contained multiple Products which will be delivered separately, delivery of the final Product(s) making up your order (“Return Period”).

We offer this Voluntary Return Guarantee during the Voluntary Return Period subject to the provisions of our Returns and Withdrawal Policy (Section 2.13) and the following conditions.

The Standard Product(s) must have not been used or damaged beyond normal inspection use and must be returned in its original packaging. Returns of clothing items can only be accepted if the original label has not been removed.

We must be in receipt of the Standard Product(s) you are returning prior to the end of the Voluntary Return Period.

We reserve the right to reject the return and shall not give any compensation under this Voluntary Return Guarantee for returned Standard Products that do not comply with these conditions.

If you withdraw from a contract of sale during the Voluntary Return Period, in accordance with our Returns Policy (Section 2.13) and this Section 2.15, we will reimburse all payments we received from you, including delivery charges (provided the returned Standard Product(s) represent(s) the complete order and with the exception of any additional charges arising from the fact that you chose a different method of delivery to the cheapest standard delivery offered by us, where available) within fourteen (14) days after our receipt of the Standard Product(s). For this repayment we shall use the same method of payment that you used making the original transaction unless we arrange a different method with you; you will not be charged any fees for such repayments under any circumstances.

2.17 EXCHANGE POLICY

We do not exchange Products. If you wish to exchange a Product, you will need to return your purchase for a refund and place a new order. It is only possible to get a refund on returns when the return is in line with our Returns and Withdrawal Policy as stipulated in section 2.13.

2.18 DAMAGED OR DEFECTIVE PRODUCTS

For Spry, quality is paramount. We thoroughly test all our Products in real-life conditions to ensure they are fully capable of standing up to the uses for which they were designed. It is extremely rare for our Products to be damaged or defective. Spry has a legal obligation to make sure that our Products are conform to the contract of sale. Returned Products are inspected by the Spry Quality Assurance Department and refunded if the damage is the result of a manufacturing defect or deviation from factory specifications. We undertake to fully refund the cost of any defective Products.

If the problem was caused by reasons other than materials quality or assembly process, the original Product is returned to you. We do not refund Products:

obtained from a source other than the Website.
that have been damaged by abuse or negligence (e.g., exposure to chemicals, caustic substances, open flame, high heat, sharp object, etc.); and/or
that have been damaged by misuse or activities other than the intended purpose (e.g., use of running shoes for court sports or hiking footwear as work boots, etc.).
which gets damaged or becomes non-usable due to maintenance/cleaning/upkeep carried out by consumer which does not comply to Spry recommended maintenance/cleaning/upkeep methods, written on care labels/instruction stickers attached to the product or product maintenance instructions as advised on website.

Please note the life expectancy of any Product depends on the individual using the Product, the conditions of use, and the characteristic wear patterns of the user. Our Products damaged by normal wear and tear or that have exceeded the reasonable lifespan of the Product are not replaced.

Our Customer Service team is available to assist you. Please don't hesitate to contact us with your questions and comments. Contact us via the means provided in the Help section of the Website or using the contact information provided below under Miscellaneous.

3. USE OF THE Website

3.1 INTRODUCTION

These Terms of Use apply to your access to and use of the Website, including the software contained in the Website (“Software”).

Your access to and use of the Website and the information, materials, products, and services available through the Website are subject to these Terms of Use, regardless of whether you possess an account through the Website linked to your name and/or contact information (“Account”).

Please read these Terms of Use carefully before using the Website. If you choose to continue to use or access the Website after having the opportunity to read these Terms of Use, you recognize that Spry has provided valuable consideration by offering the Website free of charge, and in exchange for that valuable consideration, you agree to these Terms of Use.

If you do not agree to be bound by these terms of use, do not access, or use the Website.

3.2 PRIVACY POLICY

The Website Privacy Policy describes how we collect information about you through the Website and how we use and disclose that information.

