Terms & Conditions
OF SERVICE AGREEMENT
LAST REVISION: 31-05-2018
PLEASE READ THIS TERM 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
This Terms of Service
Agreement (the "Agreement") governs your use of this website, www.weaversgallery.com
(the "Website"), Weavers Gallery("Weavers Gallery") 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. Weavers Gallery
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. Weavers Gallery 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. Weavers Gallery 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 Weavers
Gallery 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.
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
Customer Solicitation: Unless you notify our
third party call center reps or direct Weavers
Gallery 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 Weavers Gallery 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 Company Address as mentioned on the website.
Proprietary Rights. Weavers Gallery has proprietary rights and trade
secrets in the Products. You may not copy, reproduce, resell or redistribute any
Product manufactured and/or distributed by Weavers
Gallery. Weavers Gallery 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, about nutritional and dietary supplements. Weavers Gallery does not
always create the information offered on this Website; instead the information
is often gathered from other sources. To the extent that Weavers Gallery 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. Weavers Gallery does not endorse the contents
on any such third-party websites. Weavers Gallery 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; Weavers Gallery 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 Weavers Gallery 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 Weavers Gallery
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. Weavers Gallery
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. Weavers Gallery is
not liable for any damage or harm resulting from any posts by or interactions
between users. Weavers Gallery reserves the right, but has no obligation, to
monitor interactions between and among users of the Website and to remove any
content Weavers Gallery deems objectionable, in MuscleUP Nutrition 's sole
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. Weavers
Gallery 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, Weavers Gallery MAKES NO
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.
LIMITATION OF LIABILITY
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.
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 Weavers Gallery, 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 Weavers
Gallery. When Weavers Gallery is threatened with suit or sued by a third party,
Weavers Gallery may seek written assurances from you concerning your promise to
indemnify Weavers Gallery; your failure to provide such assurances may be
considered by Weavers Gallery to be a material breach of this Agreement. Weavers
Gallery 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 Weavers Gallery choice at its expense. Weavers Gallery
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 Weavers Gallery
against any claim, but you must receive Weavers Gallery 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
believes strongly in protecting user privacy and providing you with notice of
MuscleUP Nutrition 's use of data. Please refer to Weavers Gallery privacy
policy, 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. Weavers Gallery 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. Weavers Gallery 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 Weavers
Gallery and supersedes any prior agreements pertaining to the subject
matter contained herein.
Effect of Waiver. The failure of Weavers Gallery 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
This Website originates from the Bhagalpur, Bihar. This Agreement will be
governed by the laws of the State of Bihar without regard to its conflict of
law principles to the contrary. Neither you nor Weavers
Gallery 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 Bihar. 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. Weavers Gallery 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 Weavers Gallery 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, Weavers
Gallery 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 Weavers Gallery chooses,
in its sole discretion and without advance to you, to terminate it.
Domestic Use. Weavers
Gallery 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. Weavers Gallery may assign its
rights and obligations under this Agreement in its sole discretion and without
advance notice to you.
USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE
TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.