PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

This Terms of Service Agreement (the “Agreement”) governs your use of this website, [www.tok2022.com] (the “Website”), [Sev7n] (“Business Name”) offer of products for purchase on this Website, or your purchase of products available on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. [Sev7n] reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. [Sev7n] will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting of any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. [Sev7n] encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing the use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with [Sev7n] for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website. If you would like to print this Agreement, please click the print button on your browser toolbar.

I) PRODUCTS

Terms of Offer. This Website offers for sale certain digital products (the “Products”). By placing an order for digital Products through this Website, you agree to the terms set forth in this Agreement.

Customer Solicitation: Unless you notify our third-party call center reps or direct [Sev7n] sales reps, while they are calling you, of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and calls solicitations [Sev7n] and it’s designated in house or third party call team(s).

Opt-Out Procedure: We provide 3 easy ways to opt out of future solicitations.

  • You may use the opt-out link found in any email solicitation that you may receive.
  • You may also choose to opt out, via sending your email address to: [sev7nib@gmail.com].
  • You may simply delete your profile on www.tok2022.com

Proprietary Rights: [Sev7n Ubiquitous Private Limited] has proprietary rights and trade secrets in the Products. You may not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by [Sev7n Ubiquitous Private Limited]. [Sev7n Ubiquitous Private Limited] also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images and other information.

Good and Service Tax. If you purchase any Products, you will be responsible for paying any applicable GST.

II) WEBSITE

Content

Intellectual Property; Third Party Links. In addition to making Products available, this Website also offers information and marketing materials. This Website also offers information, both directly and through indirect links to third-party websites, about nutritional and dietary supplements. [Sev7n Ubiquitous Private Limited] does not always create the information offered on this Website; instead the information is often gathered from other sources. To the extent that [Sev7n Ubiquitous Private Limited] does create the content on this Website, such content is protected by intellectual property laws of the India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, noncommercial use. Any links to third-party websites are provided solely as a convenience to you. [Sev7n Ubiquitous Private Limited] does not endorse the contents on any such third-party websites. [Sev7n Ubiquitous Private Limited] is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.

Use of Website

[Sev7n Ubiquitous Private Limited] is not responsible for any damages resulting from the use of this website by anyone. You will not use the Website for illegal purposes. You will

  1. abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property)
  2. not interfere with or disrupt the use and enjoyment of the Website by other users
  3. not resell material on the Website
  4. not engage, directly or indirectly, in the transmission of “spam”, chain letters, junk mail, or any other type of unsolicited communication
  5. not defame, harass, abuse, or disrupt other users of the Website

License

By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, noncommercial, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from [Sev7n Ubiquitous Private Limited] or the applicable third party (if third-party content is at issue).

Posting

By posting, storing, or transmitting any content on the Website, you hereby grant [Sev7n Ubiquitous Private Limited] a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. [Sev7n Ubiquitous Private Limited] does not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. [Sev7n Ubiquitous Private Limited] is not liable for any damage or harm resulting from any posts by or interactions between users. [Sev7n Ubiquitous Private Limited] reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content [Sev7n Ubiquitous Private Limited] deems objectionable, in it’s sole discretion.

