LAST REVISION: 26-07-2020
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
This Terms of Service Agreement (the “Agreement”) governs your use of this
website, theindiandiva.com, TheIndianDiva 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. TheIndianDiva 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. TheIndianDiva 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. TheIndianDiva encourages
you to review this Agreement whenever you visit the Website to make sure that you
understand the terms and conditions governing the 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 TheIndianDiva 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 of certain products (A). 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
TheIndianDiva 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 TheIndianDiva and its
designated in house or third party call team(s).
Opt-Out Procedure: We provide 3 easy ways to opt-out from future solicitations.
- You may use the opt-out link found in any email solicitation that you may receive.
- You may also choose to opt-out, via sending your email address to: firstname.lastname@example.org.
- You may send a written remove request to email@example.com.
Proprietary Rights. TheIndianDiva has proprietary rights and trade secrets in the
Products. You may not copy, reproduce, resell, or redistribute any Product
manufactured and/or distributed by TheIndianDiva. TheIndianDiva 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. TheIndianDiva does not always create
the information offered on this Website; instead, the information is often gathered
from other sources. To the extent that TheIndianDiva does create the content on
this Website, such content is protected by intellectual property laws of 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. TheIndianDiva does
not endorse the contents on any such third-party websites. TheIndianDiva 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: TheIndianDiva 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 the 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 TheIndianDiva 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 TheIndianDiva 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. TheIndianDiva
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. TheIndianDiva is not liable for any
damage or harm resulting from any posts by or interactions between users.
TheIndianDiva reserves the right but has no obligation, to monitor interactions
between and among users of the Website and to remove any content TheIndianDiva deems objectionable, in TheIndianDiva’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. TheIndianDiva 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, TheIndianDiva
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
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
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO
IV. LIMITATION OF LIABILITY
TheIndianDiva ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW,
IN EQUITY, OR OTHERWISE, 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.
TheIndianDiva 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 TheIndianDiva, 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 rights of any person or entity; (5) your
violation of any provision of this Agreement; or (6) any information or data you
supplied to TheIndianDiva. When TheIndianDiva is threatened with suit or sued
by a third party, TheIndianDiva may seek written assurances from you concerning
your promise to indemnify TheIndianDiva; your failure to provide such assurances
maybe considered by TheIndianDiva to be a material breach of this Agreement.
TheIndianDiva 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 TheIndianDiva choice at its expense. TheIndianDiva 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 TheIndianDiva against any claim, but
you must receive TheIndianDiva 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. 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
Force Majeure. TheIndianDiva 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, the act of
God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
Cessation of Operation. TheIndianDiva may at any time, in its sole discretion and
without advance notice to you, cease operation of the Website and distribution of the
Entire Agreement. This Agreement comprises the entire agreement between you
and TheIndianDiva and supersedes any prior agreements pertaining to the subject
the matter contained herein.
Effect of Waiver. The failure of TheIndianDiva 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 remains in full force and effect.
Governing Law; Jurisdiction. This Website originates from Delhi, India. This
agreement will be governed by the laws of the State of Delhi without
regard to its conflict of law principles to the contrary. Neither you nor TheIndianDiva 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 the State of Delhi. 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
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. TheIndianDiva 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 TheIndianDiva 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, TheIndianDiva reserves the right to exercise
whatever means it deems necessary to prevent unauthorized access to the Website.
This Agreement will survive indefinitely unless and until TheIndianDiva chooses,
in its sole discretion and without advance to you, to terminate it.
Domestic Use. TheIndianDiva 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. TheIndianDiva 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
TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.