3.3 CHANGES TO THESE TERMS OF USE

We may make changes to these Terms of Use at any time if we believe it is reasonably necessary to do so (including for security, legal or regulatory reasons). We will give you as much advance notice of this as is reasonably possible (and may do so by communicating the changes to you either when you log in to the Website or by sending you notice using the contact information that you have provided to us and/or by any other means we think is appropriate).

In some circumstances we may need you to download the latest version of the Website and/or accept a new version of these Terms of Use before continuing to use the Website. Your continued use of the Website will constitute your acceptance of any new or amended terms and/or updates.

3.4 COPYRIGHT AND OWNERSHIP

All the content featured or displayed on the Website, including but not limited to text, graphics, photographs, images, moving images, sound, and illustrations protected by intellectual property law other than User-Provided Content (together "Content"), is owned by Spry, its licensors, vendors, agents, and/or its Content providers.

You must not use the Website or any Content other than for its intended purpose. Except where we tell you otherwise in the Website, you may view, play, print, and download documents, audio, and video found on the Website for personal, informational, and non-commercial purposes only.

You must not modify any of the materials and you must not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or work contained on the Website.

Except as authorized under applicable copyright law, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Website. For purposes of these Terms of Use, the use of any such material on any other mobile application, website, or online service is prohibited.

You are responsible for complying with all laws which apply to you and your use of the Website. The Website, its Content, and all related rights shall remain the exclusive property of Spry or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark, or other proprietary notices from material found on the Website.

3.5 TRADEMARKS

All trademarks, service marks, and trade names of Spry used as part of or in connection with the Website (collectively "Marks") are trademarks or registered trademarks of the Spry Group, or its affiliates, partners, vendors, or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Spry Marks in any way, including in advertising or publicity pertaining to distribution of materials on the Website, without Spry’ prior written consent. The use of Spry Marks on any other mobile application, website, or online service is not allowed. Spry prohibits the use of Spry Marks as a "hot" link on or to any other mobile application, website, or online service unless establishment of such a link is approved in advance.

3.6 SOFTWARE

The Software is being provided to you by Spry pursuant to the following terms. Spry grants you a non-exclusive, non-transferable, limited license to use the Software only for the purpose of using the Website. Except as specifically provided in these Terms of Use, You may not, in whole or in part: (a) copy the Software, (b) distribute copies of the Software, in whole or in part, to any third party; (c) modify, adapt, translate, reverse engineer, make alterations, decompile, disassemble or make derivative works based on the Software, except as otherwise permitted by law; (d) use, rent, loan, sub-license, lease, distribute or attempt to grant other rights to the Software to third parties; or (e) use the Software to act as a service bureau or application service provider, or to permit access to the Software by any third party. Part of the Software may be provided by and/or owned by third parties.

You may not use any software, robot, crawler, spider, page scraper or any other automated means or device to (a) access, copy, affect or monitor any part of the Website or its content or circumvent the structure or presentation of the Website or any of its content or (b) to interfere with the operation of the Website or any transaction being made on the Website or interfere or affect any person's use of the Website or to help facilitate any third party to purchase any product on the Website.

You may not attempt to gain unauthorized access to any part or feature of the Website or any system connected to the Website by hacking, password mining or other illegitimate or unauthorized means.

Certain of the third-party materials supplied by Spry for use with the Software are governed by open-source software license agreements supplied with such third-party materials. Spry makes no claim of ownership of such open-source software, and such software is supplied solely in accordance with the license agreements accompanying such software. Accordingly, the restrictions above concerning scope of use, ownership, modification, and other provisions relating to the Software may not apply to such open-source software.

3.7 ACCURACY OF INFORMATION

We attempt to ensure that information on the Website is complete, accurate, and current. Despite our efforts this may not always be the case. Please note that we are not required to maintain or update any such information. You should not rely on any such information and any reliance on any such information is at your own risk.

3.8 MINORS

You must be 18 years of age or older to access or use the Website.

