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, https://www.deepflow.in/ (the "Website"), Deepflow Technologies Pvt Ltd ("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. Deepflow Technologies Pvt Ltd 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. Deepflow Technologies Pvt Ltd 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 any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. Deepflow Technologies Pvt Ltd 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 withDeepflow Technologies Pvt Ltd 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.
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.
Solicitation: Unless you notify our third
party call center reps or direct Deepflow Technologies Pvt
Ltd 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 Deepflow
Technologies Pvt Ltdand its designated in house or third
party call team(s).
Out Procedure: We provide 3 easy ways to
opt out of from future solicitations.
1. You may use the opt out link found in any email
solicitation that you may receive.
2. You may also choose to opt out, via sending your email
address to:admin@deepflow.in Proprietary Rights.Deepflow
Technologies Pvt Ltd has proprietary rights and trade
secrets in the Products. You may not copy, reproduce,
resell or redistribute any Product manufactured and/or
distributed by Deepflow Technologies Pvt Ltd. Deepflow
Technologies Pvt Ltd 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.
Sales Tax. If you purchase any Products, you will be
responsible for paying any applicable sales tax.
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.Deepflow Technologies Pvt Ltd does
not always create the information offered on this Website;
instead the information is often gathered from other
sources. To the extent that Deepflow Technologies Pvt
Ltddoes 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. Deepflow Technologies Pvt Ltd
does not endorse the contents on any such third-party
websites. Deepflow Technologies Pvt Ltd 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; Deepflow Technologies Pvt Ltd 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 Deepflow Technologies
Pvt Ltd 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 Deepflow Technologies Pvt
Ltd 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. Deepflow Technologies Pvt Ltddoes 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. Deepflow Technologies
Pvt Ltdis not liable for any damage or harm resulting from
any posts by or interactions between users. Deepflow
Technologies Pvt Ltdreserves the right, but has no
obligation, to monitor interactions between and among
users of the Website and to remove any content Deepflow
Technologies Pvt Ltd deems objectionable, in MuscleUP
Nutrition 's sole discretion.
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. Deepflow Technologies Pvt Ltd
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, Deepflow
Technologies Pvt Ltd 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.
Deepflow Technologies Pvt Ltd ENTIRE LIABILITY, AND YOUR
EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHWERWISE, 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.
Deepflow Technologies Pvt Ltd 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.
You will release, indemnify, defend and hold harmless Deepflow Technologies Pvt Ltd, 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 Deepflow Technologies Pvt Ltd. When Deepflow Technologies Pvt Ltd is threatened with suit or sued by a third party, Deepflow Technologies Pvt Ltd may seek written assurances from you concerning your promise to indemnifyDeepflow Technologies Pvt Ltd; your failure to provide such assurances may be considered by Deepflow Technologies Pvt Ltd to be a material breach of this Agreement. Deepflow Technologies Pvt Ltd 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 Deepflow Technologies Pvt Ltd choice at its expense. Deepflow Technologies Pvt Ltd 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 Deepflow Technologies Pvt Ltd against any claim, but you must receive Deepflow Technologies Pvt Ltd 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.
Deepflow Technologies Pvt Ltd believes strongly in protecting user privacy and providing you with notice of MuscleUP Nutrition 's use of data. Please refer to Deepflow Technologies Pvt Ltd privacy policy, incorporated by reference herein, that is posted on the Website.
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.
Force Majeure. Deepflow Technologies Pvt Ltd 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.Deepflow Technologies Pvt Ltd 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 Deepflow Technologies Pvt Ltd
and supersedes any prior agreements pertaining to the
subject matter contained herein.
Effect of Waiver. The failure of Deepflow Technologies Pvt
Ltd 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 Kannur, Kerala. This Agreement will be governed by the
laws of the State of Keralawithout regard to its conflict
of law principles to the contrary. Neither you nor
Deepflow Technologies Pvt Ltd 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 Kerala . 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. Deepflow Technologies Pvt Ltd 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 andDeepflow Technologies Pvt
Ltd 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, Deepflow
Technologies Pvt Ltd 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 Deepflow Technologies Pvt
Ltd chooses, in its sole discretion and without advance to
you, to terminate it.
Domestic Use. Deepflow Technologies Pvt Ltd 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. Deepflow Technologies Pvt
Ltd 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 OF THE TERMS AND
CONDITIONS OF THIS AREEMENT.