LAST REVISION: [12.11.2021]
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, www.ignitediq.in
(the "Website"), IgnitedIQ ("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. IgnitedIQ 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. IgnitedIQ 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. IgnitedIQ 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 IgnitedIQ 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
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
Solicitation: Unless you
notify our third party call center reps or direct IgnitedIQ 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 IgnitedIQ and its designated
in house or third party call team(s).
Procedure: We provide 2 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 email].
Proprietary Rights. IgnitedIQ has proprietary rights and trade
secrets in the Products. You may not copy, reproduce, resell or redistribute any
Product manufactured and/or distributed by IgnitedIQ.
IgnitedIQ 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
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. IgnitedIQ does not always create the information offered on this
Website; instead the information is often gathered from other sources. To the
extent that IgnitedIQ 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. IgnitedIQ does not
endorse the contents on any such third-party websites. IgnitedIQ 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; IgnitedIQ 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
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 IgnitedIQ 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 IgnitedIQ
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. IgnitedIQ 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. IgnitedIQ is not
liable for any damage or harm resulting from any posts by or interactions
between users. IgnitedIQ reserves the right, but has no obligation, to monitor
interactions between and among users of the Website and to remove any content IgnitedIQ
deems objectionable, in MuscleUP
Nutrition 's sole discretion.
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. IgnitedIQ 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, IgnitedIQ 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,
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.
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.
LIMITATION OF LIABILITY
IGNITEDIQ 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 APPLICABLE TAXES, SHIPPING AND HANDLING,
FOR PRODUCTS PURCHASED VIA THE WEBSITE.
IGNITEDIQ 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.
You will release,
indemnify, defend and hold harmless IgnitedIQ, 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 IgnitedIQ. When IgnitedIQ is threatened
with suit or sued by a third party, IgnitedIQ may seek written assurances from
you concerning your promise to indemnify IgnitedIQ; your failure to provide
such assurances may be considered by IgnitedIQ to be a material breach of this
Agreement. IgnitedIQ 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 IgnitedIQ choice at its expense. IgnitedIQ 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 IgnitedIQ against
any claim, but you must receive IgnitedIQ 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.
incorporated by reference herein, that is posted on the Website.
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.
Force Majeure. IgnitedIQ 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.
Operation. IgnitedIQ may at any time, in
its sole discretion and without advance notice to you, cease operation of the
Website and distribution of the Products.
This Agreement comprises the entire agreement between you and IgnitedIQ and supersedes any prior agreements
pertaining to the subject matter contained herein.
Effect of Waiver. The
failure of IgnitedIQ 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.
This Website is a property of PRABHAS EDUTECH SERVICES, an MSME
registered Proprietor Firm with
registration No.UDYAM-JH-13-0000418 and having its registered office at Hutar,
PO- Gutjora, Khunti, Jharkhand-835210. This Agreement will be governed by
the laws of the State of Jharkhand without regard to its conflict of law
principles to the contrary. Neither you nor IgnitedIQ
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 Jharkhand. 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.
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. IgnitedIQ 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 IgnitedIQ 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, IgnitedIQ
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 IgnitedIQ chooses,
in its sole discretion and without advance to you, to terminate it.
Domestic Use. IgnitedIQ
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. IgnitedIQ 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.