Welcome to www.drpoojasharma.com (hereinafter referred as “Website” or “we” or “us”), owned and operated by NutriVibe Concepts Private Limited with its office located at A-801, Kailas Business Park, Veer Sawarkar Marg, Vikhroli W, Mumbai – 400079. The Website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms").
By using the Website, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service ("Terms"). These Terms govern your access to and use of the Website and Services and all Collective Content, and constitute a binding legal agreement between you and us
BY USING THE WEBSITE, USERS AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE USING THE WEBSITE. WHEN YOU USE THE WEBSITE, YOU AGREE TO ACCEPT THESE TERMS AND CONDITIONS OF USE.
This Website reserves the right to recover the cost of services, collection charges and lawyer’s fees from persons using the Website fraudulently. This Website reserves the right to initiate legal proceedings against such persons for fraudulent use of the Website and any other unlawful acts or omissions in breach of these terms and conditions.
IN USING THIS WEBSITE YOU ARE DEEMED TO HAVE READ AND AGREED TO THE FOLLOWING TERMS AND CONDITIONS SET FORTH HEREIN. ANY INCIDENTAL DOCUMENTS AND LINKS MENTIONED SHALL BE CONSIDERED TO BE ACCEPTED JOINTLY WITH THESE TERMS. YOU AGREE TO USE THE WEBSITE ONLY IN STRICT INTERPRETATION AND ACCEPTANCE OF THESE TERMS AND ANY ACTIONS OR COMMITMENTS MADE WITHOUT REGARD TO THESE TERMS SHALL BE AT YOUR OWN RISK. THESE TERMS AND CONDITIONS FORM PART OF THE AGREEMENT BETWEEN THE USERS AND US. BY ACCESSING THIS WEBSITE, AND/OR UNDERTAKING TO PERFORM A SERVICE BY US INDICATES YOUR UNDERSTANDING, AGREEMENT TO AND ACCEPTANCE, OF THE DISCLAIMER NOTICE AND THE FULL TERMS AND CONDITIONS CONTAINED HEREIN.
1. DEFINITIONS AND INTERPRETATION :
- “www.drpoojasharma.com” means the online hosting and facilitating platform via which clients ecan seek guidance and support for their nutritional needs.
- “User” shall mean any individual who uses the website to avail its services thereto;
- “Account” means the accounts created by the Users on our website in order to use certain services provided by us.
- The official language of these terms shall be English.
- “Content” means text, graphics, images, music, audio, video, information or other materials.
- “User content” means all Content, including but not limited to feedback, comments etc. that a user posts, uploads, publishes, submits or transmits to be made available through our Website.
- “Our website content” means all content that our website makes available through the website or Services, including any Content licensed from a third party, but excluding user Content.
- The headings and sub-headings are merely for convenience purpose and shall not be used for interpretation.
2. INTERPRETATION :
- The official language of these terms shall be English.
- The headings and sub-headings are merely for convenience purpose and shall not be used for interpretation.
3. ELIGIBILITY OF MEMBERSHIP :
- Any use or access to the Service by anyone under 18 is strictly prohibited and in violation of this Agreement. Any person under the age of eighteen (18) years accessing the Website should do so only under parental guidance. Our Website reserves the right to terminate your membership and refuse to provide you with access to the Website if we discover that you are under the age of 18 years. The Service is not available to any Users previously removed from the Service by us, unless we provide such Users with specific written authorization to re-use the Service. Unauthorized Users are strictly prohibited from accessing or attempting to access, directly or indirectly, the Website. Any such unauthorized use is strictly forbidden and shall constitute a violation of applicable state and local laws.
- By using our Website and its services, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement.
- You must not be a competitor to our Website or use our Service for reasons that are in competition with us or otherwise to replicate some or all of the Service for any reason.
- Our Website may, in its sole discretion, refuse to offer access to or use of the Website to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law, and the right to access the Website is revoked in such jurisdictions.
- Except where additional terms and conditions are provided which are services specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms.
4. REGISTRATION :
- It is mandatory for the users to create an account on our Website in order to use our services.
