Terms & Conditions
TERMS OF SERVICE AGREEMENT
LAST REVISION: [August-01-2022]
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.pisarv.com (the "Website"), Pisarv Technologies LLP ("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. Pisarv Technologies LLP
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. Pisarv
Technologies LLP 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. Pisarv
Technologies LLP 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 Pisarv Technologies LLP 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 details of all products (the "Products"). By
coming to 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 Pisarv Technologies LLP 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 Pisarv Technologies LLP 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: info@pisarv.com.
3. You may send a written remove request to Suite 404, Shalimar Swayam,
Kabitkhedi, Indore – 452001.
Proprietary Rights. Pisarv Technologies LLP has proprietary rights and trade secrets
in the Products. You may not copy, reproduce, resell or redistribute any Product
manufactured and/or distributed by Pisarv Technologies LLP. Pisarv Technologies
LLP 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.
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. Pisarv Technologies LLP does not always
create the information offered on this Website; instead the information is often
gathered from other sources. To the extent that Pisarv Technologies LLP 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. Pisarv
Technologies LLP does not endorse the contents on any such third-party websites.
Pisarv Technologies LLP 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; Pisarv Technologies LLP 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 Pisarv Technologies LLP 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 Pisarv Technologies LLP 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. Pisarv
Technologies LLP 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. Pisarv
Technologies LLP is not liable for any damage or harm resulting from any posts by
or interactions between users. Pisarv Technologies LLP reserves the right, but has
no obligation, to monitor interactions between and among users of the Website and
to remove any content Pisarv Technologies LLP 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. Pisarv Technologies LLP 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, Pisarv
Technologies LLP 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
Pisarv Technologies LLP 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.
Pisarv Technologies LLP 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 Pisarv Technologies LLP, 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 Pisarv Technologies LLP. When Pisarv Technologies LLP is threatened
with suit or sued by a third party, Pisarv Technologies LLP may seek written
assurances from you concerning your promise to indemnify Pisarv Technologies
LLP; your failure to provide such assurances may be considered by Pisarv
Technologies LLP to be a material breach of this Agreement. Pisarv Technologies
LLP 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 Pisarv
Technologies LLP choice at its expense. Pisarv Technologies LLP 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 Pisarv Technologies LLP against any
claim, but you must receive Pisarv Technologies LLP 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.
VI. PRIVACY
Pisarv Technologies LLP believes strongly in protecting user privacy and providing
you with notice of MuscleUP Nutrition 's use of data. Please refer to Pisarv
Technologies LLP 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. Pisarv Technologies LLP 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. Pisarv Technologies LLP 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 Pisarv Technologies LLP and supersedes any prior agreements pertaining to
the subject matter contained herein.
Effect of Waiver. The failure of Pisarv Technologies LLP 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; Indore Jurisdiction. This Website originates from the Indore, Madhya
Pradesh. This Agreement will be governed by the laws of the State of Madhya
Pradesh without regard to its conflict of law principles to the contrary. Neither you
nor Pisarv Technologies LLP 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 Madhya Pradesh. 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. Pisarv Technologies LLP 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 Pisarv Technologies LLP 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, Pisarv Technologies LLP
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 Pisarv Technologies LLP chooses, in its sole discretion and without
advance to you, to terminate it.
Domestic Use. Pisarv Technologies LLP 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. Pisarv Technologies LLP may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
Assignment. You may not assign your rights and obligations under this Agreement to anyone. Pisarv Technologies LLP may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
DND – By using this website or ordering products from this website you hereby
authorize and give consent to Pisarv Technologies LLP to send me, either through
itself or through any third party service provider, from time to time various
information/alerts/SMS/other messages or calls or commercial communication and
other services on the aforesaid listed telephone numbers, whether these numbers
are registered with National Do Not Call Registry/ listed in National Customer
Preference Register or not. I also confirm that by sending any of such
messages/calls, I will not hold Pisarv Technologies LLP or its third-party service
providers liable/institute complaint under the Telecom Commercial Communications
Customer Preference (TRAI) Regulations, 2010 or such other applicable regulations
including any amendment thereof, as may be applicable from time to time
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.