3.9 YOUR PROVISION OF INFORMATION

When you provide information about yourself to us or to other users of the Website, including when you create an Account, you agree to: (a) provide accurate and current information, and not to provide information that attempts to impersonate another individual; and (b) maintain and promptly update such information to keep it accurate and current. If you provide any information about yourself that is untrue or inaccurate, or we have reasonable grounds to suspect that such information is untrue or inaccurate, we retain the right to suspend or terminate any account you establish, decline to provide you with services on the Website, and/or refuse any or all current or future use of the Website or any portion thereof.

3.10 USER-PROVIDED CONTENT

You understand that all information, data, or other materials that you and other users of Website upload, post, transmit, publish, display, or otherwise make available through the Website, including information you share with or make available to other users of the Website ("User-Provided Content"), are the sole responsibility of you or the person from whom such User-Provided Content originated. This means that you, and not us, are responsible for all User-Provided Content that you upload, post, transmit, publish, display, or otherwise make available through the Website.

We do not control the User-Provided Content posted and, as such, do not guarantee the accuracy, integrity, or quality of any User-Provided Content. Furthermore, the User-Provided Content is for informational purposes only and is not intended to be a substitute for professional medical advice, diagnosis, or treatment. You understand that by using the Website, you may be exposed to User-Provided Content that is offensive, indecent, or objectionable.

We are not responsible for any User-Provided Content and will not be liable for any loss or damage caused by any User-Provided Content or your use of or reliance on it.

By uploading, posting, transmitting, publishing, displaying, or otherwise making available User-Provided Content through the Website, you agree that:

you are the owner of all rights in such User-Provided Content.
you have waived all "moral rights" that you may have in such User-Provided Content, including but not limited to the right to be identified as the author of such content;
you have the right to allow our use of such User-Provided Content under these Terms of Use.
all User-Provided Content that you post is accurate; does not violate these Terms of Use; will not result in a breach or violation of any terms of any contract or agreement to which you are currently bound or will become bound in the future; does not and will not violate any applicable law; and will not cause injury to any person or entity; and
you are at least 18 years old.

3.11 YOUR GRANT OF LICENSE TO Spry FOR USER-PROVIDED CONTENT

By uploading, posting, transmitting, publishing, displaying, or otherwise making available User-Provided Content, you grant us a worldwide, perpetual, non-exclusive royalty-free license (with the right to sub-license) to use, reproduce, display, perform, adapt, modify, publish, or distribute such User-Provided Content in whole or in part in any form, medium, or technology (now known or later developed) as part of or in connection with the Website.

We may modify or adapt User-Provided Content, including to transmit, display or distribute it over networks and to conform to the requirements of networks, services, or other media. We or others may, in our sole discretion, refer to your name or other identifier you provided when posting User-Provided Content. You promise that our publication and use of your User-Provided Content will not infringe the rights of any third party.

3.12 Spry’s DISCRETION TO USE USER-PROVIDED CONTENT

All User-Provided Content that you upload, post, transmit, publish, display, or otherwise make available through the Website may be used by Spry in accordance with our Privacy Policy. Spry reserves the right to change, condense, delete, or refuse to post any User-Provided Content on the Website in its sole discretion. Spry does not guarantee that you will be able to edit or delete any User-Provided Content you have made available in connection with the Website. We are not under any obligation to keep the User-Provided Content that you make available through the Website confidential.

3.13 YOUR CONDUCT

You agree to comply with all laws, rules, and regulations applicable to your access to and use of the Website. In addition, you agree not to:

