Terms of Service

Overview

• The website is owned and managed in the name of “Full Throttle Always”, (hereinafter referred to as the ‘Company’).
• Any individual using the website platform is bound by the terms inclusive of obligations and liability mentioned herein or those which arise by way of an act or a court order. Such an individual is referred to as a ‘Customer’ or a ‘User’ or a ‘Participant.
• Any individual who makes an order under the website’s merchandise section, is hereinafter referred to as the ‘Customer’. On the other hand, any individual who participates in the ongoing fitness competition on the virtual platform of the website, is regarded as a ‘Participant’ and/or ‘User’.
• The Company and the Customer or User or Participant are collectively known as ‘Parties’ and individually referred to as ‘Party’.

Services

• The Company persists to provide for an array of services catering in the field of fitness, health expertise and merchandise for leisure wear and/or gym training.
• The Company operates by way of a website URL which is wholly recognized as a free web portal having the opportunity for linking it to their social media profiles.
• The User is aware that the platform possesses multiple dimensions inclusive of but not limited to community building, social interactions, online merchandise shopping, NFT build-up and virtual hot body competition.
• The Company aims to create an influencers’ platform wherein a fitness enthusiast can build their own Aggregate, interact with similar individuals, build a network, build a profile purporting to sell or endorse in varied brands subsequent to procuring recognition and any other alike aspect which is amended as and when over the due course of time.
• Any individual who acts as a User in accordance with the said Agreement and participates in the ‘Hot Body Competition’, can create a network of its own, manage to procure a minimum of 100,000 authentic, authorized and genuine votes. Once such an individual is able to reach the defined level, their profile is regarded under the ‘Gone Viral’ category further becoming eligible for the sale of such profile images in the form of Non-Fungible Tokens.

Term

• The term of contract of service persists for an indefinite time period wherein the services undertaken are of the nature relating to community building, social media interaction and/or virtual ‘Hot Body Competition’.
• The term of contract in instances of purchase of any merchandise by a Customer begins on the day of making the purchase and concludes upon successful delivery.
• However, in no circumstances of a legal or an authoritative requirement will the above two clauses prevail if such formal direction requires for the Company to act in contrary.

Delivery and Returns

• All the orders placed on the website are shipped from United States (Place of business/ warehouse).
• For procuring details regarding your shipment delivery and status, you need to purchase ‘Tracking’ while placing the order.
• The Company holds no liability in any shipment delay for any reason whatsoever.
• In scenarios wherein the order fails to be delivered for more than 30 business days, the Sender may request the Company for reshipping or refund. Moreover, in case of reship request, there is no guarantee that the Receiver will receive a single parcel rather he/she might receive both same orders.

Cancellation

• Any cancellation request shall be made within 5 days of placing the order.
• The Company does not guarantee the grant of cancellation in respect of the said order placed and/or in issue.

Refund

• The Company does not permit refunds for any order placed by the Customer on the website.
• The Company may approve of refunds in specific circumstances depending upon the request made through (helpdesk email ID)

Dispute Resolution

Any dispute, controversy or claim arising out of the services rendered by the Company or by any breach or termination thereof shall be settled by way of arbitration in accordance with the laws of dispute resolution prevailing in the States.

Warranty

The Company warrants that in case of any defective or damaged delivery as pertaining to the services so purchased by the Customer, the Company thereby guarantees that to repair, fix or replace the damaged service or re-perform the said defective service(s).

Intellectual Property Law

Any intellectual property rights pertaining to this Agreement in any form, either trademark, copyright, design or patent or any relevant shall be construed with the entitlements and interests of the same vesting with the User/ Participant of the Non-fungible Token Art pieces. However, the User also comes in line with granting the Company an exclusive user license for showcasing the artwork and other marketing and/or promotional patterns of work.

Force Majeure

• The Company shall not be held accountable for any default/delay on part of their services in fulfillment of the Customers order or reaching the ‘Gone Viral’ or any other topmost category, by reason of a circumstance beyond their reasonable control. Such circumstances are inclusive of but not limited to any act of nature like earthquakes, disaster, pandemic, riots, labor disputes, government regulations.
• The Company shall also not be held liable upon happening or non-happening of any or all of the following events, namely:
  1. Any hacking, or an act of God (failed mint) from NFT;
  2. Any actions related to the performance of Ethereum Blockchain, Conversion of Fiat into Ethereum during sale of NFT Minting Performance, marketing of artwork or costs;
  3. On the event of any sort of computer hacking, i.e. an event wherein the artwork has been stolen from the User’s account after minting, or for any failed transaction as a result of sales;

Acknowledgment and General Matters

• It is hereby acknowledged by the Customer that the Services are not fault free and it may be hindered by conditions or circumstances beyond the Company’s control.
• The parties acknowledge and agree that the Contract shall not establish or constitute any relationship of partnership, joint venture, franchise or agency between the parties.
• If any term is held invalid, illegal or unenforceable for any reason whatsoever by any court of competent jurisdiction, such provision shall be severed and the remainder of the provisions shall continue to remain in full force.
• It is thereby requested to seek clarifications for any doubts and/or questions regarding the above-mentioned services before finalizing your order.