TERMS OF
SERVICE AGREEMENT
LAST REVISION: 01-Jun-2017
PLEASE READ THIS TERMS OF SERVICE
AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS
WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS
AGREEMENT.
This Terms of Service
Agreement (the "Agreement") governs your use of this website, Seller.gallideals.com
(the "Website"), VEEKSHITHA E-RETAIL PRIVATE LIMITED ("Business
Name") offer of products for purchase on this Website, or your purchase of
products available on this Website. This Agreement includes, and incorporates
by this reference, the policies and guidelines referenced below. VEEKSHITHA
E-RETAIL PRIVATE LIMITED reserves the right to change or revise the terms and
conditions of this Agreement at any time by posting any changes or a revised
Agreement on this Website. VEEKSHITHA E-RETAIL PRIVATE LIMITED will alert you
that changes or revisions have been made by indicating on the top of this
Agreement the date it was last revised. The changed or revised Agreement will
be effective immediately after it is posted on this Website. Your use of the
Website following the posting any such changes or of a revised Agreement will
constitute your acceptance of any such changes or revisions. VEEKSHITHA E-RETAIL PRIVATE
LIMITED encourages you to review this Agreement whenever you visit the
Website to make sure that you understand the terms and conditions governing use
of the Website. This Agreement does not alter in any way the terms or
conditions of any other written agreement you may have with VEEKSHITHA E-RETAIL PRIVATE
LIMITED for other products or services. If you do not agree to this
Agreement (including any referenced policies or guidelines), please immediately
terminate your use of the Website. If you would like to print this Agreement,
please click the print button on your browser toolbar.
I.
PRODUCTS or SERVICES
Terms of Offer. This Website offers
for Subscription of certain Services (the "Services"). By placing an
order for Services through this Website, you agree to the terms set forth in
this Agreement.
Customer
Solicitation: Unless you notify our
third party call center reps or direct VEEKSHITHA
E-RETAIL PRIVATE LIMITED sales reps, while they are calling you, of your
desire to opt out from further direct company communications and solicitations,
you are agreeing to continue to receive further emails and call solicitations VEEKSHITHA E-RETAIL PRIVATE LIMITED and its
designated in house or third party call team(s).
Opt Out Procedure: We provide 3 easy
ways to opt out of from future solicitations. 1. You may use the opt out link
found in any email solicitation that you may receive. 2. You may also choose to
opt out, via sending your email address to: [email protected].
3. You may send a written remove
request to
VEEKSHITHA
E-RETAIL PRIVATE LIMITED
#2,
1ST CROSS, DODDA MUTHAPPA GARDEN,
THAVEREKERE
MAIN ROAD,
BANGALORE
- 560029,
KARNATAKA,
INDIA
Phone:
+91 7822080060
Time:
Mon - Sat (9:00 AM - 6:00PM)
Proprietary Rights. VEEKSHITHA E-RETAIL PRIVATE LIMITED has
proprietary rights and trade secrets in the Products. You may not copy,
reproduce, resell or redistribute any Product manufactured and/or distributed
by VEEKSHITHA E-RETAIL PRIVATE LIMITED. VEEKSHITHA E-RETAIL PRIVATE LIMITED also has
rights to all trademarks and trade dress and specific layouts of this webpage,
including calls to action, text placement, images and other information.
Sales Tax. If you
purchase any Products, you will be responsible for paying any applicable sales
tax.
II. WEBSITE
Content; Intellectual
Property; Third Party Links. In addition to making Products available, this
Website also offers information and marketing materials. This Website also
offers information, both directly and through indirect links to third-party
websites, about nutritional and dietary supplements. VEEKSHITHA E-RETAIL PRIVATE LIMITED does
not always create the information offered on this Website; instead the
information is often gathered from other sources. To the extent that VEEKSHITHA
E-RETAIL PRIVATE LIMITED does create the content on this Website, such content
is protected by intellectual property laws of the India, foreign nations, and
international bodies. Unauthorized use of the material may violate copyright,
trademark, and/or other laws. You acknowledge that your use of the content on
this Website is for personal, noncommercial use. Any links to third-party
websites are provided solely as a convenience to you. VEEKSHITHA E-RETAIL PRIVATE LIMITED does
not endorse the contents on any such third-party websites. VEEKSHITHA E-RETAIL
PRIVATE LIMITED is not responsible for
the content of or any damage that may result from your access to or reliance on
these third-party websites. If you link to third-party websites, you do so at
your own risk.