- In order to create an account directly with us:-
- You must provide us with certain personal information which shall include but not limited to username, email address, contact number, identity proof, , your food habits, your medical history, your medication details, your family medical history and occupation details.
- 4.2.2. You represent and warrant that all required registration information you submit is truthful and accurate, and you will maintain the accuracy of such information. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You must not share your password or other access credentials with any other person or entity that is not authorized to access your account. Without limiting the foregoing, you are solely responsible for any activities or actions that occur under your Website account access credentials. We encourage you to use a “strong” password (a password that includes a combination of upper and lower case letters, numbers, and symbols) with your account. We cannot and will not be liable for any loss or damage arising from your failure to comply with any of the above.
- You agree to provide and maintain accurate, current and complete information about your Account. Without limiting the foregoing, in the event you change any of your personal information as mentioned above in this Agreement, you will update your Account information promptly.
- When creating an Account, don’t :
- Provide any false personal information to us (including without limitation a false username) or create any Account for anyone other than yourself without such other person’s permission;
- Use a username that is the name of another person with the intent to impersonate that person;
- Use a username that is subject to rights of another person without appropriate authorization; or
- 4.3.4. Use a username that is offensive, vulgar or obscene or otherwise in bad taste.
- We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create through the Service that violates our Terms. If you have reason to believe that your Account is no longer secure, then you must immediately notify us at firstname.lastname@example.org.
- You may not transfer or sell your account to another party.
- Our Services are not available to temporarily or indefinitely suspended Users. Our Website reserves the right, in its sole discretion, to cancel unconfirmed or inactive accounts. Our Website reserves the right to refuse service to anyone, for any reason, at any time.
- One individual/entity/user can own only one account in his/her/its name.
5. SERVICES :
- The Website is an informative platform which allows Users to gain information and guidance regarding their nutritional needs by conducting an elaborate study of User’s health, food habits, lifestyle etc. and offer customised plans that shall be customised in accordance to User’s needs.
- In order to give precise advice to Users in regard to their nutritional needs Dr. Pooja Sharma or her team members may conduct body composition analysis of the User.
- It is not necessary to create an account on the website to avail the services offered by the website as certain features of the website as mentioned under the utility section such as calorie counter, water requirement, healthy food consumption is offered to User without registration.
- The Users after registering themselves on the website and paying the requisite fee shall be entitled to avail the consultation offered by Dr. Pooja Sharma for their nutritional needs which shall include but not be limited to online consultation for weight loss, awareness about healthy food and healthy habits through Skype, Facebook, whatsapp etc.
- The website also offers various healthcare related products which shall include but not be limited to NutriPick products and various other products which may be offered for sale under its Product Section with a view to enable the Users to view the Products listed in the
6. PAYMENTS AND FEES :
- The registration process for the Users is free of Cost. The website may at its sole discretion change its policies and may charge respective from the User.
- Our website offers certain services and products to its Users after payment of requisite fees thereto.
- Our website uses third party payment providers to receive payments. We are not responsible for delays or erroneous transaction execution or cancellation of services/orders due to payment issues.
- We take utmost care to work with 3rd party payment providers, but do not control their systems, processes, technology and work flows, hence cannot be held responsible for any fault at the end of payment providers.
- Users understand and expressly authorize us to collect payment from or charge the credit card, debit card for availing our services.
- Our website reserves the right to change or replace the payment gateway at its sole discretion without any reservation whatsoever. Our site stores bank information of the Users in order to make it easier for them to just click and pay without entering the details every time they avail our services. All transactions are completed through secure third party payment gateways and at no point of time we assume any liability for any loss of data or wrongful payment or invalid payment processing by such a third party. Users acknowledge that we will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond our control.
7. OUR WEBSITE AS A PLATFORM :
- Our Website does not make any representation or warranty as to the services provided by the Website. Users are advised to independently verify the bona fides of any particular service that they choose to avail and use their best judgment in that behalf.