III) Disclaimer of Third-Party Content

  1. The Platform is merely an intermediary enabling technology that allows Users to search for Content. It is hereby strictly clarified that the information available on the Platform is derived from various third parties (“Third Party Content”). Whilst the Information including but not limited to Third Party Content contained on the Platform have been presented with all due care, Sev7n Ubiquitous private limited does not warrant or represent that the Information or the Third-Party Content is free from errors or omissions.
  2. It is strictly clarified that the Platform may provide access to Third-Party Content and links to third-party websites that are not owned, controlled, or endorsed by Sev7n Ubiquitous Private Limited. Sev7n Ubiquitous Private Limited is not responsible for any third-party content, applications, services, advertisements, and/or links that may be contained in the Platform.
  3. The information including but not limited to third-party content and other Content on the Platform is made available on the understanding that Sev7n Ubiquitous Private Limited and its respective employees and agents shall have no liability (including liability by reason of negligence) to the users for any loss, damage, cost or expense incurred or arising by reason of any person using or relying on the information including but not limited to Third Party Content and other Content on the Platform and whether caused by reason of any error, negligent act, omission or misrepresentation in the information including but not limited to Third Party Content and other Content on the Platform or otherwise.
  4. Sev7n Ubiquitous Private Limited takes no responsibility for the accuracy, reliability correctness, and currency of the information including but not limited to Third Party Content and other Content on the Platform, or for the accuracy, reliability correctness, and currency of links or references to information sources including but not limited to websites or internet sites outside of the Platform. Links to other websites or internet sites are not under the control of Sev7n Ubiquitous Private Limited and are provided for information only. Sev7n Ubiquitous Private Limited has not reviewed or approved any content that appears on the linked websites.
  5. No part of the Platform and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, downloaded, or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise. Sev7n Ubiquitous Private Limited shall have all the rights to take necessary action and claim damage in case of any violation. Such action may also involve terminating the permission for the User to use the Platform by deleting the User Account.
  6. You may use general information about the Platform expressly permitted, provided that You
    1) do not remove any proprietary notice language in all copies of such documents
    2) use such Content only for Your personal, non-commercial informational purpose unless agreed otherwise through an agreement, and do not copy or post such Content on any networked computer or broadcast it in any media
    3) make no modifications to any such Content
    4) do not make any additional representations or warranties relating to such documents.

IV) User Generated Content

  1. As a user of the Platform, You may submit comments, feedback, likes, etc. about the content available on the Platform. The term “User Content” used in this provision shall mean and include any content including without limitation text, comments, graphics, gifs, photos, or any other content You upload to the Platform. You shall be solely responsible for the User Content posted by You and the consequences of submitting or positioning User Content on the Platform.
  2. You hereby grant Us and all Our users a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to reproduce, distribute, create derivate works from, retransmit, and other exploit and use any User Content submitted or posted by You to the Platform. You understand that We may use Your Content for promoting, advertising, or marketing our Company, its affiliates, the Platform, and our Services. Any User Content posted by You to or through the Services will be considered non-confidential and non-proprietary and may be used by Us and other Users in accordance with these terms without notice to You and without any liability to Us. For clarity, you retain all rights, titles, and interests in all User Content and information You submit, upload, or post on the Platform.
  3. We do not pre-screen or monitor any User Content submitted by users to the Platform. However, Sev7n Ubiquitous Private Limited reserves the right to remove, disallow, block, or delete any User Content in our sole discretion with or without notice to You. Your use of the Platform shall be governed by the following:
    i) You shall not submit, upload, or post any content that is sexually explicit, vulgar, or obscene on the Platform.
    ii) You shall not submit, upload, or post any content that is unlawful, illegal, fraudulent, or harmful purpose or activity in contravention of any applicable laws and regulations including the policies and regulations adopted by Google Play Store.
    iii) You shall not submit, upload, or post any content that violates the publicity privacy or any other legal rights of any person or entity.
    iv) You shall not submit, upload, or post any content that amounts to hate speech or incites violence or any racially, culturally, or ethnically offensive content or any content that is harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory or abusive in nature.
    v) You shall not submit, upload, or post any content that may affect the religious sentiments of any person.
    vi) You shall not submit, upload, or post any content that violates or infringes the trademarks, copyrights, or any other proprietary rights including intellectual property rights of any third party.
    vii) You shall not submit, upload, or post any content that adversely or reflects negatively on us, our goodwill, name, or reputation or cause duress, distress, or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features, or functions of the Platform.
    viii) You shall not submit, upload, or post any content intended for advertising, marketing, spam, or offering goods or services, whether or not for a charge or through linking with any other website, application, or web pages.
    ix) You shall not submit, upload, or post any content that bullies, harasses, or disrespects other users who are using the Platform.
    x) You shall not post any spam content. This includes any repetitive comments, content, reports, private messages, or actions designed to mislead or annoy other Users.
    xi) You shall not directly or indirectly use any robot, spider or any other data mining technology or automatic or manual process to monitor, cache, frame, mask, extract data from the Platform, or copy the Content.

