OF SERVICE AGREEMENT
PLEASE READ THIS
TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE/APP OR ORDERING
PRODUCTS FROM THIS WEBSITE/APP 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/App, WWW.ORDERWALA.CO.IN
(the "Website") and Orderwala apps, “Orderwala Technologies Private
Limited” ("Business Name") offer of products for purchase on this Website/App,
or your purchase of products available on this Website/App. This Agreement
includes, and incorporates by this reference, the policies and guidelines
referenced below. “Orderwala Technologies Private Limited” 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/App. “Orderwala
Technologies Private Limited” 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/App. Your use of the Website/App following the
posting any such changes or of a revised Agreement will constitute your
acceptance of any such changes or revisions. “Orderwala Technologies Private
Limited” encourages you to review this Agreement whenever you visit the Website/App
to make sure that you understand the terms and conditions governing use of the Website/App.
This Agreement does not alter in any way the terms or conditions of any other
written agreement you may have with “Orderwala Technologies Private Limited”
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/App. If you would like to print this Agreement, please
click the print button on your browser toolbar.
Terms of Offer. This Website/App
offers for sale certain products (the "Products"). By placing an
order for Products through this Website/App, you agree to the terms set forth
in this Agreement.
Solicitation: Unless you
notify our third party call center reps or direct “Orderwala Technologies Private Limited” 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 “Orderwala
Technologies Private Limited” and its designated in house or third party
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: [opt-out email].
3. You may send a
written remove request to [Company Address].
Proprietary Rights. “Orderwala Technologies Private Limited” has
proprietary rights and trade secrets in the Products. You may not copy,
reproduce, resell or redistribute any Product manufactured and/or distributed
by “Orderwala Technologies Private Limited”.
“Orderwala Technologies Private Limited” also
has rights to all trademarks and trade dress and specific layouts of this
webpage, including calls to action, text placement, images and other
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/App
also offers information and marketing materials. This Website/App also offers
information, both directly and through indirect links to third-party website/Apps,
about nutritional and dietary supplements. “Orderwala Technologies Private Limited”
does not always create the information offered on this Website/App; instead the
information is often gathered from other sources. To the extent that “Orderwala
Technologies Private Limited” does create the content on this Website/App, 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/App is for personal, noncommercial use. Any links to
third-party website/Apps are provided solely as a convenience to you. “Orderwala
Technologies Private Limited” does not endorse the contents on any such
third-party website/Apps. “Orderwala Technologies Private Limited” is not
responsible for the content of or any damage that may result from your access
to or reliance on these third-party website/Apps. If you link to third-party website/Apps,
you do so at your own risk.
Use of Website/App; “Orderwala
Technologies Private Limited” is not
responsible for any damages resulting from use of this website/App by anyone.
You will not use the Website/App for illegal purposes. You will (1) abide by
all applicable local, state, national, and international laws and regulations
in your use of the Website/App (including laws regarding intellectual
property), (2) not interfere with or disrupt the use and enjoyment of the Website/App
by other users, (3) not resell material on the Website/App, (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/App
License. By using
this Website/App, you are granted a limited, non-exclusive, non-transferable
right to use the content and materials on the Website/App in connection with
your normal, noncommercial, use of the Website/App. You may not copy,
reproduce, transmit, distribute, or create derivative works of such content or
information without express written authorization from “Orderwala Technologies Private Limited” or the
applicable third party (if third party content is at issue).
Posting. By posting,
storing, or transmitting any content on the Website/App, you hereby grant “Orderwala
Technologies Private Limited” 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. “Orderwala Technologies Private Limited” does not have
the ability to control the nature of the user-generated content offered through
the Website/App. You are solely responsible for your interactions with other
users of the Website/App and any content you post. “Orderwala Technologies
Private Limited” is not liable for any damage or harm resulting from any posts
by or interactions between users. “Orderwala Technologies Private Limited” reserves
the right, but has no obligation, to monitor interactions between and among
users of the Website/App and to remove any content “Orderwala Technologies
Private Limited” deems objectionable, in MuscleUP Nutrition 's sole
III. DISCLAIMER OF WARRANTIES
YOUR USE OF THIS WEBSITE/APP
AND/OR PRODUCTS ARE AT YOUR SOLE RISK. THE WEBSITE/APP AND PRODUCTS ARE OFFERED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. “Orderwala Technologies Private Limited” 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/APP
CONTENT, OR ANY RELIANCE UPON OR USE OF THE WEBSITE/APP CONTENT OR PRODUCTS.
