TERMS AND CONDITIONS
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, [guitarkaksha.com] (the
"Website"), Guitar Kaksha ("Guitar Kaksha") 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. Guitar Kaksha 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.
Guitar Kaksha 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. Guitar Kaksha 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 Guitar Kaksha 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 for sale certain products (the "Products"). 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 Guitar
Kaksha 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 Guitar Kaksha 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: [email protected].
Proprietary Rights. Guitar Kaksha has proprietary rights and trade secrets in the
Products. You may not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by
Guitar Kaksha. Guitar Kaksha 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.
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. Guitar Kaksha
does not always create the information offered on this Website; instead the information is often gathered
from other sources. To the extent that Guitar Kaksha 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. Guitar Kaksha does not endorse the contents on any
such third-party websites. Guitar Kaksha 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; Guitar Kaksha 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 Guitar Kaksha 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 Guitar Kaksha 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. Guitar Kaksha 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. Guitar Kaksha is
not liable for any damage or harm resulting from any posts by or interactions between users. Guitar Kaksha
reserves the right, but has no obligation, to monitor interactions between and among users of the Website
and to remove any content Guitar Kaksha 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. Guitar Kaksha 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, Guitar Kaksha 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
Guitar Kaksha 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.
Guitar Kaksha 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 Guitar Kaksha, 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 Guitar Kaksha. When Guitar Kaksha is threatened with suit or sued by a third party, Guitar Kaksha may seek written assurances from you concerning your promise to indemnify Guitar Kaksha; your failure to provide such assurances may be considered by Guitar Kaksha to be a material breach of this Agreement. Guitar Kaksha 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 Guitar Kaksha choice at its expense. Guitar Kaksha 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 Guitar Kaksha against any claim, but you must receive Guitar Kaksha 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
Guitar Kaksha believes strongly in protecting user privacy and providing you with notice of MuscleUP Nutrition 's use of data. Please refer to Guitar Kaksha 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. Guitar Kaksha 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. Guitar Kaksha 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 Guitar Kaksha and supersedes
any prior agreements pertaining to the subject matter contained herein
Effect of Waiver. The failure of Guitar Kaksha 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 the Dehradun, Uttarakhand. This Agreement will be
governed by the laws of the State of Uttarakhand without regard to its conflict of law principles to the
contrary. Neither you nor Guitar Kaksha 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
Uttarakhand. 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. Guitar Kaksha 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 Guitar Kaksha 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, Guitar Kaksha 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 Guitar
Kaksha chooses, in its sole discretion and without advance to you, to terminate it.
Domestic Use. Guitar Kaksha 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. Guitar Kaksha 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 AGREE
TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.