1. USE OF THIS SITE
https://musclefibre.in (‘Website’) is an online service owned, operated and managed by Supplement Sack Private Limited (‘ Supplement Sack ‘ or ‘we’ or ‘us’). In using/accessing 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 (‘User Agreement’), 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 the terms and conditions of this User Agreement or have any comments or complaints on or about the Website, please email us support@musclefibre.in. We reserve the right to change the terms and conditions of this User Agreement from time to time without any obligation to inform you and it is your responsibility to look through them as often as possible.
2. PRIVACY PRACTICES
We understand the importance of safeguarding your personal information and we have formulated a “Privacy Policy” to ensure that your personal information is sufficiently protected. Apart from these Terms of Use, the Privacy Policy shall also govern your visit and use of the Site. Your continued use of the Site implies that you have read and accepted the Privacy Policy and agree to be bound by its terms and conditions. You consent to the use of personal information by Muscle Fibre in accordance with the terms of and purposes set forth in the Privacy Policy, the same may be subject to amendment from time to time at the sole discretion of Muscle Fibre.
3. YOUR ACCOUNT
This Site is directed to be used by
adults only. We assume that any minor, if at all, accessing our Site is under
the supervision of their guardians. Muscle Fibre or its associates do not
knowingly collect information from minors. You will be responsible for
maintaining confidentiality of your account, password, and restricting access
to your computer, and you hereby accept responsibility for all activities that
occur under your account and password. You acknowledge that the information you
provide, in any manner whatsoever, are not confidential or proprietary and does
not infringe any rights of a third party.
If you are accessing, browsing and using the Site on someone else’s behalf; you
represent that you have the authority to bind that person to all the terms and
conditions herein. In the event that the person refuses to be bound as the
principal to the Terms of Use, you agree to accept liability for any harm caused
by any wrongful use of the Site resulting from such access or use of the Site.
If you know or have reasons to believe that the security of your account has
been breached, you should contact us immediately at the ‘Contact Information’
provided below. If we have found a breach or suspected breach of the security
of your account, we may require you to change your password, or suspend your
account without any liability to Muscle Fibre.
We reserve the right to refuse service and/or terminate accounts without prior
notice if these Terms of Use are violated or if we decide, in our sole
discretion, that it would be in Muscle Fibre ’s and Muscle Fibre’s best
interests to do so. You are solely responsible for all content that you upload,
post, email or otherwise transmit via the Site. The information provided to us
shall be maintained by us in accordance with our Privacy Policy.
4.PRODUCT& SERVICES INFORMATION
Muscle Fibre attempts to be as
accurate as possible in the description of the product on the Site. However, Muscle
Fibre does not warrant that the product description, color, information or
other content of the Site is accurate, complete, reliable, current or
error-free. The Site may contain typographical errors or inaccuracies and may
not be complete or current. The product pictures are indicative and may not
match the actual product.
Muscle Fibre reserves the right to correct, change or update information,
errors, inaccuracies or omissions at any time (including after an order has
been submitted) without prior notice. Please note that such errors,
inaccuracies or omissions may also relate to pricing and availability.
5. PRODUCT USE & SERVICES
The products and services available
on the Site, and the samples, if any, that Muscle Fibre may provide you, are for your personal and/or
professional use only.
In case any products & services purchased / received / availed causes side
effects or don’t suit you, please note that Muscle Fibre is in no manner
responsible for any manufacture side-effects or service provider and
manufacturer or service provider of the product or service shall be solely
responsible for such side effects and consumer complaints. You should carefully
read the individual terms and conditions in relation to the products and
consult a specialist before the use of the same.
6. RECOMMENDATION OF THE PRODUCT& SERVICES
Any recommendation made to you in the Site during the course of your use of the Site is purely for informational purposes and for your convenience and does not amount to endorsement of the product or services by Muscle Fibre or any of its associates in any manner.
7. USE OF THIS SITE
Muscle Fibre strives to provide
accurate product and pricing information, however errors may occur.
Muscle Fibre cannot confirm the price of the product until you make the order.
