TERMS OF
SERVICE AGREEMENT
LAST REVISION:
01-12-2020
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.deshizon.com (the "Website"), Deshizon ("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. Deshizon 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. Deshizon 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. Deshizon 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 Deshizon 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 Deshizon 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 Deshizon 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@deshizon.com
3. You may send a written remove
request to
Proprietary Rights. Deshizon has
proprietary rights and trade secrets in the Products. You may not copy,
reproduce, resell or redistribute any Product manufactured and/or distributed
by Deshizon . Deshizon 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. Deshizon does not always create the information offered
on this Website; instead the information is often gathered from other sources.
To the extent that Deshizon 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. Deshizon does not
endorse the contents on any such third-party websites. Deshizon 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; Deshizon 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 Deshizon 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 Deshizon 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. Deshizon 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. Deshizon is not liable for any damage or harm resulting
from any posts by or interactions between users. Deshizon reserves the right, but has no obligation, to
monitor interactions between and among users of the Website and to remove any
content Deshizon 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. Deshizon 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, Deshizon 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
Deshizon
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.
Deshizon
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 Deshizon , 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 Deshizon . When Deshizon is threatened with suit or sued by a third
party, Deshizon may seek written
assurances from you concerning your promise to indemnify Deshizon ; your
failure to provide such assurances may be considered by Deshizon to be a material breach of this Agreement. Deshizon
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 Deshizon choice at its expense. Deshizon 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 Deshizon against
any claim, but you must receive Deshizon 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
Deshizon believes strongly in protecting user privacy
and providing you with notice of MuscleUP Nutrition 's use of data. Please
refer to Deshizon 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. Deshizon 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. Deshizon 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 Deshizon
and supersedes any prior
agreements pertaining to the subject matter contained herein.
Effect of Waiver. The failure of Deshizon 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; Civil Court . This
Website originates from the Mau, Uttar Pradesh . This Agreement will be
governed by the laws of the State of Uttar Pradesh without regard to its
conflict of law principles to the contrary. Neither you nor Deshizon 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 Uttar Pradesh . 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. Deshizon 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 Deshizon 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, Deshizon 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 Deshizon chooses,
in its sole discretion and without advance to you, to terminate it.
Domestic Use. Deshizon
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. Deshizon 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.