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LAST REVISION: 17TH APRIL 2019
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS AND SERVICES 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, https://nadichikitsa.com, Nadichikitsa Wellness (OPC) Pvt. Ltd., (“Business Name”) offer of Products and Services and services for purchase on this Website, or your purchase of Products and Services and services available on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. Nadichikitsa Wellness (OPC) Pvt. Ltd., 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. Nadichikitsa Wellness (OPC) Pvt. Ltd., 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. Nadichikitsa Wellness (OPC) Pvt. Ltd., 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 Nadichikitsa Wellness (OPC) Pvt. Ltd., for other Products and Services 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 and Services. By placing an order for Products and Services through this Website, you agree to the terms set forth in this Agreement.
Courier Services: Nadichikitsa Wellness (OPC) Pvt Ltd., does not accept or offer to courier its physical products that are purchased from an address outside the Union Territory of India or given an address to be couriered to an address that is outside the Union Territory of India. If certain areas in India are not serviced by National or Private Courier agencies, Nadichikitsa Wellness (OPC) Pvt. Ltd., does not take responsibility to courier the ordered products. A final decision to process or cancel such orders will be taken by Nadichikitsa Wellness (OPC) Pvt. Ltd,.
Prepayment for Services: Nadichikitsa Wellness (OPC) Pvt. Ltd., may offer from time to time, promotional offers and discounts on prepayment towards any one or several of their services. When you opt for one or more than one of such promotions and offers through pre-payment, such services must be availed within the stipulated time frame of 30 days from date of purchase of the services failing which the amounts paid as pre-payment will not be refunded. A written request within the 30 days from the date of purchasing the services can be sent to Nadichikitsa Wellness (OPC) Pvt. Ltd., via email to [email protected] so that the timeframe of availing such services may be extended to a further period of 30 days from the date of receiving such written request. Nadichikitsa Wellness (OPC) Pvt. Ltd., will not accept written requests after the expiry of 30 days from the date of purchase of the services has elapsed. Nadichikitsa Wellness (OPC) Pvt. Ltd., has the right to close and terminate such contracts after expiry of the stipulated period of 30 days without sending out any mode of communication to the client.
Prepayment for Training Courses and Workshops: Nadichikitsa Wellness (OPC) Pvt. Ltd., may offer from time to time, promotional offers and discounts on its training courses and workshops. When you opt for one or more than one of such promotions and offers through pre-payment, such services must be availed for the specific training course of workshop date and time for which it was purchased failing which the amounts paid as pre-payment will not be refunded. A written request within the 30 days from the date of purchasing the offer or 7 days before the commencement of the particular training course or workshop whichever is earlier, can be sent to Nadichikitsa Wellness (OPC) Pvt. Ltd., via email to [email protected] so that the amount can be adjusted towards a future training course or workshop. Nadichikitsa Wellness (OPC) Pvt. Ltd., will not accept written requests after the expiry of 30 days from the date of purchase of the training course or workshop has elapsed. Nadichikitsa Wellness (OPC) Pvt. Ltd., has the right to close and terminate such contracts after expiry of the stipulated period of 30 days if the client does not communicate with Nadichikitsa Wellness (OPC) Pvt. Ltd., or its directors and representatives as written communication through email sent to [email protected], without sending out any mode of communication to the client.
Customer Solicitation: Unless you notify us directly, of your desire to opt out from further direct company communications and solicitations through SMS, Whatsapp messages and emails, you are agreeing to continue to receive further SMS’s, WhatsApp messages and emails and call solicitations from Nadichikitsa Wellness (OPC) Pvt. Ltd., 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: [email protected] or directly reply through WhatsApp or SMS communication.
3. You may also send a written remove request to Nadichikitsa Wellness (OPC) Pvt. Ltd., No. 60/4, 17th Cross, Malleswaram, Bangalore 560055.
Proprietary Rights: Nadichikitsa Wellness (OPC) Pvt. Ltd., has proprietary rights and trade secrets in the Products and Services. You may not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by Nadichikitsa Wellness (OPC) Pvt. Ltd.,. Nadichikitsa Wellness (OPC) Pvt. Ltd., 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 and Services, you will be responsible for paying any applicable sales tax.
Content: Intellectual Property; Third Party Links. In addition to making Products and Services 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. Nadichikitsa Wellness (OPC) Pvt. Ltd., does not always create the information offered on this Website; instead the information is often gathered from other sources. To the extent that Nadichikitsa Wellness (OPC) Pvt. Ltd., 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. Nadichikitsa Wellness (OPC) Pvt. Ltd., does not endorse the contents on any such third-party websites. Nadichikitsa Wellness (OPC) Pvt. Ltd., 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: Nadichikitsa Wellness (OPC) Pvt. Ltd., 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 authorisation from Nadichikitsa Wellness (OPC) Pvt. Ltd., 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 Nadichikitsa Wellness (OPC) Pvt. Ltd., 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. Nadichikitsa Wellness (OPC) Pvt. Ltd., 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. Nadichikitsa Wellness (OPC) Pvt. Ltd., is not liable for any damage or harm resulting from any posts by or interactions between users. Nadichikitsa Wellness (OPC) Pvt. Ltd., reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content Nadichikitsa Wellness (OPC) Pvt. Ltd., deems objectionable, in MuscleUP Nutrition ‘s sole discretion.
Most of the modern day interactive web sites
to enable the functionality of this area and ease of use for those people visiting. Some of our
Unless otherwise stated, Nadichikitsa Wellness (OPC) Pvt Ltd and/or it’s licensors own the intellectual property rights for
all material on Nadichikitsa Wellness (OPC) Pvt Ltd. All intellectual property rights are reserved. You may view and/or print
pages from https://nadichikitsa.com for your own personal use subject to restrictions set in these terms and conditions.
