TERMS OF SERVICE AGREEMENT
Last revision: February 6 th , 2019.
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
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
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
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
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.
Unless you notify our 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 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.
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
III. Website- www.Nutrasphere.in
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,
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.
Third party links:
Any links to third-party websites are provided solely as a convenience to you. You acknowledge
the third-party sites may provide less security than this site.
You should carefully review the respective privacy statements and other conditions of use.
Zantech does not endorse the contents on any such third-party websites. Zantech 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. Complaints, claims, concerns, or questions regarding third-party products should be directed
to the third-party.
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
dress 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.
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.
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
3. includes any bugs, viruses, worms, trap doors, trojan horses or other harmful code or
4. advertises or solicits business, or
5. impersonates another person.
above, without notice to you.
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 own
or 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.
Iii. 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 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 and exclusive products that are part of seasonal/special/occasional offers or
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
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 to
the 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
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.
Zantech believes strongly in protecting user privacy and providing you with notice of Zantech’s
posted on the website.
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.
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
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.
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.
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
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
Zantech reserves the right to terminate your access to the website and your account without prior
notice. Without limiting the foregoing, the following may lead to the termination by
Nutrasphere.in and/or Zantech of a user’s use of the site and the services:
guidelines, requests by law enforcement or other government agencies,
2. a request by you (self-initiated account deletions), and
3. unexpected technical issues or problems.
Termination of your Nutrasphere.in account includes (without liability to Nutrasphere.in):
1. removal of access to all offerings within the site and the services,
2. possible barring you from further use of our site and services, and
3. revoking all password(s) and usernames issued to or chosen by you.
Furthermore, you agree that all terminations shall be made in our sole discretion and that we shall
not be liable to you nor to any third-party for any termination of your account or access to our site
Following termination, you will not be permitted to use the website and Zantech 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, Zantech 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 Zantech chooses, in its sole discretion and without advance to you, to
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.
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.
unenforceable under applicable law, then such provision shall be excluded from these terms of
excluded and shall be enforceable in accordance with its terms; provided, however, that in such
with and permitted by applicable law, to the meaning and intention of the excluded provision as
determined by such court of competent jurisdiction.
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
BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU
AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS