TERMS OF SERVICE AGREEMENT
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, sitgre.com, AVSG Solutions (OPC) Pvt. Ltd. offer
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. AVSG Solutions (OPC) Pvt. Ltd. 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. AVSG Solutions (OPC) Pvt. Ltd 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. AVSG Solutions (OPC) Pvt. Ltd
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 AVSG
Solutions (OPC) Pvt. Ltd 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
Terms of Offer. This Website offers for sale certain products.
By placing an order for Products 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 AVSG Solutions (OPC) Pvt.
Ltd sales representatives, 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 AVSG Solutions (OPC) Pvt. Ltd 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:info@sitgre.com.
3. You may send a written remove request to AVSG Solutions (OPC)
Pvt. Ltd, shop no 10, Tulip, Lifestyle Township, Wadi, Nagpur-440023.
Proprietary Rights. AVSG
Solutions (OPC) Pvt. Ltd has proprietary rights and trade secrets in the
Products. You may not copy, reproduce, resell or redistribute any Product
manufactured and/or distributed by AVSG
Solutions (OPC) Pvt. Ltd. AVSG
Solutions (OPC) Pvt. Ltd 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.
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. AVSG Solutions (OPC)
Pvt. Ltd does not always create the information offered on this Website;
instead the information is often gathered from other sources. To the extent
that AVSG Solutions (OPC) Pvt. Ltd
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. AVSG Solutions (OPC) Pvt. Ltd does not endorse the contents on any
such third-party websites. AVSG Solutions
(OPC) Pvt. Ltd 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; AVSG
Solutions (OPC) Pvt. Ltd
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 AVSG Solutions (OPC) Pvt. Ltd 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 AVSG
Solutions (OPC) Pvt. Ltd 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. AVSG
Solutions (OPC) Pvt. Ltd 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. AVSG Solutions
(OPC) Pvt. Ltd is not liable for any damage or harm resulting from any
posts by or interactions between users.
III. DISCLAIMER OF WARRANTIES
YOUR USE OF THIS WEBSITE AND/OR PRODUCTS ARE AT YOUR SOLE RISK.
THE WEBSITE AND PRODUCTS ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE”
BASIS. AVSG SOLUTIONS (OPC) PVT.
LTD 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 PRODUCTS. (“PRODUCTS” INCLUDE TRIAL PRODUCTS.)
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AVSG SOLUTIONS (OPC) PVT. LTD 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
AVSG SOLUTIONS (OPC)
PVT. LTD 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.
AVSG SOLUTIONS (OPC)
PVT. LTD 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 AVSG Solutions (OPC) Pvt. Ltd, 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 AVSG Solutions (OPC) Pvt. Ltd.
When AVSG Solutions (OPC) Pvt. Ltd
is threatened with suit or sued by a third party, AVSG Solutions (OPC) Pvt. Ltd may seek written assurances from you
concerning your promise to indemnify AVSG
Solutions (OPC) Pvt. Ltd; your failure to provide such assurances may be
considered by AVSG Solutions (OPC)
Pvt. Ltd to be a material breach of this Agreement. AVSG Solutions (OPC) Pvt. Ltd 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 AVSG Solutions (OPC) Pvt. Ltd choice at
its expense. AVSG Solutions (OPC)
Pvt. Ltd 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 AVSG Solutions (OPC) Pvt.
Ltd against any claim, but you must receive AVSG Solutions (OPC) Pvt. Ltd 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
AVSG Solutions (OPC)
Pvt. Ltd believes strongly in protecting
user privacy and providing you with notice of Muscle UP Nutrition ‘s use of
data. Please refer to AVSG
Solutions (OPC) Pvt. Ltd 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. AVSG
Solutions (OPC) Pvt. Ltd 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. AVSG Solutions (OPC) Pvt. Ltd 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 AVSG Solutions
(OPC) Pvt. Ltd and supersedes any prior agreements pertaining to the
subject matter contained herein.
Effect of Waiver. The failure of AVSG Solutions (OPC) Pvt. Ltd 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. This Website originates from the [Nagpur,
Maharashtra]. This Agreement will be governed by the laws of the State of [Maharashtra]
without regard to its conflict of law principles to the contrary. Neither you
nor AVSG Solutions (OPC) Pvt. Ltd
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 [Maharashtra]. 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. AVSG
Solutions (OPC) Pvt. Ltd 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 AVSG Solutions (OPC) Pvt. Ltd 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, AVSG Solutions (OPC) Pvt. Ltd 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 AVSG Solutions (OPC) Pvt. Ltd
chooses, in its sole discretion and without advance to you, to terminate it.
Domestic Use. AVSG
Solutions (OPC) Pvt. Ltd 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. AVSG Solutions (OPC)
Pvt. Ltd 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.