upload, post, transmit, publish, display, or otherwise make available through the Website any User-Provided Content that is known by you to be false, inaccurate, misleading or impersonates another person.
upload, post, transmit, publish, display, or otherwise make available through the Website any User-Provided Content that violates any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising).
upload, post, transmit, publish, display, or otherwise make available through the Website any User-Provided Content that is, or may reasonably be considered to be, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable, or that harms minors in any way.
upload, post, transmit, publish, display, or otherwise make available through the Website any information that threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
upload, post, transmit, publish, display, or otherwise make available through the Website any information that is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity, or agency for financial gain or to cause any injury to any person
forge headers or otherwise manipulate identifiers to disguise the origin of any User-Provided Content transmitted through the Website.
upload, post, transmit, publish, display, or otherwise make available through the Website any User-Provided Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
upload, post, transmit, publish, display, or otherwise make available through the Website any User-Provided Content that infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any party.
upload, post, transmit, publish, display, or otherwise make available through the Website any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
upload, post, transmit, publish, display, or otherwise make available User-Provided Content provided by another user of the Website (or an image or picture depicting such User-Provided Content) on any other website, mobile application, or online service without that user’s prior permission.
upload, post, transmit, publish, display, or otherwise make available through the Website any material that contains software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
take any action that interferes with the proper working of the Website, compromises the security of the Website, or otherwise damages the Website or any materials or information available through the Website.
attempt to gain unauthorized access to any portion or feature of the Website, to any other systems or networks connected to the Website, to any of our or our service providers’ servers, or to any of the services offered on or through the Website, including but not limited to by hacking, password “mining”, or any other unauthorized means.
probe, scan, or test the vulnerability of the Website or any network connected to the Website or bypass the authentication measures on the Website, or any network connected to the Website;
in accordance with Section 3.6, use any automated means to collect information or Content from or otherwise access the Website, including, but not limited to, using technical tools known as robots, spiders, or scrapers, without our prior permission.
harvest or otherwise collect and store information about other users of the Website, including e-mail addresses.
install any software, file, or code that is not authorized by the user of a computer or device or that assumes control of all or any part of the processing performed by a computer or device without the authorization of the user of the computer or device; or
interfere with or disrupt the operation of the Website or server networks connected to the Website, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website.

3.14 LINKS TO WEBSITES AND ONLINE SERVICES OWNED OR CONTROLLED BY THIRD PARTIES AND THIRD-PARTY ATTRIBUTIONS

For your convenience, the Website may contain links to or at times redirect you to websites and/or online services owned or controlled by third parties. Also, at your request, the Website may connect to social networking websites that are not owned or controlled by us.

These websites and online services are not under our control, and you accept that we are not responsible or liable for the accuracy; collection, use, or disclosure of information; copyright compliance; legality; decency; or any other aspect of such websites and online services including their operation, or the content displayed on or through them. The inclusion of such a link on the Website does not imply our endorsement of any such website or online service, the content displayed on or through it, or any association with its operators, and you agree not to hold us responsible for any harm that may arise based on your access to or use of any linked website or online service.

3.15 REGISTRATION AND PASSWORDS

You may be permitted or required to register or obtain a login ID and password prior to being provided with access to certain pages in the Website. You acknowledge and agree that you are responsible for maintaining the confidentiality of your login ID and password, and for all uses of your login ID, password, and/or account, whether authorized by you or not. You agree to notify us immediately of any unauthorized use of your login ID, password, or account, or any other breach of security involving access to the Website through your account. You acknowledge that you may be held liable for any loss or harm incurred by us or any other person or entity due to someone else using your login ID, password, or account because of your failure to take reasonable steps to keep your account information secure and confidential.

3.16 OPERATION OF THE Website AND TERMINATION OF THIS AGREEMENT

We reserve the right to do any of the following, at any time, at our sole discretion, with or without notice: (i) modify, suspend, or terminate operation of or your access to the Website, or any portion of the Website, or the agreement between you and us under these Terms of Use, for any reason including but not limited to for your violation of these Terms of Use; (ii) modify or change the Website, or any portion of the Website; (iii) interrupt the regular operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance, to correct errors, or to make other changes to the Website.

On cancellation of the agreement under these Terms of Use for any reason:

all rights granted to you under these Terms of Use shall cease.
you must immediately cease all activities authorized by these Terms of Use including your use of the Website.
you must immediately delete or remove the Website from your device(s) and immediately destroy all copies, full or partial of the Website than in your possession, custody, or control and on request by us certify to us (or our nominee) that you have done so.

You may cancel this agreement at any time without notice and for any reason by uninstalling the App. Uninstallation methods vary depending on your device. To uninstall the App, please use the application manager provided with your device or consult your device manual for reference.