Without limiting the generality of Clause 8 (Cancellations, Refunds and
Returns) below, if a product / service is listed at an incorrect price or with
incorrect information due to any technical error, Muscle Fibre shall have the
right, at its sole discretion, to refuse or cancel any orders placed for that
product/ service, unless the product has already been delivered or the service
has already been availed by you. In the event that an item is wrongly priced, Muscle
Fibre 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 delivered and the services are availed, your offer will not be
deemed accepted and Muscle Fibre will have the right to modify the price of the
product/ service and contact you for further instructions using the e-mail
address provided by you during the time of registration or placing of order, or
cancel the order and notify you of such cancellation. In the event that Muscle
Fibre accepts your order the same shall be debited to your credit card account
and duly notified to you by email that the payment has been processed. The
payment may be processed prior to Muscle Fibre’s 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 to your credit / debit card account.
PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES PROVIDED OR OFFERRED ON
THE SITE ARE SUBJECT TO CHANGE WITHOUT PRIOR NOTICE AND AT THE SOLE DISCRETION
OF Muscle Fibre. Muscle Fibre may revise and cease to make available any
product/ services at anytime. In the event, Muscle Fibre is unable to deliver the product to you on
time or at all, you will be notified by an e-mail and your order will be
automatically cancelled due to unavailability of the product or at your
instructions due to failure to deliver the product on the expected time of
delivery by our delivery partners. Muscle Fibre shall not be liable to pay for
any damages in such an event owing to cancellation of the order or delay in
delivery.
8. CANCELLATIONS, REFUNDS AND RETURNS
Please refer to our Cancellation, Refunds and Returns Policy provided in our Site
9. MODE OF PAYMENT
Payments/m’or the products available on the Site may be made in the following ways:
- Payments can be made by Credit Cards, Debit Cards, Net Banking, Wallets, e-Gift cards, Cash on Delivery and reward points.
- Credit card, Debit Card and Net Banking payment options are instant payment options and recommended to ensure faster processing of your order.
10. SHIPPING AND DELIVERY
Please refer to our Shipping and Delivery Policy provided on our Site.
11. CHAT FUNCTIONALITY
The Chat Functionality has been provided to help you with any and all Site-related queries. Any use of this service shall be subject to the following conditions:
- Muscle Fibre may suspend the chat service at any time without notice.
- Muscle Fibre or its executives are not responsible for any delay caused in attending to or replying to the queries via chat.
- Communication through chat may be stored by Muscle Fibre for future reference, and the user of such service will not have the right to access such information at any future date.
- While ‘chatting’ you may not communicate any objectionable information i.e. unlawful, threatening, abusive, defamatory, obscene information.
- The chat room shall not be used to sell any products, to give suggestion on business opportunity or any other form of solicitation.
- You may proceed further and chat with our online customer care executive only if you agree to the above terms and conditions.
12. USER CONTENT
The information, photo, image, chat communication, text, software, data, music, sound, graphics, messages, videos or other materials transmitted, uploaded, posted, emailed or otherwise made available to us (“User Content”), are entirely your responsibility and we will not be held responsible, in any manner whatsoever, in connection to the User Content. You agree to not encourage or assist or engage others as well as yourself in transmitting, hosting, displaying, uploading, modifying, publishing transmitting, updating or sharing any information that
- belongs to another person and to which the user does not have any right to;
- is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonate another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation.
Muscle Fibre shall in no way be held
responsible for examining or evaluating User Content, nor does it assume any
responsibility or liability for the User Content. Muscle Fibre does not endorse or control the User Content
transmitted or posted on the Site by you and therefore, accuracy, integrity or
quality of User Content is not guaranteed by Muscle Fibre . You understand that
by using the Site, you may be exposed to User Content that is offensive,
indecent or objectionable to you. Under no circumstances will Muscle Fibre be
liable in any way for any User Content, including without limitation, for any
errors or omissions in any User Content, or for any loss or damage of any kind
incurred by you as a result of the use of any User Content transmitted,
uploaded, posted, e-mailed or otherwise made available via the Site. You hereby
waive all rights to any claims against Muscle Fibre for any alleged or actual
infringements of any proprietary rights, rights of privacy and publicity, moral
rights, and rights of attribution in connection with User Content.
