The Terms of Service
LAST REVISION: 16/05/2020
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, or liaisonit.com (the "Website"), LiaisonIT INC. ("Business Name") the 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. LiaisonIT INC. 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. LiaisonIT INC. 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. LiaisonIT INC. 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 LiaisonIT INC. 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 of 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 LiaisonIT INC. 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 LiaisonIT INC. and it's designated in house or third party call team(s).
Opt-Out Procedure: We provide 3 easy ways to opt-out from 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 firstname.lastname@example.org.
You may send a written remove request to A505, Majestique City, Wagholi, Pune, Maharashtra, IN – 412207.
Proprietary Rights. LiaisonIT INC. has proprietary rights and trade secrets in the Products. You may not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by LiaisonIT INC. LiaisonIT INC. 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.
Tax. If you purchase any Products, you will be responsible for paying any applicable GST.
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. LiaisonIT INC. does not always create the information offered on this Website; instead, the information is often gathered from other sources. To the extent that LiaisonIT INC. does create the content on this Website, such content is protected by intellectual property laws of 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. LiaisonIT INC. does not endorse the contents on any such third-party websites. LiaisonIT INC. 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; LiaisonIT INC. 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 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 LiaisonIT INC. 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 LiaisonIT INC. 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. LiaisonIT INC. 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. LiaisonIT INC. is not liable for any damage or harm resulting from any posts by or interactions between users. LiaisonIT INC. reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content LiaisonIT INC. 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. LiaisonIT INC. 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, LiaisonIT INC. 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
LiaisonIT INC. Entire liability, and your exclusive remedy, in law, inequity, 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.
LiaisonIT INC. 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 LiaisonIT INC., 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 LiaisonIT INC.. When LiaisonIT INC. is threatened with suit or sued by a third party, LiaisonIT INC. may seek written assurances from you concerning your promise to indemnify LiaisonIT INC.; your failure to provide such assurances may be considered by LiaisonIT INC. to be a material breach of this Agreement. LiaisonIT INC. 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 LiaisonIT INC. the choice at its expense. LiaisonIT INC. 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 LiaisonIT INC. against any claim, but you must receive LiaisonIT INC. 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. AGREEMENT TO BE BOUND
By using this Website or ordering Products/Services, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.
LiaisonIT INC. 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, an act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
Cessation of Operation. LiaisonIT INC. 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 LiaisonIT INC. and supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver. The failure of LiaisonIT INC. 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 Pune, Maharashtra. This Agreement will be governed by the laws of the State of Maharashtra, India without regard to its conflict of law principles to the contrary. Neither you nor LiaisonIT INC. 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 the State of Maharashtra. 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 to arise 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. LiaisonIT INC. 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 LiaisonIT INC. 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, LiaisonIT INC. reserves the right to exercise whatever means it deems necessary to prevent unauthorized access to the Website. This Agreement will survive indefinitely unless and until LiaisonIT INC. chooses, in its sole discretion and without advance to you, to terminate it.
Domestic Use. LiaisonIT INC. 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. LiaisonIT INC. may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
Estimates. All estimates/quotes are based on our understanding of your requirements and as per the given time-frame. Any changes to the functionality including micro-improvements may incur additional costs accordingly. Please ensure and clarify our understanding in a face to face meeting.
Clarity. Clients to ensure that we have included all requirements in the quotes/proposals/estimates and that we fully understand their requirements. Clients must provide us with clear guidelines along with the flow or specific details they may require. When such details are not provided, we will proceed with our understanding of the requirements and quote accordingly. At a later stage, if a discrepancy arises, it may lead to additional costs to accommodate the changes. Thus, it is essential that you clarify every aspect of your website development and ensure that you have been quoted on the right requirements. LiaisonIT INC. will make every effort to complete the project/changes in the given timeframe. Reasonable delays are accepted if functionalities are redefined or modified. Any delays at client’s end, may delay the project and proposed timeframes and may incur additional costs.
Rework. Any re-work on an already completed task will attract additional charges. Any changes in the design after the design approval will incur additional charges. Any modifications requested during the development or after the Go-Live approval will incur additional charges. All additional work, over and above the estimates is charged separately.
TimeFrame. The timeframe of *72 hours, as quoted on the website is deemed admissible after all the deliverables pertaining to the delivery of the website which includes all collaterals from the Client that may or may not include the images to be used for representation, the type of the website to be built and references, if any, has been delivered to LiaisonIT INC. by the Client. To deliver promptly. the Website/application content and all related materials need to be provided to us within the first two weeks of starting the project. Any delays thereafter may delay the project and may incur additional charges if it goes beyond a reasonable and agreed timeframe.
Testing. Our websites/applications are generally tested on PCs and include near recent versions of the following browsers: IE, & Chrome. If you require testing to be done on any other browser, please let us know in advance. Responsive/multi-device compatible web pages are tested on iPhone and iPads. If you require testing to be done on any other device, please discuss it in advance.
Servers. If your website/application is not hosted on our requested server, any additional man-hours that may be required due to any server or network related issues are not covered in our quotes and may be charged separately.
Stalled. Please note that at any stage during the project, the stalling of the project for over two calendar months will incur INR 9000/week administration costs. Furthermore, it may increase the previously approved estimates. If you require the project to be put on hold, please advise us in writing in advance. To put the project on hold without incurring additional charges, we will need the account to be up to date based on the work done. Further details can be discussed if such a situation arises.
IPR. All content of this website is a property of LiaisonIT INC. unless otherwise specified. LiaisonIT INC. reserves the right to change the content or policies without any prior notice. The project related copyrights can be transferred to the client at an additional cost, after the full payment of the project and upon signing the Certificate of Sign-Off. LiaisonIT INC. reserves the rights to refuse the transfer of ownership if irregular circumstances arise. Copyrights handed over to the client do not include rights to re-use the code for another website or re-sell the programming codes for any commercial or non-commercial purposes. In the case of business restructuring or ownership change, ownership of the website may be transferred from one owner to another. New owners are not allowed to re-sell or re-use for any commercial or non-commercial purpose. In an event of a Webmaster change, site owners are not allowed to display the credits to the new website, unless such time that the website functionality and appearance is changed by over 50% of our original work. Clients, Partners, Suppliers, Sub-contractors and any other 3rd party organisation or individual are not allowed to use LiaisonIT INC.’s name, logo and symbol in any way shape or form without a written permission from us.
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.