Terms & Conditions
TERMS OF
SERVICE AGREEMENT
LAST REVISION: [April 17, 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, giantimpex.in (the "Website"), ("Giant Impex") 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. Giant Impex 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. [Giant Impex] 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. Giant Impex 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 Giant Impex 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 [Giant
Impex] 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 Giant Impex 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: info@giantimpex.in.
3. You may send a written remove request to Giant Impex, 2nd Floor, Plot No.545-C, Sector-37, Gurgaon, Haryana -122001, India.
Proprietary Rights. Giant Impex has proprietary rights and trade
secrets in the Products. You may not copy, reproduce, resell or redistribute any
Product manufactured and/or distributed by Giant
Impex. Giant Impex 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. Giant Impex does not
always create the information offered on this Website; instead the information
is often gathered from other sources. To the extent that Giant Impex 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. Giant Impex does not endorse the contents on
any such third-party websites. Giant Impex 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; Giant Impex 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 Giant Impex 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 Giant Impex 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. Giant Impex 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. [Giant Impex] is not
liable for any damage or harm resulting from any posts by or interactions
between users. Giant Impex reserves the right, but has no obligation, to
monitor interactions between and among users of the Website and to remove any
content Giant Impex deems objectionable, in online products 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. GIANT IMPEX 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, GIANT IMPEX 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
GIANT IMPEX 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.
GIANT IMPEX 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 Giant Impex, 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 [Giant Impex]. When Giant Impex is
threatened with suit or sued by a third party, Giant Impex may seek written
assurances from you concerning your promise to indemnify Giant Impex; your
failure to provide such assurances may be considered by Giant Impex to be a material
breach of this Agreement. Giant Impex 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 Giant Impex choice at its
expense. Giant Impex 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 Giant Impex against any claim, but you must receive Giant
Impex 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
Giant Impex believes
strongly in protecting user privacy and providing you with notice of our online products data. Please refer to Giant Impex 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. Giant Impex 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. Giant Impex 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 Giant
Impex and supersedes any prior agreements pertaining to the subject
matter contained herein.
Effect of Waiver. The failure of Giant Impex 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 Gurugram, Haryana. This Agreement will be governed by the laws of the
State of Haryana without regard to its conflict of law principles to the
contrary. Neither you nor Giant Impex 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 Haryana. 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. Giant Impex 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 Giant Impex 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, Giant Impex 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 Giant Impex chooses,
in its sole discretion and without advance to you, to terminate it.
Domestic Use. Giant Impex 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. Giant Impex 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.