Terms of Service Agreement
TERMS OF SERVICE AGREEMENT
LAST REVISION: 15 November 2019
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS PORTAL OR ORDERING PRODUCTS FROM THIS PORTAL 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 portal, http://www.indiagreen.in/, Flowgreen Private Limited offer of products for purchase on this Portal, or your purchase of products available on this portal. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. Flowgreen 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 portal.
Flowgreen 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 portal. Your use of the portal following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions.
Flowgreen Private Limited encourages you to review this Agreement whenever you visit the portal to make sure that you understand the terms and conditions governing use of the portal. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with Flowgreen 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 portal. If you would like to print this Agreement, please click the print button on your browser toolbar.
I. PRODUCTS
Terms of Offer. This portal offers for sale certain products (the "Products"). By placing an order for Products through this portal, you agree to the terms set forth in this Agreement.
Customer Solicitation: Unless you notify our third party call center reps or direct Flowgreen 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 Flowgreen 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: care@indiagreen.in.
3. You may send a written remove request to Apna studio, In front of gate no. 4, Dadhich garden, new akashwani, Kota, Rajasthan, 324001
Proprietary Rights. Flowgreen Private Limited has proprietary rights and trade secrets in the Products. You may not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by Flowgreen Private Limited. Flowgreen 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 Products, you will be responsible for paying any applicable sales tax.
II. PORTAL
Content; Intellectual Property; Third Party Links. In addition to making Products available, this portal also offers information and marketing materials. This portal also offers information, both directly and through indirect links to third-party portals, about nutritional and dietary supplements. Flowgreen Private Limited does not always create the information offered on this portal; instead the information is often gathered from other sources. To the extent that Flowgreen Private Limited does create the content on this Portal, 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 portal is for personal, noncommercial use. Any links to third-party portal are provided solely as a convenience to you. Flowgreen Private Limited does not endorse the contents on any such third-party portals. Flowgreen 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 portals. If you link to third-party portals, you do so at your own risk.
Use of portal ; Flowgreen Private Limited is not responsible for any damages resulting from use of this portal by anyone. You will not use the portal for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the portal (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the portal by other users, (3) not resell material on the portal, (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 Portal
License. By using this portal , you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the portal in connection with your normal, noncommercial, use of the portal. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from Flowgreen Private Limited or the applicable third party (if third party content is at issue).
Posting. By posting, storing, or transmitting any content on the portal, you hereby grant Flowgreen 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. Flowgreen Private Limited does not have the ability to control the nature of the user-generated content offered through the portal. You are solely responsible for your interactions with other users of the portal and any content you post. Flowgreen Private Limited is not liable for any damage or harm resulting from any posts by or interactions between users. Flowgreen Private Limited reserves the right, but has no obligation, to monitor interactions between and among users of the portal and to remove any content Flowgreen Private Limited deems objectionable, in MuscleUP Nutrition 's sole discretion.
III. DISCLAIMER OF WARRANTIES
YOUR USE OF THIS PORTAL AND/OR PRODUCTS ARE AT YOUR SOLE RISK. THE PORTAL AND PRODUCTS ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Flowgreen Private Limited EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE PRODUCTS OR PORTAL CONTENT, OR ANY RELIANCE UPON OR USE OF THE PORTAL CONTENT OR PRODUCTS. ("PRODUCTS" INCLUDE TRIAL PRODUCTS.)
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Flowgreen Private Limited MAKES NO WARRANTY:
THAT THE INFORMATION PROVIDED ON THIS PORTAL IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
THAT THE LINKS TO THIRD-PARTY PORTALS ARE TO INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS PORTAL 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 PORTAL.
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
Flowgreen Private Limited ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHWERWISE, WITH RESPECT TO THE PORTAL 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 PORTAL.
Flowgreen 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 PORTAL CONTENT OR PRODUCTS; (2) THE COST OF PROCURING SUBSTITUTE PRODUCTS OR CONTENT; (3) ANY PRODUCTS PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE PORTAL; 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 Flowgreen 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 Portal content or your use of the Portal 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 Flowgreen Private Limited. When Flowgreen Private Limited is threatened with suit or sued by a third party, Flowgreen Private Limited may seek written assurances from you concerning your promise to indemnify Flowgreen Private Limited; your failure to provide such assurances may be considered by Flowgreen Private Limited to be a material breach of this Agreement. Flowgreen 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 Portal content or Products, with counsel of Flowgreen Private Limited choice at its expense. Flowgreen 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 Flowgreen Private Limited against any claim, but you must receive Flowgreen 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 Portal or Products.
VI. PRIVACY
Flowgreen Private Limited believes strongly in protecting user privacy and providing you with notice of MuscleUP Nutrition 's use of data. Please refer to Flowgreen Private Limited privacy policy, incorporated by reference herein, that is posted on the Portal .
VI. AGREEMENT TO BE BOUND
By using this Portal or ordering Products, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Portal .
VIII. GENERAL
Force Majeure. Flowgreen 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. Flowgreen Private Limited may at any time, in its sole discretion and without advance notice to you, cease operation of the Portal and distribution of the Products.
Entire Agreement. This Agreement comprises the entire agreement between you and Flowgreen Private Limited and supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver. The failure of Flowgreen 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: This Portal originates from the KOTA, RAJASTHAN . This Agreement will be governed by the laws of the State of RAJASTHAN without regard to its conflict of law principles to the contrary. Neither you nor Flowgreen 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 RAJASTHAN . By using this Portal 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 Portal 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. Flowgreen Private Limited reserves the right to terminate your access to the Portal 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 Portal and Flowgreen Private Limited may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Portal is terminated, Flowgreen Private Limited reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Portal . This Agreement will survive indefinitely unless and until Flowgreen Private Limited chooses, in its sole discretion and without advance to you, to terminate it.
Domestic Use. Flowgreen Private Limited makes no representation that the Portal or Products are appropriate or available for use in locations outside India. Users who access the Portal 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. Flowgreen Private Limited may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
BY USING THIS PORTAL OR ORDERING PRODUCTS FROM THIS PORTAL YOU AGREE
TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
