Terms and Conditions

TERMS OF SERVICE AGREEMENT

LAST REVISION: 12/09/2018

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.spicemartindia.com (the “Website”), SpicemartIndia (“SpicemartIndia”)

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. SpicemartIndia 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. SpicemartIndia

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. SpicemartIndia 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 SpicemartIndia 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

SpicemartIndia 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 SpicemartIndia 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: sales@spicemartindia.com

3. You may send a written remove request to No 4, 1st Cross, Janakiram Layout, Hennur Main Road, Geddalahalli, Banaglore – 560043

Proprietary Rights. SpicemartIndia has proprietary rights and trade secrets in the

Products. You may not copy, reproduce, resell or redistribute any Product

manufactured and/or distributed by SpicemartIndia. SpicemartIndia 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. SpicemartIndia does not always create

the information offered on this Website; instead the information is often gathered

from other sources. To the extent that SpicemartIndia 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 thirdparty

websites are provided solely as a convenience to you. SpicemartIndia does

not endorse the contents on any such third-party websites. SpicemartIndia 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; SpicemartIndia 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, nontransferable

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 SpicemartIndia 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 SpicemartIndia 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. SpicemartIndia

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. SpicemartIndia is not liable for any

damage or harm resulting from any posts by or interactions between users.

SpicemartIndia reserves the right, but has no obligation, to monitor interactions

between and among users of the Website and to remove any content [Business

Name] 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. SpicemartIndia 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, SpicemartIndia

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

SpicemartIndia 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.

SpicemartIndia 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 SpicemartIndia, 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 SpicemartIndia. When SpicemartIndia is threatened with suit or sued

by a third party, SpicemartIndia may seek written assurances from you concerning

your promise to indemnify SpicemartIndia; your failure to provide such assurances

may be considered by SpicemartIndia to be a material breach of this Agree

VI. PRIVACY

SpicemartIndia believes strongly in protecting user privacy and providing you with

notice of MuscleUP Nutrition ‘s use of data. Please refer to SpicemartIndia 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. SpicemartIndia 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. SpicemartIndia 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 SpicemartIndia and supersedes any prior agreements pertaining to the subject

matter contained herein.

Effect of Waiver. The failure of SpicemartIndia 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; Bangalore. This Website originates from the Bangalore, Karnataka. This

Agreement will be governed by the laws of the State of Karnataka without

regard to its conflict of law principles to the contrary. Neither you nor SpicemartIndia

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 Karnataka. 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. SpicemartIndia 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 SpicemartIndia 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, SpicemartIndia 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 SpicemartIndia chooses,

in its sole discretion and without advance to you, to terminate it.

Domestic Use. SpicemartIndia 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. SpicemartIndia 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.