You hereby acknowledge that Muscle Fibre has the right (but not the obligation)
in its sole discretion to refuse to post or remove any User Content and further
reserves the right to change, condense, or delete any User Content. Without
limiting the generality of the foregoing or any other provision of these Terms
and Conditions, Muscle Fibre has the
right to remove any User Content that violates these Terms and Conditions or is
otherwise objectionable and further reserves the right to refuse service and/or
terminate accounts without prior notice for any users who violate these Terms
and Conditions or infringe the rights of others.
If you wish to delete your User Content on our Site or in connection with our
mobile applications, please contact us by email at support@musclefibre.in and
request you to include the following personal information in your deletion
request: first name, last name, user name/screen name (if applicable), email
address associated with our Site and/or mobile applications, your reason for
deleting the posting, and date(s) of posting(s) you wish to delete (if you have
it). We may not be able to process your deletion request if you are unable to
provide such information to us. Please allow up to 30 business days to process
your deletion request.
13. INTELLECTUAL PROPERTY RIGHTS
The ” Muscle Fibre” name and logo and all related product and
service names, design marks and slogans are the trademarks, logos or service
marks (hereinafter referred to as “Marks”) of Muscle Fibre. All other
Marks provided on the Site are the property of their respective companies. No
trademark or service mark license is granted in connection with the materials
contained on this Site. Access to this Site does not authorize anyone to use
any Marks in any manner. Marks displayed on this Site, whether registered or
unregistered, of Muscle Fibre or others, are the intellectual property of their
respective owners, and Muscle Fibre shall not be held liable in any manner
whatsoever for any unlawful, unauthorized use of the Marks.
Muscle Fibre and its suppliers and licensors expressly reserve all the
intellectual property rights in all text, programs, products, processes,
technology, content, software and other materials, which appear on this Site,
including its looks and feel. The compilation (meaning the collection,
arrangement and assembly) of the content on the Site is the exclusive property
of Muscle Fibre and are protected by the Indian copyright laws and
International treaties. Consequently, the materials on this Site shall not be
copied, reproduced, duplicated, republished, downloaded, posted, transmitted,
distributed or modified in whole or in part or in any other form whatsoever,
except for your personal, non-commercial 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, reproducing, duplicating, republishing,
posting, transmitting, distributing or modifying.
All materials, including images, text, illustrations, designs, icons,
photographs, programs, music clips, downloads, video clips and written and
other materials that are part of this Site (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 Site for your personal use only. We also grant you a limited, revocable,
non-transferable, and non-exclusive license to create a hyperlink to the home
page of the Site for personal, non-commercial use only. The Contents and
software on this Site are to be used only as a shopping resource. Any other
use, including the reproduction, modification, distribution, transmission,
re-publication, display, or performance, of the Contents on this Site is strictly
prohibited. Unless Muscle Fibre explicitly provides to the contrary, all
Contents are copyrighted, trademarked, trade dressed and/or other intellectual
property owned, controlled or licensed by Muscle Fibre , any of its affiliates
or by third parties who have licensed their materials to Muscle Fibre and are
protected by Indian copyright laws and international treaties.
14. LIMITED LICENSE
Muscle Fibre grants you limited,
non-exclusive, non-transferable, non-sub licensable license to access, and make
personal and non commercial use of the Site. All rights not expressly granted
to you in these Terms of Use, are reserved and retained by the Site and its
affiliates.
Muscle Fibre reserves the right, at any time, without notice, and at its sole
discretion, to terminate your license to use the Site and to block and prevent
your future access the Site.
15. REPRESENTATIONS AND WARRANTIES
This Site is provided to you
“AS IS”. We make no representations regarding the use of or the
result of the use/depiction of the Contents on the Site in terms of their
correctness, accuracy, reliability, or otherwise. Muscle Fibre shall not be
liable for any loss suffered in any manner by the user as a result of depending
directly or indirectly on the depiction of the Content on this Site.
You acknowledge that this Site is provided only on the basis set out in the
Terms of Use. Your uninterrupted access or use of this Site on this basis may
be prevented by certain factors outside our reasonable control including,
without limitation, the unavailability, inoperability or interruption of the
internet or other telecommunications services or as a result of any maintenance
or other service work carried out on this Site.
Muscle Fibre shall have the right, at any time, to change or discontinue any
aspect or feature of the Site, including, but not limited to, content, hours of
availability and equipment needed for access or use. Further, the Site may
discontinue disseminating any portion of information or category of information.