You must not:
Redistribute content from Nadichikitsa Wellness (OPC) Pvt Ltd (unless content is specifically made for redistribution).
We will approve link requests from these organizations if we determine that: (a) the link would not reflect
unfavorably on us or our accredited businesses (for example, trade associations or other organizations
representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed
to link); (b)the organization does not have an unsatisfactory record with us; (c) the benefit to us from
the visibility associated with the hyperlink outweighs the absence of link is in the context of general resource information or is otherwise consistent with editorial content
in a newsletter or similar product furthering the mission of the organization.
These organisations may link to our home page, to publications or to other Web site information so long as
the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval
of the linking party and it products or services; and (c) fits within the context of the linking party’s
If you are among the organisations listed in paragraph 2 above and are interested in linking to our website,
you must notify us by sending an e-mail to [email protected].
Please include your name, your organisation name, contact information (such as a phone number and/or e-mail
address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site,
and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.
Approved organizations may hyperlink to our Web site as follows:
No use of Nadichikitsa Wellness (OPC) Pvt Ltd’s logo or other artwork will be allowed for linking absent a trademark license
Without prior approval and express written permission, you may not create frames around our Web pages or
use other techniques that alter in any way the visual presentation or appearance of our Web site.
We reserve the right at any time and in its sole discretion to request that you remove all links or any particular
link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also
reserve the right to amend these terms and conditions and its linking policy at any time. By continuing
to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.
If you find any link on our Web site or any linked web site objectionable for any reason, you may contact
us about this. We will consider requests to remove links but will have no obligation to do so or to respond
directly to you.
Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness
or accuracy; nor do we commit to ensuring that the website remains available or that the material on the
website is kept up to date.
We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify
and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any
page on your Web site or within any context containing content or materials that may be interpreted as
libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or
other violation of, any third party rights.
III. DISCLAIMER OF WARRANTIES
YOUR USE OF THIS WEBSITE AND/OR Products and Services ARE AT YOUR SOLE RISK. THE WEBSITE AND Products and Services ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Nadichikitsa Wellness OPC Pvt. Ltd., 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 and Services OR WEBSITE CONTENT, OR ANY RELIANCE UPON OR USE OF THE WEBSITE CONTENT OR Products and Services. (“Products and Services” INCLUDE TRIAL Products and Services.)
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NADICHIKITSA WELLNESS (OPC) PVT. LTD., 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 AND SERVICES OR THAT DEFECTS IN PRODUCTS AND SERVICES WILL BE CORRECTED.
REGARDING ANY PRODUCTS AND SERVICES 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
NADICHIKITSA WELLNESS (OPC) PVT. LTD., ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO THE WEBSITE CONTENT AND PRODUCTS AND SERVICES AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID, LESS SHIPPING AND HANDLING, FOR PRODUCTS AND SERVICES PURCHASED VIA THE WEBSITE.
NADICHIKITSA WELLNESS (OPC) PVT. LTD., WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS AND SERVICES IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE WEBSITE CONTENT OR PRODUCTS AND SERVICES; (2) THE COST OF PROCURING SUBSTITUTE PRODUCTS AND SERVICES OR CONTENT; (3) ANY PRODUCTS AND SERVICES 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 Nadichikitsa Wellness (OPC) Pvt. Ltd., 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 and Services or your use of the Products and Services (including Trial Products and Services); (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 Nadichikitsa Wellness (OPC) Pvt. Ltd,. When Nadichikitsa Wellness (OPC) Pvt. Ltd., is threatened with suit or sued by a third party, Nadichikitsa Wellness (OPC) Pvt. Ltd., may seek written assurances from you concerning your promise to indemnify Nadichikitsa Wellness (OPC) Pvt. Ltd., your failure to provide such assurances may be considered by Nadichikitsa Wellness (OPC) Pvt. Ltd., to be a material breach of this Agreement. Nadichikitsa Wellness (OPC) Pvt. Ltd., 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 and Services, with counsel of Nadichikitsa Wellness (OPC) Pvt. Ltd., choice at its expense. Nadichikitsa Wellness (OPC) Pvt. Ltd., 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 Nadichikitsa Wellness (OPC) Pvt. Ltd., against any claim, but you must receive Nadichikitsa Wellness (OPC) Pvt. Ltd., 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 and Services.
VI. AGREEMENT TO BE BOUND
By using this Website or ordering Products and Services, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.
Force Majeure. Nadichikitsa Wellness (OPC) Pvt. Ltd., 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. Nadichikitsa Wellness (OPC) Pvt. Ltd., may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products and Services and services.
Entire Agreement. This Agreement comprises the entire agreement between you and Nadichikitsa Wellness (OPC) Pvt. Ltd., and supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver. The failure of Nadichikitsa Wellness (OPC) Pvt. Ltd., 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 endeavour 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 Nadichikitsa Wellness (OPC) Pvt. Ltd., 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 and Services, 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 and Services 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. Nadichikitsa Wellness (OPC) Pvt. Ltd., 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 Nadichikitsa Wellness (OPC) Pvt. Ltd., may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products and Services. If your access to the Website is terminated, Nadichikitsa Wellness (OPC) Pvt. Ltd., 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 Nadichikitsa Wellness (OPC) Pvt. Ltd., chooses, in its sole discretion and without advance to you, to terminate it.
Domestic Use. Nadichikitsa Wellness (OPC) Pvt. Ltd., makes no representation that the Website or Products and Services 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. Nadichikitsa Wellness (OPC) Pvt. Ltd., 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 AND SERVICES FROM THIS WEBSITE YOU AGREE
TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a)
are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or
in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort
(including negligence) and for breach of statutory duty.
To the extent that this website and the information and services on this website are provided free of charge,
we will not be liable for any loss or damage of any nature.
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