Terms And Conditions
Nutrova is a brand owned and provided by Axys Nutrition Products Private Limited (hereinafter referred to as “Axys Nutrition”, “we” and “us”). Nutrova.com (“Website”) is an online service owned and operated by Axys Nutrition. In using the Website, you are deemed to have accepted the Terms and Conditions of the agreement listed below or as may be revised from time to time, which is, for an indefinite period and you understand and agree that you are bound by such terms till the time you access this website. If you have any queries about these terms & conditions or have any comments or complaints on or about the website, please email us at email@example.com. We reserve the right to change these terms & conditions from time to time without any obligation to inform you and it is your responsibility to look through them as often as possible.
Use Of The Website
The Website is provided for your personal use. Axys Nutrition has taken every reasonable care in preparing the content of this website. However, Axys Nutrition disclaims all warranties of any kind with regard to the content services and products contained on this website.
Axys Nutrition, its Directors and employees shall not be liable for any losses or claims arising directly or indirectly from the use of this website. Any links to other websites or providers of information in any medium are provided for interest only. Axys Nutrition accepts no responsibility or liability whatsoever for their content. Such links do not imply Axys Nutrition’s endorsement of any content or product. The Website is provided without any warranties or guarantees – you must bear all the risks associated with the use of the Internet.
Ownership Of Rights
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 explicit permission of Axys Nutrition. All information displayed, transmitted or carried on the Website is protected by copyright and other intellectual property laws. All rights, including copyright, in this website are owned by or licensed to Axys Nutrition. All content is owned by Axys Nutrition. You may not modify, publish, transmit, transfer, sell, reproduce, create derivative work from, distribute, repost, perform, display or in any way commercially exploit any of the content available in the website.
You may not use Nutrova.com for any of the following purposes:
- circulating any unlawful, harassing, abusive, obscene or otherwise objectionable material
- gaining unauthorised access to other computer systems
- interfering with any other person’s use or enjoyment of the Nutrova / Axys Nutrition website
- breaching any laws concerning the use of public telecommunications networks or systems
- interfering or disrupting networks or other websites connected to the Nutrova / Axys Nutrition website
- making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner
Accuracy Of Content And Invitation To Offer
We have taken all care and precaution to try and provide accurate data and information. In the preparation of the content of this website, in particular to ensure that prices quoted are correct at time of publishing and all products have been fairly described. All prices are displayed inclusive of VAT. Services however are listed exclusively of service tax as rules for service tax vary with different services. Packaging may vary from that shown. The weights, dimensions and capacities given are approximate only. We have made every effort to display as accurately as possible the colours of Axys Nutrition’s products that appear on the website. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will accurately reflect the colour of the product on delivery. All products/services and information displayed on the Website constitute an invitation to offer. Your order for purchase constitutes your offer which shall be subject to the terms and conditions as listed herein. We reserve the right to accept or reject your offer in part or in full. Axys Nutrition’s acceptance of your order will take place upon dispatch of the product(s) ordered. Dispatch of all the product(s) ordered, may or may not happen at the same time, in such a scenario that portion of the order which has been dispatched will be deemed to have been accepted by Axys Nutrition and the balance would continue to be on offer to Axys Nutrition and we reserve the right to accept or reject such balance order. No act or omission of Axys Nutrition or Nutrova.com prior to the actual dispatch of the product (s) ordered will constitute acceptance of your offer. If you have supplied us with your email address, we will notify you by email as soon as possible to confirm receipt of your order and email you again to confirm dispatch and therefore acceptance of the order.
Axys Nutrition reserves the right, at its sole discretion, to limit the quantity of items purchased per person, per household or per order on the website. These restrictions may be applicable to orders placed by the same account, the same credit / debit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. Axys Nutrition also reserves the right, at its sole discretion, to prohibit sales to any one as it may deem fit.
All prices listed on Nutrova.com are listed at the Maximum Retail Price (MRP), inclusive of all taxes. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Axys Nutrition shall have the right, at its sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched. In the event that an item is mispriced, Axys Nutrition may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been dispatched, your offer will not be deemed accepted and Axys Nutrition will have the right to modify the price of the product and contact you for further instructions using the e-mail address provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event that Nutrova.com accepts your order the same shall be debited to your credit / debit card account and duly notified to you by email that the payment has been processed. The payment may be processed prior to Nutrova.com dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your credit / debit card account.
Axys Nutrition disclaims all warranties or conditions, whether expressed or implied, (including without limitation implied, warranties or conditions of information and context). We shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this website. We consider ourselves and intend to be subject to the jurisdiction only of the courts of Mumbai, India.
You agree to defend, indemnify and hold harmless Axys Nutrition, 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 Axys Nutrition or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment 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.
Eligibility Of Use
Use of the Website is available only to persons who can form legally binding contracts under applicable law. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Website. If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement. We make no representation that any products or services referred to in the materials on this web are appropriate for use, or available outside India. Those who choose to access this website from outside India are responsible for compliance with local laws if and to the extent local laws are applicable. We will deliver the products only within India and will not be liable for any claims relating to any products ordered from outside India.
Refusal Of Service
Axys Nutrition reserves the right to refuse service to anyone at any time. Axys Nutrition reserves the right, in its sole discretion, to suspend or cancel the service at any time if a computer virus, bug, or other technical problem corrupts the security, or proper administration of the service.
When you visit the Website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Copyright & Trademark
Axys Nutrition expressly reserves all intellectual property rights in all text, images, 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 Axys Nutrition’s intellectual property rights. All rights, including copyright, in this website are owned by or licensed to Axys Nutrition. 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 Axys Nutrition. You may not modify, distribute or re-post anything on this website for any purpose.
This User Agreement is effective unless and until terminated by either you or Axys Nutrition. You may terminate this User Agreement at any time by informing us in writing through Indian postal system by registered post that you no longer wish to be associated with this website, provided that you discontinue any further use of this Website. Axys Nutrition may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Website. Such termination will be without any liability to Axys Nutrition. Upon any termination of the User Agreement by either you or Axys Nutrition, you must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under the User Agreement or otherwise. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Website or affect any liability that may have arisen under the User Agreement.
You are prohibited from violating or attempting to violate the security of the Website, including, without limitation:
- Accessing data not intended for you or logging onto a server or an account which you are not authorized to access;
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- 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’, ‘mail bombing’ or ‘crashing;
- Sending unsolicited email, including promotions and/or advertising of products or services; or
- 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 Axys Nutrition on this Website and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Internet Explorer).
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Axys Nutrition with respect to Nutrova.com and the services provided by Nutrova.com and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the our websites/services. Axys Nutrition’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.