Terms and Conditions
Terms and Condition for using the websiteTERMS OF
SERVICE AGREEMENT
LAST REVISION: [12-NOVEMBER-2023]
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://venusbuilders.in]
(the "Website"), Venus Builders, Hosur ("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. Venus Builders, Hosur
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. Venus Builders, Hosur 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. Venus
Builders, Hosur 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 Venus Builders, Hosur 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 Venus Builders, Hosur 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 Venus
Builders, Hosur 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: venusbuilders25 (at) gmail.com.
3. You may send a written remove request
to Venus Builders, Preetham Complex, Door No: 6, Teachers Colony, Bagalur Road, Hosur 635109, Tamil Nadu, S India].
Proprietary Rights. Venus Builders, Hosur has proprietary rights and
trade secrets in the Products. You may not copy, reproduce, resell
or redistribute any Product manufactured and/or distributed by Venus Builders, Hosur. Venus Builders, Hosur 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. Venus Builders, Hosur does not always
create the information offered on this Website; instead
the information is often gathered from other sources. To the extent that Venus
Builders, Hosur 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. Venus Builders, Hosur does not endorse the
contents on any such third-party websites. Venus Builders, Hosur
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; Venus Builders, Hosur 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 Venus Builders, Hosur 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 Venus
Builders, Hosur 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.
Venus Builders, Hosur 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.
Venus Builders, Hosur is not liable for any damage or harm resulting from any
posts by or interactions between users. Venus Builders, Hosur reserves the
right, but has no obligation, to monitor interactions between and among users
of the Website and to remove any content Venus Builders, Hosur deems objectionable, in
.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. Venus
Builders, Hosur 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, Venus Builders, Hosur
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
Venus
Builders, Hosur 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.
Venus Builders, Hosur
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 Venus Builders, Hosur, 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 Venus Builders, Hosur. When Venus Builders,
Hosur is threatened with suit or sued by a third party, Venus Builders, Hosur may
seek written assurances from you concerning your promise to indemnify Venus Builders, Hosur;
your failure to provide such assurances may be considered by Venus Builders,
Hosur to be a material breach of this Agreement. Venus Builders, Hosur 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 Venus Builders, Hosur choice
at its expense. Venus Builders, Hosur 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 Venus Builders, Hosur against any claim, but you must
receive Venus Builders, Hosur 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
Venus Builders, Hosur believes
strongly in protecting user privacy and providing you with notice of use of
data. Please refer to Venus Builders, Hosur 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. Venus
Builders, Hosur 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. Venus Builders, Hosur 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 Venus
Builders, Hosur and supersedes any prior agreements pertaining to the
subject matter contained herein.
Effect of Waiver. The failure of Venus Builders, Hosur 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 Hosur, 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.
Neither you nor Venus Builders, Hosur 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 Tamil Nadu. 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. Venus
Builders, Hosur 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 Venus Builders, Hosur 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, Venus Builders, Hosur 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 Venus Builders, Hosur chooses, in its sole
discretion and without advance to you, to terminate it.
Domestic Use. Venus
Builders, Hosur 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. Venus Builders, Hosur 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.