Use of Website; VEEKSHITHA E-RETAIL
PRIVATE LIMITED is not responsible for any
damages resulting from use of this website by anyone. You will not use the
Website for illegal purposes. You will (1) abide by all applicable local,
state, national, and international laws and regulations in your use of the
Website (including laws regarding intellectual property), (2) not interfere
with or disrupt the use and enjoyment of the Website by other users, (3) not
resell material on the Website, (4) not engage, directly or indirectly, in
transmission of "spam", chain letters, junk mail or any other type of
unsolicited communication, and (5) not defame, harass, abuse, or disrupt other
users of the Website
License. By using this Website, you
are granted a limited, non-exclusive, non-transferable right to use the content
and materials on the Website in connection with your normal, noncommercial, use
of the Website. You may not copy, reproduce, transmit, distribute, or create
derivative works of such content or information without express written
authorization from VEEKSHITHA E-RETAIL PRIVATE
LIMITED or the applicable third party (if third party content is at
issue).
Posting. By posting,
storing, or transmitting any content on the Website, you hereby grant VEEKSHITHA
E-RETAIL PRIVATE LIMITED a perpetual, worldwide, non-exclusive, royalty-free,
assignable, right and license to use, copy, display, perform, create derivative
works from, distribute, have distributed, transmit and assign such content in
any form, in all media now known or hereinafter created, anywhere in the world.
VEEKSHITHA E-RETAIL PRIVATE LIMITED does not have the ability to control the
nature of the user-generated content offered through the Website. You are
solely responsible for your interactions with other users of the Website and
any content you post. VEEKSHITHA E-RETAIL PRIVATE LIMITED is not liable for any
damage or harm resulting from any posts by or interactions between users. VEEKSHITHA
E-RETAIL PRIVATE LIMITED reserves the right, but has no obligation, to monitor
interactions between and among users of the Website and to remove any content VEEKSHITHA E-RETAIL PRIVATE
LIMITED deems objectionable, in
MuscleUP Nutrition 's sole discretion.
III.
DISCLAIMER OF WARRANTIES
YOUR USE OF THIS WEBSITE AND/OR SERVICES
ARE AT YOUR SOLE RISK. THE WEBSITE AND SERVICES ARE OFFERED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. VEEKSHITHA
E-RETAIL PRIVATE LIMITED EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH
RESPECT TO THE PRODUCTS OR WEBSITE CONTENT, OR ANY RELIANCE UPON OR USE OF THE
WEBSITE CONTENT OR SERVICES. ("SERVICES" INCLUDE TRIAL PRODUCTS.)
WITHOUT LIMITING THE GENERALITY OF THE
FOREGOING, VEEKSHITHA E-RETAIL PRIVATE LIMITED MAKES NO WARRANTY:
THAT THE INFORMATION PROVIDED ON THIS
WEBSITE IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
THAT THE LINKS TO THIRD-PARTY WEBSITES
ARE TO INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
NO ADVICE OR INFORMATION, WHETHER ORAL
OR WRITTEN, OBTAINED BY YOU FROM THIS WEBSITE WILL CREATE ANY WARRANTY NOT
EXPRESSLY STATED HEREIN.
AS TO THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE PRODUCTS OR THAT DEFECTS IN PRODUCTS WILL BE CORRECTED.
REGARDING ANY PRODUCTS PURCHASED OR
OBTAINED THROUGH THE WEBSITE.
SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS
MAY NOT APPLY TO YOU.
IV.
LIMITATION OF LIABILITY
VEEKSHITHA
E-RETAIL PRIVATE LIMITED ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY,
IN LAW, IN EQUITY, OR OTHWERWISE, WITH RESPECT TO THE WEBSITE CONTENT AND
PRODUCTS AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE
AMOUNT YOU PAID, LESS SHIPPING AND HANDLING, FOR PRODUCTS PURCHASED VIA THE
WEBSITE.
VEEKSHITHA E-RETAIL PRIVATE LIMITED
WILL
NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS IN ANY MANNER,
INCLUDING LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE
WEBSITE CONTENT OR PRODUCTS; (2) THE COST OF PROCURING SUBSTITUTE PRODUCTS OR
CONTENT; (3) ANY PRODUCTS PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH
THE WEBSITE; OR (4) ANY LOST PROFITS YOU ALLEGE.
SOME JURISDICTIONS DO
NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
V. INDEMNIFICATION
You will release,
indemnify, defend and hold harmless VEEKSHITHA E-RETAIL PRIVATE LIMITED, and any of its contractors,
agents, employees, officers, directors, shareholders, affiliates and assigns
from all liabilities, claims, damages, costs and expenses, including reasonable
attorneys' fees and expenses, of third parties relating to or arising out of
(1) this Agreement or the breach of your warranties, representations and
obligations under this Agreement; (2) the Website content or your use of the
Website content; (3) the Products or your use of the Products (including Trial
Products); (4) any intellectual property or other proprietary right of any
person or entity; (5) your violation of any provision of this Agreement; or (6)
any information or data you supplied to VEEKSHITHA E-RETAIL PRIVATE LIMITED. When VEEKSHITHA
E-RETAIL PRIVATE LIMITED is threatened with suit or sued by a third party, VEEKSHITHA
E-RETAIL PRIVATE LIMITED may seek written assurances from you concerning your
promise to indemnify VEEKSHITHA
E-RETAIL PRIVATE LIMITED; your failure to provide such assurances may be
considered by VEEKSHITHA E-RETAIL PRIVATE LIMITED to be a material breach of
this Agreement. VEEKSHITHA
E-RETAIL PRIVATE LIMITED will have the right to participate in any
defense by you of a third-party claim related to your use of any of the Website
content or Products, with counsel of VEEKSHITHA E-RETAIL PRIVATE LIMITED choice
at its expense. VEEKSHITHA E-RETAIL PRIVATE LIMITED will reasonably cooperate
in any defense by you of a third-party claim at your request and expense. You
will have sole responsibility to defend VEEKSHITHA E-RETAIL PRIVATE LIMITED against
any claim, but you must receive VEEKSHITHA E-RETAIL PRIVATE LIMITED prior
written consent regarding any related settlement. The terms of this provision
will survive any termination or cancellation of this Agreement or your use of
the Website or Products.