- The Website is only a venue through which Users can seek guidance and help for their nutritional needs. The Company is not a medical organisation and the services provided by the Company or Dr. Pooja Sharma, its staff, employees, directors or other staff on behalf of Company including but not limited to diet plan suggested for the Client shall not be construed as medical advice or diagnosis. The information, consultation and reports generated by the Company should not be construed as a substitute for physician consultation, evaluation, or treatment. The advice given through the website shall not be construed as a definitive or binding medical advice and shall not be regarded as diagnosis, prescription, or endorsement any brand of products or services.
- This Website provides weight loss management and health management programs and also information, Websites and content published over the internet and is intended only to assist users in their personal weight loss/health management efforts. Website is not a medical organization and our staff cannot give you medical advice or diagnosis. Nothing contained in this Website should be construed as such advice or diagnosis. The information and reports generated by us should not be interpreted as a substitute for physician consultation, evaluation, or treatment.
- You release and indemnify us and/or any of our shareholders, directors, officers, employees and representatives from any cost, damage, liability or other consequence of any of the our Website cannot control all the information which is made available on the Website. Please use caution when using the Website.
- You acknowledge and undertake that you are accessing the services on the Website and transacting at your own risk and are using your best and prudent judgment before making any purchases through the Website. We hereby expressly disclaim all responsibility and liability in that regard.
- You shall independently agree upon the manner and terms and conditions of business when you transact with us.
8. YOU AGREE AND CONFIRM :
- That you will use the services provided by our Website, its affiliates and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the Website and transacting on the Website.
- You will provide authentic and true information in all instances where such information is requested of you. We reserve the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), we have the right in our sole discretion to reject the registration and debar you from using the Services of our Website and / or other affiliated Websites without prior intimation whatsoever.
- That you are accessing the services available on this Website and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Website.
9. YOU MAY NOT USE THE WEBSITE FOR ANY OF THE FOLLOWING PURPOSES: :
- Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
- Transmitting material that encourages conduct that constitutes a criminal offense, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
- Interfering with any other person's use or enjoyment of the Website.
- Breaching any applicable laws;
- Interfering or disrupting networks or web Websites connected to the Website.
- Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
- Without limiting other remedies, we may, in our sole discretion, limit, suspend, or terminate our services and user accounts, prohibit access to our Websites, services, Websites, and tools, and their content, delay or remove hosted content, and take technical and legal steps to keep users from using our Websites, services or tools, if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a period of months, or to modify or discontinue our Website, services
10. MODIFICATION OF TERMS & CONDITIONS OF SERVICES :
We may at any time modify the Terms & Conditions of Use of the Website without any prior notification to you. You can access the latest version of the User Agreement at any given time on our Website. You should regularly review the Terms & Conditions on our Website. In the event the modified Terms & Conditions is not acceptable to you, you should discontinue using the service. However, if you continue to use the service you shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of Use of this Website.
11. REVIEWS, FEEDBACK, SUBMISSIONS :
- All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to us on or by this Website or otherwise disclosed, submitted or offered in connection with your use of this Website (collectively, the "Comments") shall be and remain our property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, we exclusively own all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way.
- We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Website will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Website will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".
- Our Website does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Website. You grant us the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify us and our affiliates for all claims resulting from any Comments you submit. We and our affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
12. COPYRIGHT & TRADEMARK :
- Our Website, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Website. Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of www.drpoojasharma.com or any third party's intellectual property rights. All rights, including copyright, in this Website are owned by or licensed to us or third party suppliers. Any use of this Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of our Website. You cannot modify, distribute or re-post anything on this Website for any purpose.
- www.drpoojasharma.comnames and logos and all related product and service and our slogans are the trademarks or service marks of www.drpoojasharma.com. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Website. Access to this Website does not authorize anyone to use any name, logo or mark in any manner.
- All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Website (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Website for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Website or any related software. All software used on this Website is the property of our Website or its suppliers and protected by laws of India. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Website is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks and/or other intellectual property owned, controlled or licensed by our Website, one of its affiliates or by third parties who have licensed their materials to us and are protected by the laws of India. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Website is the exclusive property of our Website and is also protected by the laws of India.
- If you learn of any unlawful material or activity on our Website, or any material or activity that breaches this notice, please inform us. We respect the intellectual property rights of others and expect users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are promptly and properly provided to us. If you have a reason to believe that Your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information:
- a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
- identification of the copyrighted work claimed to have been infringed;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Your contact information, including your address, telephone number and an email address;
- a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and that You are authorized to act on behalf of the copyright owner.