("PRODUCTS" INCLUDE TRIAL PRODUCTS.)
WITHOUT LIMITING THE
GENERALITY OF THE FOREGOING, “Orderwala
Technologies Private Limited” MAKES NO WARRANTY:
THAT THE INFORMATION
PROVIDED ON THIS WEBSITE/APP IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
THAT THE LINKS TO
THIRD-PARTY WEBSITE/APPS ARE TO INFORMATION THAT IS ACCURATE, RELIABLE,
COMPLETE, OR TIMELY.
NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS WEBSITE/APP
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.
PRODUCTS PURCHASED OR OBTAINED THROUGH THE WEBSITE/APP.
SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS
MAY NOT APPLY TO YOU.
IV. LIMITATION OF
“Orderwala Technologies Private Limited” ENTIRE
LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHWERWISE, WITH
RESPECT TO THE WEBSITE/APP 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/APP.
“Orderwala Technologies Private Limited” 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/APP
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/APP; 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.
VI. Cancel, Return &Refunds
Customer can cancel an
order if it has not been prepared by the vendor. In such case of online payment
through payment gateway, the customer will be refunded the bill amount within
seven business working days.
You are liable to make
full payment for all orders you have made using Orderwala Technologies Private Limited’s
website and/or mobile apps - that have been dispatched.
You will release,
indemnify, defend and hold harmless “Orderwala Technologies Private Limited”,
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/App
content or your use of the Website/App 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 “Orderwala
Technologies Private Limited”. When “Orderwala Technologies Private Limited” is
threatened with suit or sued by a third party, “Orderwala Technologies Private
Limited” may seek written assurances from you concerning your promise to
indemnify “Orderwala Technologies Private Limited”; your failure to provide
such assurances may be considered by “Orderwala Technologies Private Limited” to
be a material breach of this Agreement. “Orderwala Technologies Private
Limited” 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/App content or
Products, with counsel of “Orderwala Technologies Private Limited” choice at
its expense. “Orderwala Technologies Private Limited” 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 “Orderwala Technologies Private
Limited” against any claim, but you must receive “Orderwala Technologies
Private Limited” 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/App or Products.
Technologies Private Limited” believes strongly in protecting user privacy and
providing you with notice of MuscleUP Nutrition 's use of data. Please refer to
reference herein, that is posted on the Website/App.
VI. AGREEMENT TO BE BOUND
By using this Website/App
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/App.
Force Majeure. “Orderwala Technologies Private Limited” 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.
Operation. “Orderwala Technologies Private
Limited” may at any time, in its sole discretion and without advance
notice to you, cease operation of the Website/App and distribution of the
This Agreement comprises the entire agreement between you and “Orderwala Technologies Private Limited” and
supersedes any prior agreements pertaining to the subject matter contained
Effect of Waiver. The
failure of “Orderwala Technologies Private
Limited” 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.
Jurisdiction. This Website/App originates from the [City, State]. This
Agreement will be governed by the laws of the State of [Law State Name] without
regard to its conflict of law principles to the contrary. Neither you nor “Orderwala Technologies Private Limited” 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 [State Name]. By using this Website/App 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.
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/App
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. “Orderwala Technologies Private Limited” reserves
the right to terminate your access to the Website/App 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/App and “Orderwala
Technologies Private Limited” may, in its sole discretion and without
advance notice to you, cancel any outstanding orders for Products. If your
access to the Website/App is terminated, “Orderwala
Technologies Private Limited” reserves the right to exercise whatever
means it deems necessary to prevent unauthorized access of the Website/App. This
Agreement will survive indefinitely unless and until “Orderwala Technologies Private Limited” chooses,
in its sole discretion and without advance to you, to terminate it.
Domestic Use. “Orderwala
Technologies Private Limited” makes no representation that the Website/App or
Products are appropriate or available for use in locations outside India. Users
who access the Website/App from outside India do so at their own risk and
initiative and must bear all responsibility for compliance with any applicable
Assignment. You may not assign your rights and
obligations under this Agreement to anyone. “Orderwala Technologies Private
Limited” may assign its rights and obligations under this Agreement in its sole
discretion and without advance notice to you.
BY USING THIS WEBSITE/APP OR ORDERING
PRODUCTS FROM THIS WEBSITE/APP YOU AGREE
TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.