VI.
PRIVACY
VEEKSHITHA E-RETAIL
PRIVATE LIMITED believes strongly in protecting user privacy and providing you
with notice of MuscleUP Nutrition 's use of data. Please refer to VEEKSHITHA
E-RETAIL PRIVATE LIMITED privacy policy, incorporated by reference herein, that
is posted on the Website.
VI.
AGREEMENT TO BE BOUND
By using this Website
or ordering Products, you acknowledge that you have read and agree to be bound
by this Agreement and all terms and conditions on this Website.
VIII.
GENERAL
Force Majeure. VEEKSHITHA
E-RETAIL PRIVATE LIMITED will not be deemed in default hereunder
or held responsible for any cessation, interruption or delay in the performance
of its obligations hereunder due to earthquake, flood, fire, storm, natural
disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or
boycott.
Cessation of Operation. VEEKSHITHA E-RETAIL PRIVATE LIMITED may at any
time, in its sole discretion and without advance notice to you, cease operation
of the Website and distribution of the Products.
Entire Agreement. This Agreement
comprises the entire agreement between you and VEEKSHITHA
E-RETAIL PRIVATE LIMITED and supersedes any prior agreements pertaining
to the subject matter contained herein.
Effect of Waiver. The failure of VEEKSHITHA E-RETAIL PRIVATE LIMITED to exercise
or enforce any right or provision of this Agreement will not constitute a
waiver of such right or provision. If any provision of this Agreement is found
by a court of competent jurisdiction to be invalid, the parties nevertheless
agree that the court should endeavor to give effect to the parties' intentions
as reflected in the provision, and the other provisions of this Agreement
remain in full force and effect.
Governing Law; JURISDICTION OF BANGALORE. This Website
originates from the Bangalore, Karnataka. This Agreement will be governed by
the laws of the State of Karnataka without regard to its conflict of law
principles to the contrary. Neither you nor VEEKSHITHA
E-RETAIL PRIVATE LIMITED will commence or prosecute any suit, proceeding
or claim to enforce the provisions of this Agreement, to recover damages for
breach of or default of this Agreement, or otherwise arising under or by reason
of this Agreement, other than in courts located in State of Karnataka. By using
this Website or ordering Products, you consent to the jurisdiction and venue of
such courts in connection with any action, suit, proceeding or claim arising
under or by reason of this Agreement. You hereby waive any right to trial by
jury arising out of this Agreement and any related documents.
Statute of Limitation. You agree that
regardless of any statute or law to the contrary, any claim or cause of action
arising out of or related to use of the Website or Products or this Agreement
must be filed within one (1) year after such claim or cause of action arose or
be forever barred.
Waiver of Class Action Rights. BY
ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY
HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR
SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR
CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
Termination. VEEKSHITHA
E-RETAIL PRIVATE LIMITED reserves the right to terminate your
access to the Website if it reasonably believes, in its sole discretion, that
you have breached any of the terms and conditions of this Agreement. Following
termination, you will not be permitted to use the Website and VEEKSHITHA E-RETAIL PRIVATE LIMITED may, in its
sole discretion and without advance notice to you, cancel any outstanding
orders for Products. If your access to the Website is terminated, VEEKSHITHA E-RETAIL PRIVATE LIMITED reserves the
right to exercise whatever means it deems necessary to prevent unauthorized
access of the Website. This Agreement will survive indefinitely unless and
until VEEKSHITHA E-RETAIL PRIVATE LIMITED chooses,
in its sole discretion and without advance to you, to terminate it.
Domestic Use. VEEKSHITHA
E-RETAIL PRIVATE LIMITED makes no representation that the Website or Products
are appropriate or available for use in locations outside India. Users who
access the Website from outside India do so at their own risk and initiative
and must bear all responsibility for compliance with any applicable local laws.
Assignment. You may not assign your rights and
obligations under this Agreement to anyone. VEEKSHITHA E-RETAIL PRIVATE LIMITED may assign
its rights and obligations under this Agreement in its sole discretion and
without advance notice to you.
BY
USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE
TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
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