Terms and conditions
Welcome to Cell- Vitals Nutrition.
This manuscript is an electronic record as defined by the Information Technology Act, 2000 and its associated rules, as well as various statutes amended by the IT Act. It is published in compliance with applicable laws, including the Consumer Protection (E-Commerce) Rules 2020, which require the publication of rules and regulations, privacy policies, and terms and conditions for accessing or using the website. This electronic record is computer-generated and thus does not have the need of any physical or digital signatures.
Please read these Terms and Conditions (T&C) judiciously. By accessing, browsing, using, or otherwise interacting with the website, including the mobile version or mobile application, or by purchasing any of the products offered by Cell-vitals Nutrition (referred to as "Company" or "us" or "we" hereafter), you agree to be bound by all the T&C mentioned hereunder. This includes both the individuals who browse the website and those who purchase the products.
Only individuals who are legally able to enter into a binding contract under the Indian Contract Act, 1872 are permitted to use and/or conduct transactions on the Website. Minors who wish to access or use the Website must do so through their legal guardian or parents. If you are representing a company, partnership firm, or sole proprietorship, you are eligible to use the Website to conduct transactions on its behalf only if you have been duly approved by way of obligatory corporate action as prescribed statutorily and/or under the contract documents of such entity.
The Company has the right to update the Terms and Conditions (T&C) at any time without prior notice by publishing a new version on the website. These changes will take effect immediately, and by continuing to use the Website, you accept the new T&C. The version of the T&C that applies to your order will be the one available on the Website at the time of your order. It is advisable to review the T&C each time you access the Website or place an order.
You may only access the website for lawful purposes, and you are exclusively responsible for understanding and complying with all laws, rules, and regulations that apply to your use of the Website.
We have the authority to block any user and permanently disable user accounts if, at our sole discretion, we determine that a user's actions have violated fair usage policy or T&C.
Terms of offer:
The Products available on the website are subject to the terms and conditions of this T&C. When you place an order for any of the Products through the website, you agree to abide by the terms and conditions of this T&C. Please note that the Products and any samples provided to you are meant for personal use only. You cannot sell or resell any of the products or samples without our prior written agreement. We reserve the right to cancel or reduce the quantity of any products to be provided to you, with or without notice, if we believe it may violate our T&C.
The Company may, at any time and without any liability, change, suspend, or discontinue the availability of any Product. The price of the products or services may also be subject to change without notice or liability. While we strive to provide accurate and complete descriptions of our products on the website, we do not guarantee that they are error-free or up-to-date. The website may contain inaccuracies, typographical errors, or omissions relating to product pricing, availability, and information. Please note that the product images on the website are indicative and may not represent the actual product accurately.
WEBSITE:
Your Account duties
You are allowed to create and keep one user account on the Website. It is your responsibility to keep your account details and password confidential and to limit access to your computer. You accept all responsibility for any actions taken under your account. Any information you provide to us is not confidential or proprietary and does not infringe on any third-party rights. Accounts are non-transferable and cannot be sold, traded, combined, or shared with others.
If you access, browse, or use the website on behalf of someone else, you confirm that you have the authority to agree to these T&C on their behalf. If the person you represent refuses to be bound by these T&C, you will be liable for any harm caused by their access or use of the website.
If you suspect that the security of your account has been compromised, you must contact us immediately. If we detect or suspect a security breach, we may require you to change your password, temporarily or permanently block or suspend your account, without any liability to the Company.
We reserve the right to deny service and/or terminate accounts without notice if you violate the T&C or if we decide, in our sole discretion, that it is in the best interest of the company to do so. You are solely responsible for all content you upload, post, email or otherwise transmit via the website. The information provided to us will be managed according to our Privacy Policy.
Website usage:
The Company shall not be held liable for any damages resulting from the use of the website by any user. Your use of the Website shall be in compliance with all applicable local, state, national, and international laws and regulations, including those related to intellectual property. Furthermore, you agree to not interfere with the website or other users' use and enjoyment of the Website. You are prohibited from reselling any material on the website or engaging in the transmission of unsolicited communication such as spam, chain letters, and junk mail. In addition, you shall not engage in any behavior that may defame, harass, abuse, or disrupt other users of the website. You also agree not to undertake any grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, trolling, propaganda or otherwise unlawful activities through the website.
