Terms & Conditions
TERMS
OF SERVICE AGREEMENT
LAST REVISION: [Date-Month-Year]
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, theautoconnect.in
(the "Website"), The Auto Connect ("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. The Auto Connect
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. The Auto Connect 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. The Auto Connect 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 The
Auto Connect 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 The Auto Connect 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 The Auto
Connect 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@theautoconnect.in
3. You may send a
written remove request to 1/24 P, Mukil Nagar, Salem, Tamil Nadu-636004.
Proprietary Rights. The Auto Connect has proprietary rights and
trade secrets in the Products. You may not copy, reproduce, resell or
redistribute any Product manufactured and/or distributed by The Auto Connect. The
Auto Connect 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.
Good and Services Tax.
If you purchase any Products, you will be responsible for paying any applicable
Goods and Services 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. The Auto Connect does not
always create the information offered on this Website; instead the information
is often gathered from other sources. To the extent that The Auto Connect 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. The Auto Connect does not endorse the contents
on any such third-party websites. The Auto Connect 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; The
Auto Connect 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 The Auto
Connect 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 The Auto
Connect 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. The Auto
Connect 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. The Auto
Connect is not liable for any damage or harm resulting from any posts by or
interactions between users. The Auto Connect reserves the right, but has no
obligation, to monitor interactions between and among users of the Website and
to remove any content The Auto Connect 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. The Auto Connect 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, The Auto Connect 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
The Auto Connect 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.
The Auto Connect 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 The Auto Connect, 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 The Auto
Connect. When The Auto Connect is threatened with suit or sued by a third
party, The Auto Connect may seek written assurances from you concerning your
promise to indemnify The Auto Connect; your failure to provide such assurances
may be considered by The Auto Connect to be a material breach of this
Agreement. The Auto Connect 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 The Auto Connect choice at its expense. The Auto
Connect 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 The
Auto Connect against any claim, but you must receive The Auto Connect 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
The Auto Connect believes
strongly in protecting user privacy and providing you with notice of The Auto
Connect's use of data. Please refer to The Auto Connect 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. The Auto Connect 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. The Auto Connect 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 The Auto Connect and supersedes any prior
agreements pertaining to the subject matter contained herein.
Effect of Waiver. The
failure of The Auto Connect 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
Website originates from the Salem, Tamil Nadu. This Agreement will be governed
by the laws of the State of Tamil Nadu without regard to its conflict of law principles
to the contrary. Neither you nor The Auto Connect
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 Tamil Nadu. 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. The Auto Connect 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 The Auto Connect 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, The
Auto Connect 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 The Auto
Connect chooses, in its sole discretion and without advance to you, to
terminate it.
Domestic Use. The
Auto Connect 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. The Auto Connect 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.