LAST REVISION: [30-06-2024]
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,
All India Kacher Family Friends Group (AIKFFG) (the "https://familyapp.org.in/" ), All
India Kacher Family Friends Group (AIKFFG) ("All India Kacher Family Friends Group
(AIKFFG) ") 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. All India Kacher Family Friends Group
(AIKFFG) 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.
All India Kacher Family Friends Group (AIKFFG) 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. All
India Kacher Family Friends Group (AIKFFG) 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 All India Kacher
Family Friends Group (AIKFFG) 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 All India Kacher Family Friends Group (AIKFFG) 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 All India Kacher Family
Friends Group (AIKFFG) 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.
- You may use the opt out link found in any email solicitation that you may receive.
- You may also choose to opt out, via sending your email address to:
info.kacherfamily@gmail.com
- You may send a written remove request to 631/98 Sanata Nagar,
Kamta Chinhat,
Lucknow-226028.
Proprietary Rights: All India Kacher Family Friends Group (AIKFFG) has
proprietary
rights and trade secrets in the Products. You may not copy, reproduce, resell or
redistribute any Product manufactured and/or distributed by All India Kacher Family
Friends Group (AIKFFG). All India Kacher Family Friends Group (AIKFFG) 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
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. All India Kacher Family Friends Group
(AIKFFG) does not always create the information offered on this Website; instead the
information is often gathered from other sources. To the extent that All India Kacher
Family Friends Group (AIKFFG) 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. All India Kacher Family Friends Group (AIKFFG) does not endorse
the contents on any such third-party websites. All India Kacher Family Friends Group
(AIKFFG) 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: All India Kacher Family Friends Group (AIKFFG) 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 All India Kacher Family Friends Group (AIKFFG) 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 All India Kacher Family Friends Group (AIKFFG) 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. All India Kacher Family Friends Group (AIKFFG) 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. All India Kacher Family Friends Group (AIKFFG) is not liable for any damage
or harm resulting from any posts by or interactions between users. All India Kacher
Family Friends Group (AIKFFG) reserves the right, but has no obligation, to monitor
interactions between and among users of the Website and to remove any content All
India Kacher Family Friends Group (AIKFFG) 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. All India Kacher Family Friends Group (AIKFFG) 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, All India Kacher
Family Friends Group (AIKFFG) 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
All India Kacher Family Friends Group (AIKFFG) 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.
All India Kacher Family Friends Group (AIKFFG) 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 All India Kacher
Family Friends
Group (AIKFFG), 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 All India Kacher Family Friends Group (AIKFFG) When All India Kacher Family
Friends Group (AIKFFG) is threatened with suit or sued by a third party, All India Kacher
Family Friends Group (AIKFFG) may seek written assurances from you concerning your
promise to indemnify All India Kacher Family Friends Group (AIKFFG); your failure to
provide such assurances may be considered by All India Kacher Family Friends Group
(AIKFFG) to be a material breach of this Agreement. All India Kacher Family Friends
Group (AIKFFG) 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 All
India Kacher Family Friends Group (AIKFFG) choice at its expense. All India Kacher
Family Friends Group (AIKFFG) 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 All India Kacher Family Friends Group (AIKFFG) against any claim, but you
must receive All India Kacher Family Friends Group (AIKFFG) 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
All India Kacher Family Friends Group (AIKFFG) believes strongly in
protecting user
privacy and providing you with notice of MuscleUP Nutrition 's use of data. Please refer
to All India Kacher Family Friends Group (AIKFFG) 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: All India Kacher Family Friends Group (AIKFFG) 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: All India Kacher Family Friends Group
(AIKFFG) 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
All India Kacher Family Friends Group (AIKFFG) and supersedes any prior agreements
pertaining to the subject matter contained herein.
Effect of Waiver: The failure of All India Kacher Family Friends
Group (AIKFFG) 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, Lucknow: This Website originates from the Lucknow,
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 All India Kacher
Family Friends Group (AIKFFG) 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: All India Kacher Family Friends Group (AIKFFG) 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 All India Kacher Family
Friends Group (AIKFFG) 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,
All India Kacher Family Friends Group (AIKFFG) 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 All India Kacher Family Friends
Group (AIKFFG) chooses, in its sole discretion and without advance to you, to terminate
it.
Domestic Use: All India Kacher Family Friends Group (AIKFFG) 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 All India Kacher Family Friends Group (AIKFFG) may
assign its rights and obligations under this Agreement in its sole discretion and without
advance notice to you.