AGROZONES TERMS OF SERVICE

LAST REVISION: 16-JUN-2016

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 (the “Agreement”) governs your use of this website, www.agrozones.com (the “Website”), Agrozones Online Market Pvt. Ltd. (“Agrozones”) 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. Agrozones 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. Agrozones 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. Agrozones 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 Agrozones 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 Agrozones 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 Agrozones 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 help@agrozones.com.

  1. You may send a written remove request to Agrozones Online Market Pvt. Ltd., Pelanthoppu, Madana Gopala Puram(POST), Kurinjipadi(TK), Cuddalore – 607301, Tamilnadu, India.

Proprietary Rights. Agrozones has proprietary rights and trade secrets in the Products. You may not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by Agrozones. Agrozones 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. Agrozones does not always create the information offered on this Website; instead the information is often gathered from other sources. To the extent that Agrozones 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-part websites are provided solely as a convenience to you. Agrozones cess s does not endorse the contents on any such third-party websites. Agrozones is not responsible for the content of or any damage that may result from your acto or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.

Use of Website; Agrozones 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 Agrozones or the applicable third party (if third party content is at issue).

Posting. Agrozones By posting, storing, or transmitting any content on the Website, you hereby grant  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. Agrozones 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. Agrozones is not liable for any damage or harm resulting from any posts by or interactions between users. Agrozones reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content Agrozones 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. Agrozones 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, Agrozones 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

Entire liability, and your exclusive remedy, in law, in equity, or otherwise, 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.

Agrozones 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 Agrozones, 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 Agrozones. When Agrozones is threatened with suit or sued by a third party, Agrozones may seek written assurances from you concerning your promise to indemnify Agrozones; your failure to provide such assurances may be considered by Agrozones to be a material breach of this Agreement.Agrozones 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 Agrozones choice at its expense. Agrozones 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 Agrozones against any claim, but you must receive Agrozones 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

Agrozones believes strongly in protecting user privacy and providing you with notice of MuscleUP Nutrition’s use of data. Please refer to Agrozones privacy policy, incorporated by reference herein, that is posted on the Website.

VII. 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. Agrozones 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. Agrozones 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 Agrozones and supersedes any prior agreements pertaining to the subject matter contained herein.

Effect of Waiver. The failure of Agrozones 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 Cuddalore, Tamil Nadu. This Agreement will be governed by the laws of the State of Tamil Nadu without regard to its conflict of law principles to the contrary. Neither you nor Agrozones 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 Tamil Nadu. 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. Agrozones 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 Agrozones and 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, Agrozones 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 Agrozones chooses, in its sole discretion and without advance to you, to terminate it.

Domestic Use. Agrozones 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. Agrozones may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.

IX. ORDER CANCELLATION

You as a customer can cancel your order before shipment has been made for which you have placed an order by calling our customer service. In such a case we will refund any payments already made by you for the order. If we suspect any fraudulent transaction by any customer or any transaction which defies the terms & conditions of using the website, we at our sole discretion could cancel such orders. We will maintain a negative list of all fraudulent transactions and customers and would deny access to them or cancel any orders placed by them.

X. RETURN & REFUNDS

We have a “no questions asked return and refund policy” which entitles all our members to return the product at the time of delivery if due to some reason they are not satisfied with the quality or freshness of the product. We will take the returned product back with us and issue a credit note for the value of the return products which will be credited to your account on the Site. This can be used to pay your subsequent shopping bills.

XI. COLOURS

We have made every effort to display the colours of our products that appear on the Website as accurately as possible. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will be accurate.

XII. AGROZONES SELER’S TERMS AND CONDITIONS

A.Company and Product Information

  1. Have you included information about your company? This should include full company name, company registration number for a limited company, relevant contact details including a business address, if relevant, email address, etc. Is this information clearly displayed to your potential customer?
  2. Have you provided the main characteristics or description of the goods or services being provided?
  3. If your company is acting on behalf of another entity or third party, you should also provide the address and identity of the other trader.
  4. Have you properly incorporated your terms and conditions?

B.Terms and Conditions

  1. Are your website terms and conditions fair and reasonable?
  2. Are they capable of being saved and printed properly and legibly?
  3. Do you direct your customer towards the terms and conditions during the sale process?
  4. Do you advise your customer of all the technical steps to make a transaction?

C.Offer, Acceptance and Liability

  1. Do you make it clear that your potential customer is making an offer when placing an order which you can either accept or decline?
  2. Have you included a mechanism in relation to acceptance of orders where you control the point at which the contract is formed? Do you provide for the timing and deemed place of sending and receipt of electronic communications?
  3. Have you limited your liability?
  4. Has this been brought to the attention of your customer?
    • Is it reasonable?
    • If you are dealing with the INDIA, is it in bold type and capital letters?
    • Can you insure against the liability that you are accepting?

D.Pricing

  1. Are your prices clear and unambiguous?
  2. Have you provided a summary total of the goods and/or services (inclusive of all taxes)?
  3. Have you provided clear information regarding the method of payment?
  4. If you provide goods/services that a customer cannot reasonably calculate them in advance, you should explain the manner by which the price is to be calculated.
  5. Have you taken steps to avoid being bound by mistakes in pricing information?
  6. Have you advised your potential customers of delivery times, costs and relevant taxes?
  7. Have you notified your customer that they will have to bear the cost of returning the goods?
  8. Have you provided for the payment mechanism?

E.After-sales Support

  1. Does the site provide a means of correcting errors after the order is placed?
  2. Have you notified the customer of the existence and/or conditions of after-sale service, after-sale support or commercial guarantees?
  3. If your helpline incurs significant charges for the customer, have you notified them of these charges?

F.Other contractual notices and policies

  1. Have you included provisions as to:
    • a cooling-off period?
    • delivery and associated charges?
    • a returns and refunds policy?
    • any rights that the consumer may have under local law? (e.g. do distance selling regulations apply?)
    • where applicable, have you notified the customer of the minimum duration of their obligations under the contract?
    • the conditions available to all parties to terminate the contract?
    • the duration of the contract?
    • a choice of law and forum clause?
    • your ability to change terms on notice?
    • complaint handling policy?
    • Have you included an appropriate data protection notice?
    • Do you need to include any other notices? (e.g. where you are not selling to customers resident in certain countries?)
    • Have you included an online copyright notice? Does it grant a limited licence? (e.g. personal use, copy to hard disk, print etc.)
    • Have you included a linking policy?
  2. Have you included all necessary disclaimers? Are they clear and brought to the attention of visitors to the site?

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.