V) LIMITATION OF LIABILITY

[sev7n ubiquitous private limited] entire liability, and your exclusive remedy, in law, in equity, or otherwise, with respect to the website content and products and/or for any breach of this agreement is solely limited to the amount you paid, less shipping and handling, for products purchased via the website.

[sev7n ubiquitous private limited] will not be liable for any direct, indirect, incidental, special or consequential damages in connection with this agreement or the products in any manner, including liabilities resulting from

  1.  the use or the inability to use the website content or products
  2. the cost of procuring substitute products or content
  3. any products purchased or obtained, or transactions entered through the website; or
  4.  any lost profits you allege.
    some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to you.

VI. INDEMNIFICATION

You will release, indemnify, defend, and hold harmless [Sev7n Ubiquitous Private Limited], and any of its contractors, agents, employees, officers, directors, shareholders, affiliates, and assigns from all liabilities, claims, damages, costs, and expenses, including reasonable attorneys’ fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations, and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Products or your use of the Products (including Trial Products); (4) any intellectual property or other proprietary rights of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to [Sev7n Ubiquitous Private Limited]. When [Sev7n Ubiquitous Private Limited] is threatened with suit or sued by a third party, [Sev7n Ubiquitous Private Limited] may seek written assurances from you concerning your promise to indemnify [Sev7n Ubiquitous Private Limited]; your failure to provide such assurances may be considered by [Sev7n Ubiquitous Private Limited] to be a material breach of this Agreement. [Sev7n Ubiquitous Private Limited] will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with counsel of [Sev7n] choice at its expense. [Sev7n Ubiquitous Private Limited] will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend [Sev7n Ubiquitous Private Limited] against any claim, but you must receive [Sev7n Ubiquitous Private Limited] prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.

VII. PRIVACY

[Sev7n Ubiquitous Private Limited] believes strongly in protecting user privacy and providing you with notice of MuscleUP Nutrition ‘s use of data. Please refer to [Sev7n Ubiquitous Private Limited] privacy policy, incorporated by reference herein, that is posted on the Website.

VIII. AGREEMENT TO BE BOUND

By using this Website or ordering Products, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.

IX. GENERAL

[Sev7n Ubiquitous Private Limited] will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.

Cessation of Operation. [Sev7n Ubiquitous Private Limited] may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.

Entire Agreement. This Agreement comprises the entire agreement between you and [Sev7n Ubiquitous Private Limited] and supersedes any prior agreements pertaining to the subject matter contained herein.

Effect of Waiver. The failure of [Sev7n Ubiquitous Private Limited] to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

Governing Law; Jurisdiction. This Website originates from the [Gurgaon, Haryana]. This Agreement will be governed by the laws of the State of [Haryana] without regard to its conflict of law principles to the contrary. Neither you nor [Sev7n Ubiquitous Private Limited] will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in Gurugram city in State of Haryana. By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.

Statute of Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Waiver of Class Action Rights. BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.

Termination. [Sev7n Ubiquitous Private Limited] reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and [Sev7n Ubiquitous Private Limited] may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, [Sev7n Ubiquitous Private Limited] reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until [Sev7n Ubiquitous Private Limited] chooses, in its sole discretion and without advance to you, to terminate it.

Domestic Use. [Sev7n Ubiquitous Private Limited] makes no representation that the Website or Products are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.

Assignment. You may not assign your rights and obligations under this Agreement to anyone. [Sev7n Ubiquitous Private Limited] may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.

BY USING SEV7N.IN WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.