Reviewed on: May 19, 2023
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, calixherbal.com
of Calix Herbal Limited 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. Calix
Herbal 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. Calix Herbal 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. Calix Herbal 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 Calix Herbal 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.
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 Calix
Herbal 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 Calix Herbal 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: info@calixherbal.com
3. You may send a written remove request
to:- Calix Herbal Limited, Plot no. 265-266 Vill. Nanhera Anantpur, Iqbalpur
Road ROORKEE, Distt. Haridwar, Uttrakhand India Pin 247667.
Proprietary Rights. Calix Herbal 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 Calix Herbal Limited. Calix Herbal 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. 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. Calix Herbal Limited does not always create the information offered on this
Website; instead the information is often gathered from other sources. To the
extent that Calix Herbal 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 Calix Herbal Limited does not endorse the contents on any such third-party
websites. Calix Herbal 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;- Calix Herbal 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 Calix Herbal 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 Calix Herbal 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.
Calix Herbal 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. Calix Herbal Limited s not liable for any damage or harm resulting from any
posts by or interactions between users. Calix Herbal Limited reserves the right, but has no obligation, to monitor
interactions between and among users of the Website and to remove any content Calix
Herbal Limited 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. Calix Herbal 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, Calix Herbal 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
CALIX HERBAL 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.
CALIX HERBAL 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 Calix Herbal 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 Calix Herbal
Limited When Calix Herbal Limited is threatened with suit or sued by a third
party, Calix Herbal Limited may seek written assurances from you concerning
your promise to indemnify Calix Herbal Limited; your failure to provide such
assurances may be considered by Calix Herbal Limited to be a material breach of
this Agreement. Calix Herbal 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 Calix Herbal Limited choice at its
expense. Calix Herbal 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 Calix Herbal Limited against any claim, but you must
receive Calix Herbal 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
Calix Herbal Limited believes
strongly in protecting user privacy and providing you with notice of MuscleUP
Nutrition 's use of data. Please refer to Calix Herbal Limited 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;- Calix Herbal 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:- Calix Herbal 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 Calix
Herbal Limited and supersedes any prior agreements pertaining to the
subject matter contained herein.
Effect of Waiver:- The failure of Calix Herbal 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:- Juridiction of the
court:- This Website originates from the Roorkee Distt. Haridwar, Uttrakhand
India. This Agreement will be governed by the laws of the State of Uttrakhand
India without regard to its conflict of law principles to the contrary. Neither
you nor Calix Herbal 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 Uttrakhand India. 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:- Calix Herbal 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 Calix Herbal 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, Calix Herbal 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 Calix Herbal Limited chooses, in its
sole discretion and without advance to you, to terminate it.
Domestic Use:- Calix Herbal 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. Calix Herbal 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.