TERMS AND CONDITIONS OF SERVICE AGREEMENT

Introduction

1.1   These terms and conditions shall govern your use of our website.

1.2   By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1.3   If you [register with our website, submit any material to our website or use any of our website services], we will ask you to expressly agree to these terms and conditions.

1.4   You must be at least [18] years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least [18] years of age.

1.5   Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our [privacy and cookies policy].

2.     WEBSITE DETAILS

 2.1   Our ID is www.telekonnectors.com or www.telekonnectors.in

3.     COPYRIGHT NOTICE

3.1   Copyright (c) 2017. Telekonnectors Ltd.

3.2   Subject to the express provisions of these terms and conditions:

(a)    we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b)    all the copyright and other intellectual property rights in our website and the material on our website are reserved.

4.     LICENSE TO USE WEBSITE

4.1   You may:

(a)    View pages from our website in a web browser;

(b)    download pages from our website for caching in a web browser;

(c)    print pages from our website;

(d)    [stream audio and video files from our website]; and

(e)    [use [our website services] by means of a web browser],

        subject to the other provisions of these terms and conditions.

4.2   Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

4.3   You may only use our website for [your own personal and business purposes], and you must not use our website for any other purposes.

4.4   Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

4.5   Unless you own or control the relevant rights in the material, you must not:

(a)    republish material from our website (including republication on another website);

(b)    sell, rent or sub-license material from our website;

(c)    show any material from our website in public;

(d)    exploit material from our website for a commercial purpose; or

(e)    redistribute material from our website.

4.6   Notwithstanding Section 4.5, you may redistribute [our newsletter] in [print and electronic form] to [any person].

4.7   We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

5.     ACCEPTABLE USE

5.1   You must not:

(a)    use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b)    use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c)    use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d)    [conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent];

(e)    [access or otherwise interact with our website using any robot, spider or other automated means[, except for the purpose of [search engine indexing]]];

(f)     [violate the directives set out in the robots.txt file for our website]; or

(g)    [use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing)].

 5.2   You must not use data collected from our website to contact individuals, companies or other persons or entities.

5.3   You must ensure that all the information you supply to us through our website, or in relation to our website, is [true, accurate, current, complete and non-misleading].

6.     REGISTRATION AND ACCOUNTS

 6.1   You may register for an account with our website by [completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you].

6.2   You must not allow any other person to use your account to access the website.

6.3   You must notify us in writing immediately if you become aware of any unauthorized use of your account.

6.4   You must not use any other person’s account to access the website[, unless you have that person’s express permission to do so].

7.     USER LOGIN DETAILS

7.1   If you register for an account with our website, [we will provide you with] OR [you will be asked to choose] [a user ID and password].

7.2   Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person.

7.3   You must keep your password confidential.

7.4   You must notify us in writing immediately if you become aware of any disclosure of your password.

7.5   You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

8.     CANCELLATION AND SUSPENSION OF ACCOUNT – OPTIONAL

8.1   We may:

(a)    [suspend your account];

(b)    [cancel your account]; and/or

(c)    [edit your account details],

        at any time in our sole discretion without notice or explanation.

8.2   You may cancel your account on our website [using your account control panel on the website].

 9.     YOUR CONTENT: LICENSE

9.1   In these terms and conditions, “your content” means [all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website].

9.2   You grant to us a [worldwide, irrevocable, non-exclusive, royalty-free license] to [use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media] OR [reproduce, store and publish your content on and in relation to this website and any successor website] OR [reproduce, store and, with your specific consent, publish your content on and in relation to this website].

9.3   You grant to us the right to sub-license the rights licensed under Section 9.2.

9.4   You grant to us the right to bring an action for infringement of the rights licensed under Section 9.2.

9.5   You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

9.6   You may edit your content to the extent permitted using the editing functionality made available on our website.

9.7   Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

10.   YOUR CONTENT: RULES

10.1 You warrant and represent that your content will comply with these terms and conditions.

10.2 Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

10.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a)    be libellous or maliciously false;

(b)    be obscene or indecent;

(c)    infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(d)    infringe any right of confidence, right of privacy or right under data protection legislation;

(e)    constitute negligent advice or contain any negligent statement;

(f)     constitute an incitement to commit a crime[, instructions for the commission of a crime or the promotion of criminal activity];

(g)    be in contempt of any court, or in breach of any court order;

(h)    be in breach of racial or religious hatred or discrimination legislation;

(i)     be blasphemous;

(j)     be in breach of official secrets legislation;

(k)    be in breach of any contractual obligation owed to any person;

(l)     [depict violence[ in an explicit, graphic or gratuitous manner]];

(m)   [be pornographic[, lewd, suggestive or sexually explicit]];

(n)    [be untrue, false, inaccurate or misleading];

(o)    [consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage];

(p)    [constitute spam];

(q)    [be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory]; or

(r)     [cause annoyance, inconvenience or needless anxiety to any person].

