LAST REVISION: [15-07-2016]
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM AMAZON INDIA 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,
(the “Website”) and [God’s Own Food Solutions Pvt Ltd (OPC)] (“Business Name”) offer of products for purchase on the www.amazon.in. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. [God’s Own Food Solutions Pvt Ltd (OPC)] 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. [God’s Own Food Solutions Pvt Ltd (OPC)] 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. [God’s Own Food Solutions Pvt Ltd (OPC)] 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 [God’s Own Food Solutions Pvt Ltd (OPC)] 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.
AMAZON INDIA TERMS AND CONDITIONS:
By making a purchase or accessing the Amazon.in Website or APP you agree to the following Terms and Conditions. It is your own responsibility to ensure that you are fully aware of all of these Terms and Conditions when making a purchase on www.amazon.in and/or App as applicable.
If you chose to pay online through various methods allowed by the Amazon App or website, we assure you that we do not save any information related to your credit/debit cards or passwords. All the information you provide is processed through a secure server. Please visit the link ( http://amzn.to/22IXn8D ) for detailed terms and conditions of Amazon India.
COMPLAINTS AND REFUND:
You can email us at (firstname.lastname@example.org) with complete details of the complaint encountered by you. We shall try to fix the issue amicably.
However if there is any legal dispute, then such dispute shall be handled by a sole arbitrator appointed by God’s Own Food Solutions Pvt Ltd (OPC) under Arbitration and Conciliation Act, 1996. The language of Arbitration shall be English only and the location shall be Ernakulam, Kerala, India.
GOVERNING LAW AND JURISDICTION:
These terms and conditions will be construed only in accordance with the laws of India. In respect of all matters/disputes arising out of, in connection with or in relation to these terms and conditions or any other conditions on this website and purchase, only the competent Court at Ernakulum shall have jurisdiction, to the exclusion of all other courts.
God’s Own Food Solutions Pvt Ltd (OPC) offers for sale certain products (the “Products”). By placing an order for Products through the Amazon India Website, you agree to the terms set forth in this Agreement. Jackfruit365™ Raw Jackfruit Jackfruit365™ is sliced and freeze-dried (dehydrated) from 1 Kg mature unripe pods of 100% natural “”wild”” jackfruits. The freeze-dried version of raw jackfruit is crisp and dry, weighing approximately 180 grams. Right before use, all that is required is to re-hydrate the pieces. In other words, soak it in plain warm water and they swell to their regular weight in about 10-15 minutes. Jackfruit365™ is neutral in taste and can be used to increase fibre, satiation (satisfies your appetite faster and maintains it for a longer a period of time) and reduce glycemic load* of a meal by preparing it as 100% carbohydrate or in combination with Rice and Wheat in a powder form. Disclaimer: There is a chance that Jackfruit365™ based meals, combined with the medication, can lower your blood sugar too much! Hence, it is imperative that you work with your doctor to ensure you are monitoring your blood sugar and adjusting the medication properly. By consuming Jackfruit365™ you can reduce or eliminate your medications over a period of time. So, always keep your doctor informed. *The glycemic load or glycaemic load (GL) is a number that estimates how much the food will raise a person’s blood glucose (also called blood sugar) level. Jackfruit365™ is available 365 days of the year in re-sealable packets. Jackfruit365™ is your natural green clean packet of health. Jackfruit365™ meal increases satiation (fills you up faster and maintains it for a longer a period of time). Hence, you crave less and eat less.
While we work to ensure that product information is correct, on occasion manufacturers may alter their ingredient lists. Actual product packaging and materials may contain more and/or different information than that shown on our web site. We recommend that you do not solely rely on the information presented and that you always read labels, warnings, and directions before using or consuming a product. For additional information about a product, please write to email@example.com.
Unless you notify our third party call center reps or direct [God’s Own Food Solutions Pvt Ltd (OPC)] 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 [God’s Own Food Solutions Pvt Ltd (OPC)] 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: [firstname.lastname@example.org]. 3. You may send a written remove request to [ VII/219, South Kaprassery, Nedumbassery, Kerala- 683585].
[God’s Own Food Solutions Pvt Ltd (OPC)] has proprietary rights and trade secrets in the Products. You may not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by [God’s Own Food Solutions Pvt Ltd (OPC)]. [God’s Own Food Solutions Pvt Ltd (OPC)] 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.
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. [God’s Own Food Solutions Pvt Ltd (OPC)] does not always create the information offered on this Website; instead the information is often gathered from other sources. To the extent that [God’s Own Food Solutions Pvt Ltd (OPC)] 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. [God’s Own Food Solutions Pvt Ltd (OPC)] does not endorse the contents on any such third-party websites. [God’s Own Food Solutions Pvt Ltd (OPC)] 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; [God’s Own Food Solutions Pvt Ltd (OPC)] 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.
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 [God’s Own Food Solutions Pvt Ltd (OPC)] 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 [God’s Own Food Solutions Pvt Ltd (OPC)] 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. [God’s Own Food Solutions Pvt Ltd (OPC)] 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. [God’s Own Food Solutions Pvt Ltd (OPC)] is not liable for any damage or harm resulting from any posts by or interactions between users. [God’s Own Food Solutions Pvt Ltd (OPC)] reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content [God’s Own Food Solutions Pvt Ltd (OPC)] deems objectionable, in MuscleUP Nutrition ‘s sole discretion.
Once opened cannot be returned, need to be in original condition and should be returned within 1 week from delivery.
LIMITATION OF LIABILITY
[God’s Own Food Solutions Pvt Ltd (OPC)] 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.
[God’s Own Food Solutions Pvt Ltd (OPC)] 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 [God’s Own Food Solutions Pvt Ltd (OPC)], 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 [God’s Own Food Solutions Pvt Ltd (OPC)]. When [God’s Own Food Solutions Pvt Ltd (OPC)] is threatened with suit or sued by a third party, [God’s Own Food Solutions Pvt Ltd (OPC)] may seek written assurances from you concerning your promise to indemnify [God’s Own Food Solutions Pvt Ltd (OPC) your failure to provide such assurances may be considered by [God’s Own Food Solutions Pvt Ltd (OPC)] to be a material breach of this Agreement. [God’s Own Food Solutions Pvt Ltd (OPC)] 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 [God’s Own Food Solutions Pvt Ltd (OPC)] choice at its expense. [God’s Own Food Solutions Pvt Ltd (OPC)] 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 [God’s Own Food Solutions Pvt Ltd (OPC)] against any claim, but you must receive [God’s Own Food Solutions Pvt Ltd (OPC)] 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.
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. [God’s Own Food Solutions Pvt Ltd (OPC)] 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. [God’s Own Food Solutions Pvt Ltd (OPC)] 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 [God’s Own Food Solutions Pvt Ltd (OPC)] and supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver. The failure of [God’s Own Food Solutions Pvt Ltd (OPC)] 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 originates from the Ernakulam, Kochi, Kerala. This Agreement will be governed by the laws of the State of [Kerala] without regard to its conflict of law principles to the contrary. Neither you nor [God’s Own Food Solutions Pvt Ltd (OPC)] 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 Kerala. 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. [God’s Own Food Solutions Pvt Ltd (OPC)] 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 [God’s Own Food Solutions Pvt Ltd (OPC)] 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, [God’s Own Food Solutions Pvt Ltd (OPC)] 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 [God’s Own Food Solutions Pvt Ltd (OPC)] chooses, in its sole discretion and without advance to you, to terminate it.
Domestic Use. [God’s Own Food Solutions Pvt Ltd (OPC)] 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. [God’s Own Food Solutions Pvt Ltd (OPC)] 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.