License, Posting and Security:
When you use this website, you are given permission to use the content and materials on the website for your personal, non-commercial use. This permission is limited, non-exclusive, and non-transferable. You cannot copy, reproduce, transmit, distribute, or create any derivative works from the content or information without getting express written authorization from either the Company or the applicable third party (if the content belongs to a third party).
When you post, store, or send content on the website, you grant the company a worldwide, non-exclusive, assignable, royalty-free, and perpetual license to use, copy, distribute, transmit, create derivative works of, and assign such content in any form and all media now known or later developed, subject to the company’s privacy policy. The company cannot control the user-generated content on the website. You are responsible for your interactions with other users and any content you post. The company is not responsible for any harm or damage resulting from user-generated content or interactions between users. The company has the right, but not the obligation, to monitor interactions and remove objectionable content. The company will not be held liable for any errors, omissions, or damages incurred due to user-generated content. By using the website, you waive any claims against the company for alleged or actual infringements of any proprietary rights, moral rights, privacy and publicity rights, or rights of attribution related to user-generated content.
You are not allowed to compromise the security of the website in any way. This includes:
- Accessing data or logging into an account that you are not authorized to access;
- Trying to test the vulnerability of the system or network or to breach security measures without proper authorization;
- Interfering with the service provided to other users or networks, such as by submitting a virus, overloading, spamming, or crashing;
- Sending unsolicited emails or advertisements; or
- Forging any header information in emails or newsgroup postings.
Violating the security of the system may result in civil or criminal liability. Additionally, any action that threatens the unity, integrity, defence, security or sovereignty of India, public order or causes agitation to the commission of any cognizable wrongdoing or averts investigation of any offence is strictly forbidden.
Intellectual Property:
This website is the owner and operator of all the content appearing on this site, including but not limited to text, logos, graphics, icons, images, photographs, typefaces, and other materials (collectively called as "Content"). The selection, assembly, and arrangement of the Content are subject to applicable copyright laws, with all rights reserved. The audio and video clips on this site are the sole property of cellvitalsnutrition.com or their respective content providers. Similarly, all software used on this site is the sole property of cellvitalsnutrition.com or those supplying the software. You acknowledge that the site contains content, audio and video clips, and software that are protected by copyrights, trademarks, or other intellectual property rights. These rights are valid and may be protected in all forms, media, and technologies, which exist now or are developed in the future. The content of this site may only be used for the purpose of shopping or placing an order on this site and for no other purpose. Any unauthorized use of the materials appearing on this site may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties. cellvitalsnutrition.com reserves all rights not expressly granted herein.
DISCLAIMER OF WARRANTIES
Our website and its content are provided "as is" and without warranties of any kind, whether express or implied. We make no representations or warranties regarding the accuracy, completeness, reliability, suitability, or availability of our website or its content, or that our website will be free from errors or viruses.
We disclaim all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing, usage, or trade practice.
You acknowledge that you use our website at your own risk, and that we will not be liable for any harm, damage, or loss that may arise from your use of our website or its content.
We do not warrant that our website will meet your requirements, or that the operation of our website will be uninterrupted or error-free. We do not warrant that any information obtained from our website will be accurate or reliable. We do not warrant that any defects or errors in our website will be corrected. We do not warrant that our website or its content will be free from unauthorized access or interference. We do not warrant that our website or its content will be compatible with all devices or browsers. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Therefore, some of the above disclaimers may not apply to you to the extent prohibited by law.
LIMITATION OF LIABILITY
In no event shall we be liable to you or any third party for any direct, indirect, incidental, special, punitive, or consequential damages arising out of or in connection with your use of our website or its content, or your inability to use our website or its content. Our liability to you for any cause whatsoever, and regardless of the form of the action, shall be limited to the amount paid by you, if any, for accessing our website or its content.
We shall not be liable for any damages resulting from the use or inability to use our website or its content, or for any other claim related in any way to your use of our website or its content, including but not limited to, errors, omissions, interruptions, defects, delays in operation or transmission, or any failure of performance.
