I. PRIVACY POLICY
[WER4U TECHNO PVT.LTD.] believes strongly in protecting user privacy and providing you with notice of MuscleUP Nutrition 's use of data. Please refer to [WER4U TECHNO PVT.LTD.] privacy policy, incorporated by reference herein, that is posted on the Website/App.
II. AGREEMENT TO BE BOUND
By using this Website/App or ordering Products or obtaining services, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website/App.
III. GENERAL
Force Majeure. [WER4U TECHNO PVT.LTD.] 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, pandemic situation, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
Cessation of Operation. [WER4U TECHNO PVT.LTD.] 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 [WER4U TECHNO PVT.LTD.] and supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver. The failure of [WER4U TECHNO PVT.LTD.] 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/App originates from the [Kolkata, West Bengal]. This Agreement will be governed by the laws of the State/Nation of [INFORMATION TECHNOLOGY ACT,2000 AS AMENDED UPTO DATE AND ITS RULES] without regard to its conflict of law principles to the contrary. Neither you nor [WER4U TECHNO PVT.LTD.] 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 [WEST BENGAL]. By using this Website/App or ordering Products/ obtaining Services, 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/App or Products/Services or this Agreement must be filed within 72 (Seventy Two) hours 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.
IV. TERMINATION
[WER4U TECHNO PVT.LTD.] 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 [WER4U TECHNO PVT.LTD.] may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products and services. If your access to the Website/App is terminated, [WER4U TECHNO PVT.LTD.] 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 [WER4U TECHNO PVT.LTD.] chooses, in its sole discretion and without advance to you, to terminate it.
V. DOMESTIC USE
[WER4U TECHNO PVT.LTD.] makes no representation that the Website/App or Products/Services 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 local laws.
Assignment. You may not assign your rights and obligations under this Agreement to anyone. [WER4U TECHNO PVT.LTD.] may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
VI. CANCELLATION AND REFUND
Cancellation of order is not possible once the payment has been made. No refunds will be given except in the event of cancellation or non-performance of service by WER4U Techno Private Limited.
BY USING THIS WEBSITE/APP OR ORDERING PRODUCTS/OBTAINING SERVICES FROM THIS WEBSITE /APP YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.