- We have the right to remove the Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, we will also terminate a user’s account if we determine that the user is a repeat infringer.
- Notices regarding our Website should be sent to: email@example.com
13. INDEMNITY :
You agree to defend, indemnify and hold harmless our Company/Website, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to our Website or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
14. TERMINATION :
We may, at any time and without notice, suspend, cancel, or terminate your right to use the Website (or any portion of the Website). In the event of suspension, cancellation, or termination, you are no longer authorized to access the part of the Website affected by such suspension, cancellation, or termination. In the event of any suspension, cancellation, or termination, the restrictions imposed on you with respect to material downloaded from the Website and the disclaimers and limitations of liabilities set forth in the Agreement, shall survive.
Without limiting the foregoing, we may close, suspend or limit your access to our Website:
- if we determine that you have breached, or are acting in breach of, this Agreement;
- if we determine that you have breached legal liabilities (actual or potential), including infringing someone else's Intellectual Property Rights;
- if we determine that you have engaged, or are engaging, in fraudulent, or illegal activities;
- to manage any risk of loss to us, a User, or any other person; or
- For other similar reasons.
If we find you breaching these terms of service, you may also become liable for an amount of which we have suffered losses/damages.
If we close your Account due to your breach of this User Agreement, you may also become liable for fees in an amount as ascertained by the Website.
In the event that we close your Account, you will have no claim whatsoever against us in respect of any such suspension or termination of your Account.
15. DISCLAIMERS AND LIMITATION OF LIABILITY: :
- The Website is provided without any warranties or guarantees and in an "As Is" condition. You must bear the risks associated with the use of the Website.
- The Website provides content from different Users and while our Website tries to ensure that material included on the Website is correct, reputable and of high quality, it shall not accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website. This disclaimer constitutes an essential part of this User Agreement. In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold Company responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:
- Your use of or your inability to use our Website, Services and tools;
- Delays or disruptions in our Website, Services, or tools;
- Viruses or other malicious software obtained by accessing our Website, Services, or tools or any Website, Services, or tool linked to our Website, Services, or tools;
- Glitches, bugs, errors, or inaccuracies of any kind in our Website, Services, and tools or in the information and graphics obtained from them;
- The content, actions, or inactions of third parties, including items listed using our Website, services, or tools or the destruction of allegedly fake items;
- A suspension or other action taken with respect to your account; and
- To the fullest extent permitted under applicable law, our Website or its suppliers shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website, its services or this User Agreement. Without prejudice to the generality of the section above, the total liability of our Website to you for all liabilities arising out of this User Agreement be it in tort or contract is limited to the value of the product ordered by you. Our Website, its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, correctness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. Consequently, our Website assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website; and/or any interruption or errors in the operation of the Website.
- Our Website periodically schedules system downtime for the Websites for maintenance and other purposes. Unplanned system outages also may occur. You agree that we have no responsibility and is not liable for: (a) the unavailability of any of the Websites; (b) any loss of data, information or materials caused by such system outages; (c) the resultant delay, mis-delivery or non-delivery of data, information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation any companies or servers hosting any of the Websites, any Internet service providers or otherwise.
16. GOVERNING LAWS AND JURISDICTION :
- This User Agreement shall be construed in accordance with the applicable laws of India regardless of your physical location.
- 16.2 The Courts at Mumbai, Maharashtra, India have exclusive jurisdiction in any proceedings arising out of this agreement.
17. DISPUTE RESOLUTION: :
- Generally, transactions are conducted smoothly on our website. However there may be some cases where we and you may face issues. A 'Dispute' can be defined as a disagreement between you and us in connection with a transaction on the website.
- The venue for arbitration shall be Mumbai, Maharashtra, India and the language used for arbitration shall be English.
- The award of the arbitration shall be binding on both, you and us.
- The suits which are impliedly or specifically barred by this agreement shall be opposed by us by pleading this agreement.
