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Terms & Conditions
This Terms of Service Agreement (the "Agreement") governs your use of this website, www.securitykart.co.in (the "Website"), SecurityKart ("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. SecurityKart 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. SecurityKart 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. SecurityKart 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 SecurityKart 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 (the "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 [SecurityKart] 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 SecurityKart 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@securitykart.co.in.
3. You may send a written remove request to Office No.9, Shreepal Industrial Estate, Pawan Baugh Road, Chincholi Phatak, Malad(W),Mumbai-4600064, India.
Proprietary Rights. SecurityKart has proprietary rights and trade secrets in the Products. You may not co py, reproduce, resell or redistribute any Product manufactured and/or distributed by SecurityKart. Secur ityKart also has rights to all trademarks and trade dress and specific layouts of this webpage, including ca lls 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 a lso offers information and marketing materials. This Website also offers information, both directly and t hrough indirect links to thirdparty websites, about nutritional and dietary supplements. SecurityKart does not always create the infor mation offered on this Website; instead the information is often gathered from other sources. To the ex tent that SecurityKart 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 m ay violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on thi s Website is for personal, noncommercial use. Any links to thirdparty websites are provided solely as a convenience to you. SecurityKart does not endorse the contents on any such thirdparty websites. SecurityKart is not responsible for the content of or any damage that may result from yo ur access to or reliance on these third-party websites. If you link to thirdparty websites, you do so at your own risk. Use of Website; SecurityKart is not responsible for any damages resulting from use of this website by an yone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, na tional, and international laws and regulations in your use of the Website (including laws regarding intelle ctual 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", chai n letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, o r disrupt other users of the Website License. By using this Website, you are granted a limited, non-exclusive, nontransferable right to use the content and materials on the Website in connection with your normal, nonc ommercial, 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 SecurityKart or the ap plicable third party (if third party content is at issue).
Posting. By posting, storing, or transmitting any content on the Website, you hereby grant SecurityKart a perpetual, worldwide, non-exclusive, royaltyfree, 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. SecurityKart does not have the ability to control the nature of the usergenerated content offered through the Website. You are solely responsible for your interactions with ot her users of the Website and any content you post. SecurityKart is not liable for any damage or harm res ulting from any posts by or interactions between users. SecurityKart reserves the right, but has no obliga tion, to monitor interactions between and among users of the Website and to remove any content Secur ityKart deems objectionable, in MuscleUP Nutrition 's sole discretion.
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. SecurityKart EXPRESSLY DISCLAIMS ALL WARR ANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WAR RANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT 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, SecurityKart MAKES NO WARRANTY: THAT THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
THAT THE LINKS TO THIRDPARTY 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 W ILL 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 PR ODUCTS 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 ABO VE EXCLUSIONS MAY NOT APPLY TO YOU.
IV. LIMITATION OF LIABILITY
SECURITYKART ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHWERWISE, W ITH RESPECT TO THE WEBSITE CONTENT AND PRODUCTS AND/OR FOR ANY BREACH OF THIS AGREEMEN Office No.9, Shreepal Industrial Estate, Pawan Baugh Road, Chincholi Phatak, Malad(W),Mumbai-400064, India T IS SOLELY LIMITED TO THE AMOUNT YOU PAID, LESS SHIPPING AND HANDLING, FOR PRODUCTS PURC HASED VIA THE WEBSITE.
SecurityKart 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 LI ABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE WEBSITE CONTENT OR PRODUCT S; (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 YO U 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 SecurityKart, and any of its contractors, agents, e mployees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, cos ts 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 A greement; (2) the Website content or your use of the Website content; (3) the Products or your use of t he Products (including Trial Products); (4) any intellectual property or other proprietary right of any pers on or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you sup plied to SecurityKart. When SecurityKart is threatened with suit or sued by a third party, SecurityKart ma y seek written assurances from you concerning your promise to indemnify SecurityKart; your failure to p rovide such assurances may be considered by SecurityKart to be a material breach of this Agreement. Se curityKart will have the right to participate in any defense by you of a thirdparty claim related to your use of any of the Website content or Products, with counsel of SecurityKart c hoice at its expense. SecurityKart will reasonably cooperate in any defense by you of a thirdparty claim at your request and expense. You will have sole responsibility to defend SecurityKart against any claim, but you must receive SecurityKart 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 SecurityKart believes strongly in protecting user privacy and providing you with notice of MuscleUP Nutr ition 's use of data. Please refer to SecurityKart privacy policy, incorporated by reference herein, that is p osted on the Website.
VI. AGREEMENT TO BE BOUND Office No.9, Shreepal Industrial Estate, Pawan Baugh Road, Chincholi Phatak, Malad(W),Mumbai-400064, India 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. SecurityKart will not be deemed in default hereunder or held responsible for any cessati on, 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. SecurityKart may at any time, in its sole discretion and without advance notice t o you, cease operation of the Website and distribution of the Products.
Entire Agreement. This Agreement comprises the entire agreement between you and SecurityKart and s upersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver. The failure of SecurityKart to exercise or enforce any right or provision of this Agreeme nt 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 endea vor 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; Mumbai. This Website originates from the Mumbai,Maharastra. This Agreement will be governed by the laws of the State of Maharastra without regard to its conflict of law principles to the co ntrary. Neither you nor SecurityKart will commence or prosecute any suit, proceeding or claim to enforc e the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or ot herwise arising under or by reason of this Agreement, other than in courts located in State of SecurityKart. By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts i n connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. Yo u 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 with in 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 O R SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH T HIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
Termination. SecurityKart reserves the right to terminate your access to the Website if it reasonably beli eves, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. F ollowing termination, you will not be permitted to use the Website and SecurityKart may, in its sole discr Office No.9, Shreepal Industrial Estate, Pawan Baugh Road, Chincholi Phatak, Malad(W),Mumbai-400064, India etion and without advance notice to you, cancel any outstanding orders for Products. If your access to th e Website is terminated, SecurityKart 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 SecurityKart.
LAST REVISION: [20-09-2016]