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Terms of use
TERMS
OF SERVICE AGREEMENT
LAST REVISION: 01/05/2020
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, www.laptronindia.com
(the “Website”), Laptron Technology Pvt. Ltd (“www.laptronindia.com
“) 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. Laptronindia.com
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. www.laptronindia.com 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. Laptronindia.com 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 Laptronindia.com 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 Laptronindia.com 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 Laptronindia.com
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: support@laptronindia.com
3. You may send a
written remove request to 302-303,
Bhandari House 91, Nehru Place, New Delhi- 110019,
Proprietary Rights. Laptronindia.com has proprietary rights and
trade secrets in the Products. You may not copy, reproduce, resell or
redistribute any Product manufactured and/or distributed by Laptron Technology Pvt. Ltd. / Laptronindia.com 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. Laptronindia.com does not always
create the information offered on this Website; instead the information is
often gathered from other sources. To the extent that Laptronindia.com 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. Laptronindia.com does not endorse the contents
on any such third-party websites. Laptronindia.com 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; Laptronindia.com
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 Laptronindia.com
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 Laptronindia.com
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. Laptronindia.com
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. Laptronindia.com is
not liable for any damage or harm resulting from any posts by or interactions
between users. Laptronindia.com reserves the right, but has no obligation, to
monitor interactions between and among users of the Website and to remove any
content Laptronindia.com deems objectionable, in Muscle UP 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. Laptronindia.com 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, Laptronindia.com
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
Laptronindia.com 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.
Laptronindia.com 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 Laptronindia.com, 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 Laptronindia.com
When Laptronindia.com is threatened with suit or sued by a third party, Laptronindia.com
may seek written assurances from you concerning your promise to indemnify Laptronindia.com;
your failure to provide such assurances may be considered by Laptronindia.com to
be a material breach of this Agreement. Laptronindia.com 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 Laptronindia.com choice
at its expense. Laptronindia.com 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 Laptronindia.com against any claim, but you must
receive Laptronindia.com 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
Laptronindia.com believes
strongly in protecting user privacy and providing you with notice of MuscleUP Nutrition’s
use of data. Please refer to Laptronindia.com 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. Laptronindia.com 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.
Laptronindia.com 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 Laptronindia.com and supersedes any prior
agreements pertaining to the subject matter contained herein.
Effect of Waiver. The
failure of Laptronindia.com 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 Delhi. This Agreement will be
governed by the laws of the State of Delhi, India without regard to its
conflict of law principles to the contrary. Neither you nor Laptronindia.com 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 Delhi. 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. Laptronindia.com 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 Laptronindia.com 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, Laptronindia.com
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 Laptronindia.com chooses,
in its sole discretion and without advance to you, to terminate it.
Domestic Use. Laptronindia.com
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. Laptronindia.com 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.