 11.   LIMITED WARRANTIES

11.1 We do not warrant or represent:

(a)    the completeness or accuracy of the information published on our website;

(b)    that the material on the website is up to date; or

(c)    that the website or any service on the website will remain available.

11.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

11.3 To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

12.   LIMITATIONS AND EXCLUSIONS OF LIABILITY

12.1 Nothing in these terms and conditions will:

(a)    limit or exclude any liability for death or personal injury resulting from negligence;

(b)    limit or exclude any liability for fraud or fraudulent misrepresentation;

(c)    limit any liabilities in any way that is not permitted under applicable law; or

(d)    exclude any liabilities that may not be excluded under applicable law.

12.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:

(a)    are subject to Section 12.1; and

(b)    govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

12.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

12.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

12.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

12.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.

12.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.

12.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

13.   BREACHES OF THESE TERMS AND CONDITIONS

13.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a)    send you one or more formal warnings;

(b)    temporarily suspend your access to our website;

(c)    permanently prohibit you from accessing our website;

(d)    [block computers using your IP address from accessing our website];

(e)    [contact any or all of your internet service providers and request that they block your access to our website];

(f)     commence legal action against you, whether for breach of contract or otherwise; and/or

(g)    [suspend or delete your account on our website].

 13.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking [ (including without limitation [creating and/or using a different account])].

14.   VARIATION

14.1 We may revise these terms and conditions from time to time.

14.2 [The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.] OR [We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our website from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our website.]

14.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.

15.   ASSIGNMENT

15.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

15.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

16.   SEVERABILITY

16.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

16.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

17.   THIRD PARTY RIGHTS

17.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

17.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.

18.   ENTIRE AGREEMENT

18.1 Subject to Section 12.1, these terms and conditions[, together with [our privacy and cookies policy],] shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

19.   LAW AND JURISDICTION

19.1 These terms and conditions shall be governed by and construed in accordance with the laws prevailing in our country.

19.2 In the event of any dispute arising under or by virtue of     this agreement or any difference of opinion between the parties concerning their rights and obligations under this agreement, the Parties shall use their best efforts to resolve such dispute or difference amicably by discussion and mutual accord. If the dispute cannot be resolved in this manner within fifteen (15) days, the Parties shall arrange a meeting between appropriate representatives designated by each Party, who shall have an additional fifteen (15) days to resolve the dispute or difference. If the dispute or difference is not settled within the thirty (30) days period, then, unless the Parties otherwise agree in writing, either Party may serve written notice on the other Party stating its intention to proceed to arbitration. The unresolved claim, dispute or difference shall be finally settled by arbitration under the Arbitration Act, 1996 by the Nani Palkhivala Arbitration Centre currently functioning at No.22, Karpagambal Nagar, Mylapore, Chennai 600 004, who will appoint the sole Arbitrator and will conduct the Arbitration in accordance with its rules for conduct of Arbitration proceedings then in force. Such arbitration shall be the sole and exclusive remedy between the Parties with respect to such dispute. In the event of any claim, dispute or difference being referred to arbitration, this Contract will continue to be enforced. The arbitration shall take place in Chennai, Tamil Nadu. The arbitration award shall be final and binding on each Party

20.   STATUTORY AND REGULATORY DISCLOSURES

20.1 We are registered with Ministry of Corporate Affairs and our corporate identification number is U29142TN1988PLC01564.We have complied with all related registries as per the rules and regulations of Companies act of Govt. of India.

20.2 Our GST number is 33AAACT9234120.

20.3 All details are available and will be given against specific request.

21.   OUR DETAILS

21.1 This website is owned and operated by Telekonnectors Ltd..

21.2 We are registered in [INDIA] under registration number U29142TN1988PLC01564, and our registered office is at 161, Thiruvalluvar Salai, Thiruvanmiyur Chennai – 600 041.

