LAST REVISION: [09,May
2024]
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, “https://sparkradix.in/”
(the “Website”), Sparkradix Infratech Private Limited (“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. Sparkradix
Infratech Private Limited 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. Sparkradix Infratech Private Limited 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. Sparkradix
Infratech Private Limited 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 Sparkradix
Infratech Private Limited 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.
SERVICES / PRODUCTS
Terms of Offer. This
Website offers for information about the services (the “Services”).
By placing an order for services through this email, call or Website, you agree
to the terms set forth in this Agreement.
Customer
Solicitation: Unless you
notify our third party call center reps or direct Sparkradix Infratech Private Limited 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 Sparkradix
Infratech Private Limited 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@sparkradix.in.
3. You may send a
written remove request to DLF Cybercity, DCB No 516, Patia, Bhubaneswar,
Odisha India, 751024
Proprietary Rights. Sparkradix Infratech Private Limited has
proprietary rights and trade secrets in the Products/Services. You may not
copy, reproduce, resell or redistribute any Product manufactured and/or
distributed by Sparkradix Infratech Private
Limited. Sparkradix Infratech Private Limited 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 Services/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. Sparkradix Infratech
Private Limited does not always create the information offered on this Website;
instead, the information is often gathered from other sources. To the extent
that Sparkradix Infratech Private Limited 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. Sparkradix
Infratech Private Limited does not endorse the contents on any such third-party
websites. Sparkradix Infratech Private Limited 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; Sparkradix
Infratech Private Limited 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 Sparkradix Infratech
Private Limited 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 Sparkradix
Infratech Private Limited 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.
Sparkradix Infratech Private Limited 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. Sparkradix Infratech Private Limited is not liable for
any damage or harm resulting from any posts by or interactions between users. Sparkradix
Infratech Private Limited reserves the right, but has no obligation, to monitor
interactions between and among users of the Website and to remove any content Sparkradix
Infratech Private Limited 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. SPARKRADIX INFRATECH PRIVATE LIMITED 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, SPARKRADIX INFRATECH
PRIVATE LIMITED 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
SPARKRADIX INFRATECH PRIVATE LIMITED 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.
SPARKRADIX INFRATECH PRIVATE LIMITED 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 Sparkradix Infratech Private Limited, 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 Sparkradix
Infratech Private Limited. When Sparkradix Infratech Private Limited is
threatened with suit or sued by a third party, Sparkradix Infratech Private
Limited may seek written assurances from you concerning your promise to
indemnify Sparkradix Infratech Private Limited; your failure to provide such
assurances may be considered by Sparkradix Infratech Private Limited to be a
material breach of this Agreement. Sparkradix Infratech Private Limited 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 Sparkradix
Infratech Private Limited choice at its expense. Sparkradix Infratech Private
Limited 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 Sparkradix
Infratech Private Limited against any claim, but you must receive Sparkradix
Infratech Private Limited 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
Sparkradix Infratech
Private Limited believes strongly in protecting user privacy and providing you
with notice of use of data. Please refer to Sparkradix Infratech Private
Limited privacy policy, incorporated by reference herein, that is posted on the
Website.
VI.
AGREEMENT TO BE BOUND
By using this Website
or ordering Services/ 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. Sparkradix Infratech Private Limited 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.
Sparkradix Infratech Private Limited 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 Sparkradix Infratech Private Limited and
supersedes any prior agreements pertaining to the subject matter contained
herein.
Effect of Waiver. The
failure of Sparkradix Infratech Private Limited 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
of Odisha. This Website originates from the [Bhubaneswar, Odisha]. This
Agreement will be governed by the laws of the State of Odisha without regard to
its conflict of law principles to the contrary. Neither you nor Sparkradix Infratech Private Limited 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 Odisha. 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. Sparkradix Infratech Private Limited 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 Sparkradix Infratech Private Limited 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, Sparkradix Infratech Private Limited 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 Sparkradix Infratech Private Limited chooses,
in its sole discretion and without advance to you, to terminate it.
Domestic Use. Sparkradix
Infratech Private Limited 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. Sparkradix Infratech Private
Limited 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.