We shall not be liable for any damages arising out of or in connection with any third-party content, products, or services that may be accessed through our website. We shall not be liable for any damages arising out of or in connection with any unauthorized access to or alteration of your transmissions or data, including but not limited to, theft, destruction, or alteration of your personal information. We shall not be liable for any damages arising out of or in connection with any delay or failure to perform due to causes beyond our reasonable control, including but not limited to, acts of God, acts of terrorism, natural disasters, or labor disputes.
Some jurisdictions do not allow the exclusion or limitation of liability for certain types of damages. Therefore, some of the above limitations may not apply to you to the extent prohibited by law.
Indemnification:
You agree to indemnify, defend, and hold harmless our company, its affiliates, and their respective officers, directors, employees, agents, licensors, and suppliers, from and against any and all claims, losses, expenses, damages, and costs, including reasonable attorneys' fees, arising out of or in connection with your use of our website, your violation of these terms and conditions, or your violation of any rights of another person or entity. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. You shall not settle any such claim or matter without our prior written consent. We will use reasonable efforts to notify you of any claim or matter that is subject to indemnification by you, but our failure to do so shall not relieve you of your obligations hereunder. This indemnification obligation shall survive any termination or expiration of these terms and conditions. We shall have the right, at our sole discretion, to participate in the defense of any claim or action, or to assume the exclusive defense and control of any matter subject to indemnification by you.
GENERAL INFORMATION
Force Majeure: In the event that the company is prevented from performing its obligations under this Agreement by reason of any cause beyond its reasonable control, including but not limited to acts of God, fires, floods, epidemics, strikes, labor disputes, riots, wars, acts of terrorism, governmental action, or other events beyond the company’s control (a "Force Majeure Event"), then company shall be excused from such performance to the extent of such Force Majeure Event. In such event of a Force Majeure, the Company shall not be held responsible for any delay, cessation, or interruption of its obligations under these T&C. Furthermore, the Company's obligations under these T&C shall be suspended for the duration of the Force Majeure event. The Company shall make reasonable efforts to resume performance of its obligations as soon as practicable following the termination of the Force Majeure event.
Cessation of Operation
The Company reserves the right to discontinue the operation of the website and distribution of the products at any time, without prior notice to you and at its sole discretion.
Agreement, Waiver and Survival:
This T&C constitutes the complete agreement between you and the company, replacing any previous agreements regarding the matters described herein.
The company reserves the right to enforce any provision of this T&C and its failure to do so shall not constitute a waiver of that provision. If any provision of this T&C is found to be invalid or unenforceable by a court of competent jurisdiction, the parties agree that the court should interpret and enforce the T&C to the maximum extent allowed by law, while preserving the parties' original intentions. All other provisions of this T&C will continue to be fully valid and enforceable.
By agreeing to these T&C, you acknowledge and agree that you waive any right to participate in a class action lawsuit or similar procedural device for any claims arising from or relating to this T&C. All claims and disputes must be brought on an individual basis, and you may not join your claims with those of others.
If any provision of these T&C is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the other provisions shall remain valid and enforceable to the fullest extent permitted by law.
Governing Law and Jurisdiction:
This T&C will be interpreted and enforced in accordance with the laws of India and the state of Maharashtra, without considering its conflict of law provisions. Any legal action, proceeding or claim arising from or relating to this T&C, including breach or default of this T&C, must be brought exclusively in courts located in the state of Maharashtra. By using this website or purchasing products, you agree to the jurisdiction and venue of such courts for any such action, suit, proceeding or claim.
Assignment and Termination:
This T&C is binding upon you and may not be assigned to anyone else. The company, however, may assign its rights and obligations under this T&C in its sole discretion and without prior notice to you. Your use of the website or purchase of products constitutes your agreement to abide by the terms and conditions set forth in this T&C.
The Company retains the right to revoke your access to the website, in the event that it reasonably concludes, at its sole discretion, that you have breached any of the provisions of this T&C. If your access is revoked, you will be barred from utilizing the website, and the Company may, at its discretion and without prior notice to you, cancel any pending orders for Products. In the event of termination, the company may use any necessary measures to prevent unauthorized access to the website. This T&C will remain in effect indefinitely, except in cases where the company, at its sole discretion and without prior notice to you, chooses to terminate it.