21.3 Our principal place of business is at T11-T12, Dr.VSI Estate, II Phase, 7th Street Thiruvanmiyur Chennai – 600 041

21.4 You can contact us:

(a)    [by post, using the postal address [given above]];

(b)    [using our website contact form];

(c)    [by telephone, on [the contact number published on our website from time to time]]; or

(d)    [by email, using [the email address published on our website from time to time]].

 TERMS AND CONDITIONS FOR SALE AND PURCHASE THROUGH OUR WEBSITE

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.telekonnectors.com/www.telekonnectors.in (the “Website”), Telekonnectors 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. Telekonnectors 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. Telekonnectors 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. Telekonnectors 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 with Telekonnectors 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.

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 center reps or direct Telekonnectors 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 Telekonnectors Ltd. and its designated in house or third party call team(s).  

Opt 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: support@telekonnectors.com

3. You may send a written remove request to T11-T12, Dr.VSI Estate, II Phase 7th Street Thiruvanmiyur Chennai – 600 041 .

Proprietary Rights. Telekonnectors 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 Telekonnectors Ltd.. Telekonnectors 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.

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. Telekonnectors Ltd. does not always create the information offered on this Website; instead the information is often gathered from other sources. To the extent that Telekonnectors Ltd. 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. Telekonnectors Ltd. does not endorse the contents on any such third-party websites. Telekonnectors 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; Telekonnectors 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 Telekonnectors 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 Telekonnectors 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. Telekonnectors Ltd. 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. Telekonnectors Ltd. is not liable for any damage or harm resulting from any posts by or interactions between users. Telekonnectors Ltd. reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content Telekonnectors Ltd.  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. Telekonnectors 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, Telekonnectors 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.

IV. LIMITATION OF LIABILITY

TELEKONNECTORS 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.

TELEKONNECTORS 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.

V. INDEMNIFICATION

You will release, indemnify, defend and hold harmless Telekonnectors 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 Telekonnectors Ltd. When Telekonnectors Ltd. is threatened with suit or sued by a third party, Telekonnectors Ltd. may seek written assurances from you concerning your promise to indemnify Telekonnectors Ltd.; your failure to provide such assurances may be considered by Telekonnectors Ltd. to be a material breach of this Agreement. Telekonnectors 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 Telekonnectors Ltd. choice at its expense. Telekonnectors 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 Telekonnectors Ltd. against any claim, but you must receive Telekonnectors 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.

VI. PRIVACY

Telekonnectors Ltd. believes strongly in protecting user privacy and providing you with notice of MuscleUP Nutrition ‘s use of data. Please refer to Telekonnectors Ltd. 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. Telekonnectors 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. Telekonnectors 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 Telekonnectors Ltd. and supersedes any prior agreements pertaining to the subject matter contained herein.

Effect of Waiver. The failure of Telekonnectors 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; India. This Website originates from the Chennai, Tamil Nadu. This Agreement will be governed by the laws of the State of Tamil Nadu without regard to its conflict of law principles to the contrary. In the event of any dispute arising under or by virtue of     this agreement or any difference of opinion between the parties concerning their rights and obligations under this agreement, the Parties shall use their best efforts to resolve such dispute or difference amicably by discussion and mutual accord. If the dispute cannot be resolved in this manner within fifteen (15) days, the Parties shall arrange a meeting between appropriate representatives designated by each Party, who shall have an additional fifteen (15) days to resolve the dispute or difference. If the dispute or difference is not settled within the thirty (30) days period, then, unless the Parties otherwise agree in writing, either Party may serve written notice on the other Party stating its intention to proceed to arbitration. The unresolved claim, dispute or difference shall be finally settled by arbitration under the Arbitration Act, 1996 by the Nani Palkhivala Arbitration Centre currently functioning at No.22, Karpagambal Nagar, Mylapore, Chennai 600 004, who will appoint the sole Arbitrator and will conduct the Arbitration in accordance with its rules for conduct of Arbitration proceedings then in force. Such arbitration shall be the sole and exclusive remedy between the Parties with respect to such dispute. In the event of any claim, dispute or difference being referred to arbitration, this Contract will continue to be enforced. The arbitration shall take place in Chennai, Tamil Nadu. The arbitration award shall be final and binding on each Party.

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. Telekonnectors 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 and Telekonnectors 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, Telekonnectors 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 Telekonnectors Ltd. chooses, in its sole discretion and without advance to you, to terminate it.

Domestic Use. Telekonnectors 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. Telekonnectors 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 AGREEMENT.