The sections entitled Your Grant of License to Spry for User Provided Content and Our Responsibility for Loss or Damage Suffered by You will continue to apply after this agreement under these Terms of Use ends.

3.17 ACCESS TO THE Website

Neither Spry, nor any of its respective affiliates guarantee that the functions contained in the Website will be uninterrupted or error-free or that defects will be corrected. We may suspend, withdraw, discontinue, or change all or any part of the Website without notice.

3.18 OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors or for fraud or fraudulent misrepresentation.

If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

The Website is for domestic and private use. If you use the Website for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

3.19 EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you later.

4. MISCELLANEOUS

4.1 HOW CAN YOU CONTACT US?

If you have any questions or comments about the Website or the Spry Terms and Conditions or in the unlikely event that you wish to make a complaint please don't hesitate to contact our Customer Service via the means provided in the Help section of the Website.

Alternatively, you may also write to us using the following address:

Spry Athletica Private Limited,

Registered Office: 12, Dinkar Villas, Opposite Ambedkar Garden, Shivajinagar, Miraj 416410, Maharashtra, India

4.2 PRIORITIES

In case of contradiction between Spry Terms and Conditions and any content contained in other parts of the Website or in links, Spry Terms and Conditions contained in this document prevail.

4.3 AMENDMENTS TO THE Spry TERMS AND CONDITIONS

We reserve the right to make changes to these Terms and Conditions at any time. The use of this Website as well as any purchase agreement executed between you and us, will be subject to the version of the Spry Terms and Conditions in force at the time you place the order through this Website or the day you browse this Website (as applicable). Please check the Spry Terms and Conditions periodically for changes.

4.4 DATA PROTECTION

Spry fully respects the privacy of individuals who access and use the Website. For details on the manner in which we use cookies, the type of information we collect, how and for what purpose, we use your information and under what circumstances we disclose information please see our Privacy Policy and Cookies Policy, which are incorporated into and form part of these Spry Terms and Conditions. By placing a purchase order, you agree and understand that we may collect, use, store and process your personal data in accordance with our Privacy Policy.

4.5 SEVERANCE

Each provision of the Spry Terms and Conditions shall be construed separately and independently of each other. If any provision is deemed invalid, void or otherwise unenforceable, that provision shall be deemed severable from and shall not affect the enforceability of any of the other provisions of these Spry Terms and Conditions.

4.6 SUB-CONTRACTING AND ASSIGNMENT

Spry reserves the right to sub-contract, transfer, assign or novate all or any of our rights and obligations under Spry terms and conditions provided that your rights under Spry terms and conditions are not affected. You may not sub-contract, assign or otherwise transfer any of your rights or obligations under the Spry terms and conditions without our consent in writing.

4.7 EVENTS BEYOND REASONABLE CONTROL

Spry will be not held responsible for any delay or failure to perform or comply with our obligations under the Spry terms and conditions when the delay or failure arises from any cause which is beyond Spry’ reasonable control.

4.8 APPLICABLE LAW AND JURISDICTION

The Spry Terms and Conditions shall be governed by the laws of India. Indian law applies to the sales contract, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). This does not affect the applicable mandatory rights under the law of your country of residence. You or Spry shall bring any dispute which may arise under these Terms and Conditions to the competent court of Delhi, India to settle any of such dispute.

Version May 2021

APPENDIX 1 TO THESE TERMS AND CONDITIONS

SAMPLE WITHDRAWAL FORM

To,

Spry Athletica Private Limited

Registered Office: 12, Dinkar Villas, Opposite Ambedkar Garden, Shivajinagar, Miraj 416410, Maharashtra, India

I/We* hereby give notice that I/We* withdraw from my/our* contract of sale of the following goods:

_____________________________________________________________________________

Ordered on*/received on*:

Name of consumer(s) and order number:

Address of consumer(s):

________________________________________________________

Payment Methods

- Credit / Debit Cards
- UPI