TERMS OF SERVICE AGREEMENT
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. NutraSphere & www.nutrasphere.in is a brand owned and operated by Zantech. This terms of service agreement (the “agreement”) governs your use of this website, www.nutrasphere.in (hereafter referred to as “NutraSphere.in” or the “website”), Zantech’s 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. By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page.
Zantech 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 (www.Nutrasphere.in). Zantech 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 of any such changes or of a revised agreement will constitute your acceptance of any such changes or revisions. Zantech 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 Zantech 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. By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
Terms of offer: This website offers for sale certain products (hereafter referred to as the “products”). By placing an order for products through this website, you agree to the terms set forth in this agreement. Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. The website may run special offers on certain products from time to time. Zantech reserves the right to change/extend/curtail, the validity period, discount amount and any such particulars of the special offers at any time. We reserve the right to refuse service to anyone for any reason at any time.
Customer solicitation: Unless you notify our sales reps, while they are calling you, of your desire to opt out from furtherdirect company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations from Zantech, www.Nutrasphere.in and its designated in house or third party call team(s).
Opt out procedure: We provide 3 easy ways to opt out of 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, by sending an email to: customercare@Nutrasphere.in with subject line ‘Opting Out Of Email Solicitations’ and while mentioning your email address or customer log in.
3. You may send a written remove request to our company address: Zantech, B-2, Bima Nagar, M. V. Road, Opp. Vishal Hall, Andheri East, Mumbai – 400069.
Proprietary rights: Zantech has proprietary rights and trade secrets in the products sold on www.Nutrasphere.in. You may not copy, reproduce, resell or redistribute any product manufactured and/or distributed by Zantech. Zantech 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. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
Statutory Government Tax Liability: If you purchase any products, you will be responsible for paying any applicable statutory government taxes.
III. Website- www.Nutrasphere.in
Content: 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. Zantech does not always create the information offered on this website; instead the information is often gathered from other sources. To the extent that Zantech 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. We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Intellectual property: Nutrasphere.in, the logo, and other Nutrasphere.in graphics, logos, designs, page headers, button icons, scripts, product design, product names and service names are registered trademarks or trade address of Zantech in India and/or other countries. Nutrasphere.in trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion. Users shall not use our graphics, logos, content, appearance, design, functionality and any other aspects of the site and the services in any manner that could cause confusion or could disparage or discredit NutraSphere, Nutrasphere.in or Zantech. Other than user uploaded content, all content included on the site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Nutrasphere.in or its content suppliers and is protected by copyright laws. The compilation of all content on the site is the exclusive property of Zantech and protected by India and International copyright laws.
Use of website: Zantech 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 5. not defame, harass, abuse, or disrupt other users of the website and 6. not transmit any worms or viruses or any code of a destructive nature. Password: Nutrasphere.in may assign, or require that you have, a password and username to enable you to use and access certain portions and features of this site. Keep your password secure. You are fully and solely responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality and/or to restrict access to your computer. You will be solely responsible for activities by anyone using the account or password assigned to you, including without limitation, all communications and transmissions and all financial obligations incurred through the use of our site. You agree to immediately notify Nutrasphere.in of any unauthorized use of your password and/or account identification/username or any breach of security. You also agree that Nutrasphere.in and/ or Zantech cannot and will not be liable for any loss or damage arising from your failure to keep your password secure.
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 reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this site or any portion of it by any means, unless expressly permitted by Nutrasphere.in You may not use the site or any materials obtained from the site to develop, or as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, lease, license, rental, subscription, or any other commercial distribution mechanism. You also may not “mirror” or “frame” any material contained on the site on any other server. You may not use any manual or automated software, devices, or other processes to “crawl” or “spider” any web pages contained in the site. You may not monitor or copy, or allow others to monitor or copy, our web pages or the content included herein. Furthermore, you agree not to take any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access or transmission or activation of computer viruses. You shall not upload to, distribute, or otherwise publish on our site any content, information, or other material that:
1. violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person or organization, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Nutrasphere.in all of the license rights granted herein;
2. is libellous, threatening, defamatory, obscene, indecent, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, or could give rise to any civil or criminal liability under India or International law;
3. includes any bugs, viruses, worms, trap doors, trojan horses or other harmful code or properties,
Posting: Users may post reviews and comments on the site. Anything that you submit or post to the site and/or provide us (the “submissions”), is and will be treated as non-confidential and non-proprietary. By posting, storing, or transmitting any content on the website, you hereby grant Nutrasphere.in and/ or Zantech 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. You may edit or delete such submissions using the tools provided to you by us on the site. In addition, when you post submissions to the site, you also grant us the right to use the name that you submit with any review, comment, or other content, if any, in connection with such review, comment, or other content. You represent and warrant that you ownor otherwise control all of the rights to the submissions that you post on our site and that use of your reviews, comments, or other submissions by us will not infringe upon or violate the rights of any third party. You shall not use a false e-mail address, pretend to be someone other than you or otherwise mislead us, our affiliates or third parties as to the origin of any submissions. Zantech 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. Zantech is not liable for any damage or harm resulting from any posts by or interactions between users. Zantech reserves the right, but has no obligation, to monitor interactions between and among users of the website and to remove any content Zantech deems objectionable, in Zantech’s sole discretion. If you are posting about NutraSphere products as part of an influencer campaign on social media, you will agree to post only the content that has been provided to you, with no modifications to the product details, brand names, logo, design, dress, or product information. Zantech and/or NutraSphere is not liable for any damage or harm resulting from any posts by or interactions between you and/or users on your posts on social media.