18. WEBSITE SECURITY: :
You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (d) sending unsolicited messages, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Website other than the search engine and search agents available from us on this Website and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
19. PRIVACY :
All Personal Information and User Generated Content provided to or displayed on the Website and Services are subject to our Privacy Statement.
20. NOTICE :
Any notices must be given by postal mail to us at the below mentioned address:
In your case, we will send you any notice at your provided email address (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us. In such case, notice shall be deemed given three days after the date of mailing.
21. LEGAL COMPLIANCE :
In addition to this Agreement, you must familiarize yourself with, and comply with the Policies, domestic laws (including common law), state legislation, international laws, statutes, ordinances and regulations regarding your use of our services. Notwithstanding successful conclusion of a transaction you must ensure strict compliance with any particular formalities which, if not complied with, will either render a transaction void or unlawful.
You alone, and not we, are responsible for ensuring that the services and any other activities conducted on the website are lawful. You must ensure that they comply with all applicable laws in your country.
22. LINKS TO OTHER WEBSITES :
Links to third party websites on this website are provided solely as a convenience to you. If you use these links, a new browser will be lodged to access linked website. We have not reviewed these third party websites and does not control and is not responsible for any of these websites or their content. We do not endorse or make any representations about them, or any information, or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do this entirely at your own risks.
23. NO WAIVER IMPLIED: :
The failure of us to enforce at any time any of the provisions of these of Agreement, or the failure to require at any time performance by you of any of the provisions of these provisions, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the our right to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of these provisions shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
24. SEVERABILITY :
Each Term shall be deemed to be severable. If any Term or portion thereof is found to be invalid or unenforceable, such invalidity or unenforceability shall in no way effect the validity or enforceability of any other Term.
- You will not assign any rights or delegate any obligations under these Terms, in whole or in part, by operation of law or otherwise, without obtaining our prior written consent, which may be withheld in our sole discretion.
- We may assign our rights and delegate any of our obligations under these Terms, in whole or in part, without your consent. Any assignment or delegation in violation of the foregoing will be null and void. These Terms will be binding and inure to the benefit of each party’s permitted successors and assigns.
26. FORCE MAJEURE :
We shall be under no liability to you in respect of anything that, if not for this provision, would or might constitute a breach of these Terms, where this arises out of circumstances beyond our control, including but not limited to:
- acts of god;
- natural disasters;
- shortage of supplies, equipment, and materials;
- strikes and lockouts;
- civil unrest;
- Computer hacking; or
- malicious damage.
27. DIGITAL SIGNATURE :
- By using our services, you are deemed to have executed this Agreement electronically, effective on the date you register your Account and start using our services. Your Account registration constitutes an acknowledgement that you are able to electronically receive, download, and print this Agreement.
- In connection with this Agreement, you may be entitled to receive certain records, such as contracts, notices, and communications, in writing. To facilitate your use of the Website, you give us permission to provide these records to you electronically instead of in paper form.
- By registering for an Account, you consent to electronically receive and access, via email, all records and notices for the services provided to you under this Agreement that we would otherwise be required to provide to you in paper form. However, we reserve the right, in our sole discretion, to communicate with you via the Postal Service and other third-party mail services using the address under which your account is registered. Your consent to receive records and notices electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further records and notices electronically at any time by contacting Customer Support. If you withdraw your consent to receive such records and notices electronically, we will terminate your access to the Services, and you will no longer be able to use the Services. Any withdrawal of your consent to receive records and notices will be effective only after we have a reasonable period of time to process your request for withdrawal. Please note that your withdrawal of consent to receive records and notices will not apply to records and notices electronically provided by us to you before the withdrawal of your consent becomes effective.
- In order to ensure that we are able to provide records and notices to you electronically, you must notify us of any change in your email address by updating your Account information on the Website or by contacting Customer Support.
28. ENTIRE AGREEMENT :
These Terms collectively represent the entire agreement and understanding between you and us and supersede any other agreement or understanding (written, oral or implied) that you and we may have had. Any statement, inducement, promise, covenant or condition not expressly found either in these Terms shall be deemed as void.
29. CONTACT US :
For any further clarification of out Terms and Conditions, please write to us at firstname.lastname@example.org.