TERMS OF
SERVICE AGREEMENT
LAST REVISION: [01-01-12]
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 and its subsidiaries, astrovarahi.org
(the "Website"), Varahi Astrological Consultancy
("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. Varahi Astrological Consultancy 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. Varahi Astrological Consultancy 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. Varahi Astrological Consultancy 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 Varahi Astrological Consultancy 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 services/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 Varahi
Astrological Consultancy 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 Varahi Astrological Consultancy and its designated in
house or third party call team(s).
Opt Out Procedure:
*You may opt out, via sending
your email address to: [email protected].
Proprietary Rights. Varahi Astrological Consultancy has proprietary rights
and trade secrets in the Products. You may not copy, reproduce, resell or
redistribute any Product manufactured and/or distributed by Varahi
Astrological Consultancy. Varahi
Astrological Consultancy 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. Varahi Astrological Consultancy does
not always create the information offered on this Website; instead the
information is often gathered from other sources. To the extent that Varahi Astrological Consultancy 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. Varahi
Astrological Consultancy does not endorse the contents on any such
third-party websites. Varahi Astrological Consultancy
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; Varahi
Astrological Consultancy 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 Varahi Astrological Consultancy 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 Varahi Astrological Consultancy 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. Varahi
Astrological Consultancy 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.
Varahi Astrological Consultancy is not liable for any
damage or harm resulting from any posts by or interactions between users. Varahi Astrological Consultancy reserves the right, but has
no obligation, to monitor interactions between and among users of the Website
and to remove any content Varahi Astrological Consultancy 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. Varahi
Astrological Consultancy 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, Varahi Astrological Consultancy 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
Varahi
Astrological Consultancy 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.
Varahi Astrological Consultancy 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 Varahi Astrological Consultancy, 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 Varahi Astrological Consultancy . When Varahi
Astrological Consultancy is threatened with suit or sued by a third party, Varahi Astrological Consultancy may seek written assurances
from you concerning your promise to indemnify Varahi Astrological Consultancy
;
your failure to provide such assurances may be considered by Varahi Astrological Consultancy to be a material breach of
this Agreement. Varahi
Astrological Consultancy 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 Varahi
Astrological Consultancy choice at its expense. Varahi
Astrological Consultancy 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 Varahi Astrological
Consultancy against any claim, but you must receive Varahi
Astrological Consultancy 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
Varahi
Astrological Consultancy believes strongly in protecting user privacy and
providing you with notice of use of data. Please refer to Varahi
Astrological Consultancy 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.You
are also agreed to share your private data (whenever required) to our vendor for
sending sms/otp , initiating money transfers , shipping etc.
VIII.
GENERAL
Force Majeure. Varahi
Astrological Consultancy 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. Varahi Astrological Consultancy 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 Varahi
Astrological Consultancy and supersedes any prior agreements pertaining
to the subject matter contained herein.
Effect of Waiver. The failure of Varahi Astrological Consultancy 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 Trivandrum, Kerala.
This Agreement will be governed by the laws of the State of Kerala without
regard to its conflict of law principles to the contrary. Neither you nor Varahi Astrological Consultancy 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 Kerala.
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. Varahi
Astrological Consultancy 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 Varahi Astrological Consultancy 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, Varahi Astrological
Consultancy 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 Varahi
Astrological Consultancy chooses, in its sole discretion and without
advance to you, to terminate it.
Domestic Use. Varahi Astrological Consultancy 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. Varahi Astrological
Consultancy 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 OR ORDERING SERVICES FROM THIS WEBSITE
YOU AGREE
TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.