Disclaimer of warranties (Your warranties about use):You warrant to us that you will not purchase any products through the site which may be harmful based on your allergies (including, without limitation, allergies to peanuts) and/or other medical conditions. You warrant to us that you will properly investigate whether the ingredients of a particular product are suitable for you. 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. Zantech expressly disclaims all warranties of anykind, 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 and exclusive products that are part of seasonal/special/occasional offers or sale.) Without limiting the generality of the foregoing, Zantech makes no warranty:
1. That the information provided on this website is accurate, reliable, complete, or timely.
2. That the links to third-party websites are to information that is accurate, reliable, complete, or timely.
3. No advice or information, whether oral or written, obtained by you from this website will create any warranty not expressly stated herein.
4. That the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations
5. As to the results that may be obtained from the use of the products or that defects in products will be corrected 6. Regarding any products purchased or obtained through the website. In addition, to the maximum extent allowable by applicable law, Nutrasphere.in and/ or Zantech and its subsidiaries, affiliates, officers, directors, employees, shareholders and agents specifically disclaim all liability resulting from personal injury and/or death resulting from, or arising out of, your use or consumption of products obtained through the site or in connection with the services. Such disclaimer shall include, without limitation, mislabelling of products and/or ingredients. In any such situation, your sole recourse shall be against the manufacturer of the product. Without limiting the foregoing, we do not guarantee continuous, uninterrupted access to the site or the services, and operation of the site may be interfered with by numerous factors outside our control. 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
In no event shall Nutrasphere.in and/ or Zantech, and (as applicable) Nutrasphere.in’s subsidiaries, officers, directors, employees or Nutrasphere.in’s suppliers or sellers be liable for any damages whatsoever, whether direct, indirect, general, special, punitive, compensatory, consequential, incidental, or any other damages of any kind, whether in an action in contract or negligence, arising out of or relating to the conduct of you or anyone else in connection with this agreement or the products in any manner, including liabilities resulting from: 1. The use of, or the inability to use, the site, the content, the products, the services, any third party site; 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, bodily injury, emotional distress, or any special, incidental or consequential damages you allege. Zantech’s 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 tothe amount you paid, less shipping and handling, for products purchased via the website. 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 Zantech, 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 Zantech.
When Zantech is threatened with suit or sued by a third party, Zantech may seek written assurances from you concerning your promise to indemnify Zantech; your failure to provide such assurances may be considered by Zantech to be a material breach of this agreement. Zantech 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 Zantech’s choice at its expense. Zantech 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 Zantech against any claim, but you must receive Zantech’s 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.
VII. 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: Zantech 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: Zantech 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 Zantech and supersedes any prior agreements pertaining to the subject matter contained herein. Effect of waiver:
The failure of Zantech 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, jurisdiction: This website originates from Mumbai, Maharashtra, India. This agreement will be governed by the laws of the city of Mumbai, state of Maharashtra and country of India, without regard to its conflict of law principles to the contrary. Neither you nor Zantech 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 city of Mumbai. 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.
Copyright complaints: We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on our site or in connection with the services any materials that violate another party’s intellectual property rights. When we receive proper notification of alleged copyright infringement, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers. If you believe that any content on the site may give rise to copyright infringement, please provide Nutrasphere.in with the written information specified below:1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
2. A description of the copyrighted work that you claim has been infringed upon;
3. a description of where the material that you claim is infringing is located on the site, including the product name, if applicable;
4. your address, telephone number, and e-mail address;
5. a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. 7. Please send notices to customerservice@Nutrasphere.in. Resolution of disputes and Release: In the event a dispute arises between you and Nutrasphere.in, please contact us at customerservice@Nutrasphere.in. Should you have a dispute with one or more users, a manufacturer of any product sold through our site, or an outside party, you release Nutrasphere.in and/ or Zantech (and Nutrasphere.in and/ or Zantech’s officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Nutrasphere.in and/or Zantech, for the benefit of users, may try to help users resolve disputes. We do so in our sole discretion, and we have no obligation to resolve disputes between users or between users and outside parties. To the extent that we attempt to resolve a dispute, we will do so in good faith based solely on our policies. We will not make judgments regarding legal issues or claims.
Domestic use: Zantech 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. Zantech may assign its rights and obligations under this agreement in its sole discretion and without advance notice to you.
Notices: All notices to users will be sent by e-mail or will be posted on the site. We will send notices to users at the e-mail address maintained in Nutrasphere.in ‘s records for the user, which the buyers can update by logging into their account and editing their information. E-mail notices are deemed written notices for all purposes for which written notices may be required. E-mail notices are deemed received the business day after transmission if properly addressed to the intended recipient. 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.