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.giftopedia.store ("Giftopedia Pvt. Ltd.") 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. Giftopedia 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. Giftopedia 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. Giftopedia 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 Giftopedia
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.
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
Giftopedia Pvt. Ltd. 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 Giftopedia 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:email@example.com.
3. You may send a written remove request to [99, Omkar Bungalows,
Chhaprapbhatha Road, Amroli, Surat – 394107
Proprietary Rights. Giftopedia 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 Giftopedia Pvt. Ltd.. Giftopedia 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.
Sales Tax. If you purchase any Products, you will be responsible for paying any
applicable sales tax.
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. Giftopedia 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 Giftopedia 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 thirdparty websites are provided solely as a convenience to you. Giftopedia Pvt. Ltd.
does not endorse the contents on any such third-party websites. Giftopedia 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; Giftopedia 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, nontransferable 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 Giftopedia 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 Giftopedia 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. Giftopedia 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. Giftopedia Pvt. Ltd. is not liable for
any damage or harm resulting from any posts by or interactions between users.
Giftopedia Pvt. Ltd. reserves the right, but has no obligation, to monitor interactions
between and among users of the Website and to remove any content Giftopedia Pvt.
Ltd. deems objectionable, in MuscleUP Nutrition 's sole discretion.
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. Giftopedia 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, Giftopedia 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.
You will release, indemnify, defend and hold harmless Giftopedia 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 Giftopedia Pvt. Ltd.. When Giftopedia Pvt. Ltd. is threatened with suit or
sued by a third party, Giftopedia Pvt. Ltd. may seek written assurances from you
concerning your promise to indemnify Giftopedia Pvt. Ltd.; your failure to provide
such assurances may be considered by Giftopedia Pvt. Ltd. to be a material breach
of this Agreement. Giftopedia 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 Giftopedia Pvt. Ltd. choice at its expense.
Giftopedia 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
Giftopedia Pvt. Ltd. against any claim, but you must receive Giftopedia 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
Giftopedia Pvt. Ltd. believes strongly in protecting user privacy and providing you
with notice of MuscleUP Nutrition 's use of data. Please refer to Giftopedia Pvt. Ltd.
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
Force Majeure. Giftopedia 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. Giftopedia 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 Giftopedia Pvt. Ltd. and supersedes any prior agreements pertaining to the
subject matter contained herein.
Effect of Waiver. The failure of Giftopedia 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 Ahmedabad, Gujarat.
This Agreement will be governed by the laws of India without regard to its conflict of
law principles to the contrary. Neither you nor Giftopedia 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
Gujarat. 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. Giftopedia 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 Giftopedia 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, Giftopedia 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 Giftopedia Pvt. Ltd.
chooses, in its sole discretion and without advance to you, to terminate it.
Domestic Use. Giftopedia 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. Giftopedia 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
TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.