LAST REVISION: 2023[Monday/30/01
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 THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Terms of Service Agreement (the “Agreement”) governs your use of this website,
SUPPORT@TUTIST.COM, TUTIST INTERNET SERVICES 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. TUTIST INTERNET SERVICES 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. TUTIST INTERNET SERVICES 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.TUTIST INTERNET SERVICES encourages you to review this
Agreement whenever you visit the Website to make sure that you understand the terms
and conditions governing 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 TUTIST
INTERNET SERVICES 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 products (the “Products”). By placing
an order for Products through this Website, you agree to the terms set forth in this
Agreement.
Customer Solicitation: Unless you notify our third party call centre reps or direct
TUTIST INTERNET SERVICES 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 call solicitations from TUTIST INTERNET
SERVICES 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.
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. TUTIST INTERNET SERVICES does not
always create the information offered on this Website; instead the information is often
gathered from other sources. To the extent that TUTIST INTERNET SERVICES 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. TUTIST INTERNET
SERVICES does not endorse the contents on any such third-party websites.TUTIST
INTERNET SERVICES 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; TUTIST INTERNET SERVICES is not responsible for any damages
resulting from 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
transmission of “spam”, chain letters, junk mail or any other type of unsolicited
communication, and (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 TUTIST INTERNET SERVICES 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 [Business Name] 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. TUTIST INTERNET SERVICES 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. TUTIST INTERNET SERVICES is not liable for any damage
or harm resulting from any posts by or interactions between users. TUTIST INTERNET
SERVICES reserves the right, but has no obligation, to monitor interactions between and
among users of the Website and to remove any content [TUTIST INTERNET SERVICES
deems objectionable, in MuscleUP Nutrition ‘s sole discretion.
III. DISCLAIMER OF WARRANTIES
YOUR USE OF THIS WEBSITE AND/OR PRODUCTS ARE AT YOUR SOLE RISK.
THE WEBSITE AND PRODUCTS ARE OFFERED ON AN “AS IS” AND “AS
AVAILABLE” BASIS. TUTIST INTERNET SERVICES EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE
PRODUCTS OR WEBSITE CONTENT, OR ANY RELIANCE UPON OR USE OF THE
WEBSITE CONTENT OR PRODUCTS. (“PRODUCTS” INCLUDE TRIAL PRODUCTS.)
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TUTIST INTERNET
SERVICES MAKES NO WARRANTY:
THAT THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE,
RELIABLE, COMPLETE, OR TIMELY.
THAT THE LINKS TO THIRD-PARTY WEBSITES ARE TO INFORMATION THAT IS
ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY
YOU FROM THIS WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY
STATED HEREIN.
AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
PRODUCTS OR THAT DEFECTS IN PRODUCTS WILL BE CORRECTED.
REGARDING ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THE
WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
IV. LIMITATION OF LIABILITY
TUTIST INTERNET SERVICES 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.
TUTIST INTERNET SERVICES 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 INTO 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.
V. INDEMNIFICATION
You will release, indemnify, defend and hold harmless TUTIST INTERNET
SERVICES, 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 right of
any person or entity; (5) your violation of any provision of this Agreement; or (6)
any information or data you supplied to TUTIST INTERNET SERVICES. When
TUTIST INTERNET SERVICES is threatened with suit or sued by a third party,
TUTIST INTERNET SERVICES may seek written assurances from you concerning
your promise to indemnify TUTIST INTERNET SERVICES; your failure to provide
such assurances may be considered by TUTIST INTERNET SERVICES to be a
material breach of this Agreement. TUTIST INTERNET SERVICES] 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 TUTIST INTERNET
SERVICES choice at its expense. TUTIST INTERNET SERVICES 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 TUTIST INTERNET SERVICES
against any claim, but you must receive TUTIST INTERNET SERVICES 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.
VI. PRIVACY
TUTIST INTERNET SERVICES believes strongly in protecting user privacy and
providing you with notice of MuscleUP Nutrition ‘s use of data. Please refer to
TUTIST INTERNET SERVICES privacy policy, incorporated by reference herein,
that is posted on the Website.
VI. 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.
VIII. GENERAL
Force Majeure. TUTIST INTERNET SERVICES 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. TUTIST INTERNET SERVICES 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 TUTIST INTERNET SERVICES and supersedes any prior agreements
pertaining to the subject matter contained herein.
Effect of Waiver. The failure of TUTIST INTERNET SERVICES 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 AJMER. This Website originates from the
Ajmer, Rajasthan. This Agreement will be governed by the laws of the State of
Rajasthan without regard to its conflict of law principles to the contrary. Neither
you nor TUTIST INTERNET SERVICES 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 State of Rajasthan. 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.TUTIST INTERNET SERVICES 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 TUTIST INTERNET
SERVICES 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,
TUTIST INTERNET SERVICES 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 TUTIST INTERNET SERVICES chooses, in
its sole discretion and without advance to you, to terminate it.
Domestic Use. TUTIST INTERNET SERVICES 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. TUTIST INTERNET SERVICES may assign its rights and
obligations under this Agreement in its sole discretion and without advance
notice to you.
BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE
TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