Muscle Fibre does not accept any responsibility and will not be liable for any
loss or damage whatsoever arising out of or in connection with any
ability/inability to access or to use the Site.
Muscle Fibre through the Site intends to provide its users with general
information about healthcare products and topics. The Site encourages its users
to interact with MUSCLE FIBRE and its employees by asking questions that
enables the user to obtain information of a general nature pertaining to
healthcare topics. The postings on the Site or on social networking sites,
including the Site’s Facebook page, or any information provided over chat or
e-mails exchanged with MUSCLE FIBRE, its employees or representatives
(collectively referred to as “Information”) which are in furtherance
of any communication made by the user with MUSCLE FIBRE, its employees or
representatives is based on the background provided by the user. The
Information is not intended to constitute personal medical suggestion or be
used for any medical diagnosis or treatment. While MUSCLE FIBRE takes
reasonable care to ensure that the Information is accurate, MUSCLE FIBRE makes
no representation and takes no responsibility for the accuracy, completeness,
appropriateness or usefulness of the Information. For any specific medical
conditions or issues, users are advised to seek opinion from a certified
medical practitioner. In the event any user relies on the Information provided
by MUSCLE FIBRE or its representatives/ employees, he/she may do so at its own
risk. Under no circumstances will MUSCLE FIBRE, its employees, representative
or affiliates be liable for the Information or the consequences of relying on
such Information.
In keeping with MUSCLE FIBRE’s objective of providing \ its users with general
information about healthcare topics and products, MUSCLE FIBRE engages experts
having knowledge of in their respective fields (“Experts”) to respond
to queries posted by users. Any information provided by the Experts, either
over the Site, through e-mails, chat rooms or on social networking sites,
including the Site’s facebook page (collectively referred to as “Expert’s
Opinion”) is based on the Expert’s personal opinion. The Expert’s Opinion
is not intended to constitute personal medical suggestion or be used for any
medical diagnosis or treatment. MUSCLE FIBRE makes no representation and takes
no responsibility for the accuracy, completeness, appropriateness or usefulness
of the Expert’s Opinion. In case any user relies on such Expert’s Opinion,
he/she may do so at its own risk. Under no circumstances will the MUSCLE FIBRE,
Company, its employees, representative or affiliates be liable for such
Expert’s Opinion or for the consequences of relying on such Expert’s Opinion.
For any general information posted on the Site, users must not infer or assume
that such information necessarily applies to them.
16. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
THE SITE IS PRESENTED “AS IS.” NEITHER WE NOR OUR HOLDING, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE OR ANY OF THE CONTENT, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR HOLDING, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) UNDER ANY CIRCUMSTANCES FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY, LOSS, THEFT, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (e) VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; (f) ANY INACCURACIES OR OMISSIONS IN CONTENT; OR (g) EVENTS BEYOND THE REASONABLE CONTROL OF MUSCLE FIBRE. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED.
FURTHER, TO THE FULLEST EXTENT
PERMITTED BY LAW, NEITHER WE NOR OUR SUBSIDIARIES, AFFILIATES, PARTNERS, OR
LICENSORS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE
OR YOUR USE THEREOF REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT
(INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE
LIABILITY EXCEED.
YOU AGREE THAT NO CLAIMS OR ACTION ARISING OUT OF, OR RELATED TO, THE USE OF
THE SITE OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE (1)
YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU
HAVE A DISPUTE WITH US OR ARE DISSATISFIED WITH THE SITE, TERMINATION OF YOUR
USE OF THE SITE IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR
RESPONSIBILITY TO YOU.
This disclaimer constitutes an essential part of this Terms of Use.
17. LINKS AND THIRD PARTY SITES
References on the Site to any names,
marks, products or services of third parties or hypertext links to third party
sites or information are provided solely as a convenience to you. This does not
in any way constitute or imply MUSCLE FIBRE endorsement, sponsorship or
recommendation of the third party, information, product or service or any
association and relationship between MUSCLE FIBRE and those third parties.
MUSCLE FIBRE is not responsible for the content of any third party sites and
does not make any representations regarding the content or accuracy of material
on such sites. If you decide to link to any such third party websites, you do
so entirely at your own risk. MUSCLE FIBRE does not assume any responsibility
for examining or evaluating the offerings of the off-websites pages or any
other websites linked from the Site. We shall not be responsible for the
actions, content, products, or services of such pages and websites, including,
without limitation, their privacy policies and terms and conditions. You should
carefully review the terms and conditions and privacy policies of all
off-website pages and other websites that you visit via the Site.
18. TERMINATION
These Terms of Use are effective unless
and until terminated by either you or MUSCLE FIBRE.
You may terminate the Terms of Use at any time, provided that you discontinue
any further use of this Site. MUSCLE FIBRE may terminate the Terms of Use at
any time and may do so without notice, and accordingly deny you access to the
Site, such termination will be without any liability to the Site.
Upon any termination of the Terms of Use by either you or MUSCLE FIBRE, you
must promptly destroy all materials downloaded or otherwise obtained from this
Site, as well as all copies of such materials, whether made under the Terms of
Use or otherwise. Any such termination of the Terms of Use shall not cancel
your obligation to pay for the product already ordered from the Site or affect
any liability that may have arisen under the Terms of Use.
19. INDEMNITY
You agree to defend, indemnify and hold harmless MUSCLE FIBRE, its employees, directors, officers, agents and their successors and assigns, its holding, subsidiaries, affiliates, partners, or licensors 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 MUSCLE FIBRE 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 the Terms of Use, or arising out of the 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 the Terms of Use.
20. GOVERNING LAW AND JURISDICTION
The Terms of Use and the Policies
shall be construed in accordance with the applicable laws of India. For
proceedings arising therein the Courts at Delhi shall have exclusive
jurisdiction.
Any dispute or difference either in interpretation or otherwise, of the Terms
of Use and other Policies on the Site, between the parties hereto, shall be
referred to an independent arbitrator who will be appointed by mutually and his
decision shall be final and binding on the parties hereto. The above
arbitration shall be in accordance with the Arbitration and Conciliation Act,
1996 as amended from time to time. The seat of arbitration shall be held in
Delhi.
Without any prejudice to particulars listed in Clause 13 above, MUSCLE FIBRE
shall have the right to seek and obtain any injunctive, provisional or interim
relief from any court of competent jurisdiction to protect its trade-mark or
other intellectual property rights or confidential information or to preserve
the status quo pending arbitration.
21. SITE SECURITY
You are prohibited from violating or attempting to violate the security of the Site, 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 Site, overloading, “flooding,” “spamming,” “mail bombing” or “crashing;”
- sending unsolicited email, including promotions and/or advertising of products or services;
- forging any 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
MUSCLE FIBRE is entitled to investigate occurrences that may involve such violations and may involve, and co-operate 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 Site or any activity being conducted on this Site. 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 Site other than the search engine and search agents available from MUSCLE FIBRE on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
22. ENTIRE AGREEMENT
If any part of these Terms of Use 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 Terms of Use shall
continue to be in effect. Unless otherwise specified herein, these Terms of Use
constitutes the entire agreement between you and MUSCLE FIBRE with respect to
the Site/services and it supersedes all prior or contemporaneous communications
and proposals, whether electronic, oral or written.
MUSCLE FIBRE’s failure to act with respect to a breach by you or others does
not waive its right to act with respect to the breach or subsequent and similar
breaches.
23. HEALTH-RELATED INFORMATION
The Muscle Fibre (Musclefibre.in) provides information for informational purposes and not meant to substitute provided by your doctor or healthcare professional. Information regarding food supplements, products, etc mentioned in the Muscle Fibre have not been evaluated by Food & Drug Administration and any government authority and are not intended to diagnose, treat, cure or prevent any disease. Please go through the packaging of the product before you purchase and use. Musclefibre.in does not claim any individual results of the products that you may purchase.
24. GENERAL
You acknowledge and hereby agree to these Terms and Conditions and that it constitutes the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications. We reserve the right, in our sole discretion, to change/ alter/ modify these Terms and Conditions at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or another form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision. The headings in the Terms and Conditions are for convenience only and shall not be used in its interpretation.
If you have any questions regarding these Terms and Conditions, please email us on support@musclefibre.in