LAST REVISION: 1st Sepetember 2018.
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, (the "Website"), iQ ("Business Name") – QR Analytics, a Product Based Company 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. iQ – Quick Response Analytics, Product Based Company 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. iQ – Quick Response Analytics, Product Based Company 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. iQ – Quick Response Analytics, Product Based Company 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 iQ – Quick Response Analytics, Product Based Company 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 iQ – Quick Response Analytics, Product Based Company 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 iQ – Quick Response Analytics, Product Based Company 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: [opt-out email].
3. You may send a written remove request to KRM Plaza, 8th Floor , Harrington Road, Chetpet , Chennai - 600031.
Proprietary Rights. iQ – Quick Response Analytics, Product Based Company has proprietary rights and trade secrets in the Products. You may not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by iQ – Quick Response Analytics, Product Based Company 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. iQ – Quick Response Analytics, Product Based Company does not always create the information offered on this Website; instead the information is often gathered from other sources. To the extent that iQ – Quick Response Analytics, Product Based Company 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. iQ – Quick Response Analytics, Product Based Company does not endorse the contents on any such third-party websites. iQ – Quick Response Analytics, Product Based Company 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; iQ – Quick Response Analytics, Product Based Company 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 iQ – Quick Response Analytics, Product Based Company 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 iQ – Quick Response Analytics, Product Based Company 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. iQ – Quick Response Analytics, Product Based Company 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. iQ – Quick Response Analytics, Product Based Company is not liable for any damage or harm resulting from any posts by or interactions between users. iQ – Quick Response Analytics, Product Based Company reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content iQ – Quick Response Analytics, Product Based Company 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. iQ – Quick Response Analytics, Product Based Company 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, iQ – Quick Response Analytics, Product Based Company 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
iQ – Quick Response Analytics, Product Based Company 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.
iQ – Quick Response Analytics, Product Based Company 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 iQ, 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 [Business Name]. When iQ – Quick Response Analytics, Product Based Company is threatened with suit or sued by a third party, iQ – Quick Response Analytics, Product Based Company may seek written assurances from you concerning your promise to indemnify [Business Name]; your failure to provide such assurances may be considered by iQ – Quick Response Analytics, Product Based Company to be a material breach of this Agreement. iQ – Quick Response Analytics, Product Based Company 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 iQ – Quick Response Analytics, Product Based Company choice at its expense. iQ – Quick Response Analytics, Product Based Company 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 iQ – Quick Response Analytics, Product Based Company against any claim, but you must receive iQ – Quick Response Analytics, Product Based Company 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
iQ – Quick Response Analytics, Product Based Company believes strongly in protecting user privacy and providing you with notice of MuscleUP Nutrition 's use of data. Please refer to iQ – Quick Response Analytics, Product Based Company 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. iQ – Quick Response Analytics, Product Based Company 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. iQ – Quick Response Analytics, Product Based Company 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 iQ – Quick Response Analytics, Product Based Company and supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver. The failure of iQ – Quick Response Analytics, Product Based Company 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 Chennai, Tamil Nadu, India. This Agreement will be governed by the laws of the State of Chennai, India without regard to its conflict of law principles to the contrary. Neither you nor iQ – Quick Response Analytics, Product Based Company 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. iQ – Quick Response Analytics, Product Based Company 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 iQ – Quick Response Analytics, Product Based Company 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, iQ – Quick Response Analytics, Product Based Company 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 iQ – Quick Response Analytics, Product Based Company chooses, in its sole discretion and without advance to you, to terminate it.
Domestic Use. iQ – Quick Response Analytics, Product Based Company 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. iQ – Quick Response Analytics, Product Based Company may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
Any dispute, it is taken as a mark of spoiling iQ – Quick Response Analytics, Product Based Company Name & Reputation, you, shall pay or reimburse iQ – Quick Response Analytics, Product Based Company’s & his Advocate’s travelling expenses every month and also the Court fee, Advocate fee and any other court related fee related to the case at Lessee’s own cost and irrespective of the judgment worldwide.
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.
Fees & Payment
Some features of the Services require the payment of a fee. If you elect to avail yourself of these features, you shall pay all fees applicable to the subscription period that you choose. We reserve the right to change the payment terms and fees at our sole discretion, provided that any such change shall become effective at the end of the then‐current term of your subscription.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment thereof. You agree to pay for any taxes that might be applicable to your use of the Service and payments you make to us. All sales of iQ – Quick Response Analytics, product of Prince Global Consultants are final and non-refundable. And their Decisions are no way related to Raj Ramakrishnan Group of Companies.
Password Tracking
You are responsible for securely managing your password(s) for access to the Services. If you become aware of any unauthorized access to your Services account, theft or loss of your password, you agree to contact iQ – Quick Response Analytics as soon as possible. you will not send, post, transmit or otherwise use any iQ – Quick Response Analytics, a Product of Prince Global Consultants provided content, including the Raj Ramakrishnan Group name or the Services, in connection with any materials, sites or otherwise that:
(i) will generate or facilitate unsolicited bulk commercial emails;
(ii) will, or otherwise encourage, the violation of the legal rights of others;
(iii) is for an unlawful, invasive, infringing, defamatory, or fraudulent purpose;
(iv) contains obscene or pornographic content. And damages its rights, reputation, or goodwill; and
(v) we may terminate your right to link to the Website at any time for any reason or no reason. And Raj Ramakrishnan Group of Companies is not responsible for any data theft / loss in any form. Incentives iQ – Quick Response Analytics, a Product of Prince Global Consultants may elect to provide Participant with Incentives to offer its Eligible Referrals from time to time. Use of any applicable Incentives will be subject to the governing terms and conditions as provided by iQ – Quick Response Analytics, a Product of Prince Global Consultants. Promotional Information The iQ – Quick Response Analytics, a Product of Prince Global Consultants may display or provide information regarding specific programs, offers, or promotions. Any such Promotional Offer is subject to its specific terms, conditions and restrictions. Please refer to and read carefully the terms, conditions and restrictions of each Promotional Offer. The iQ – Quick Response Analytics, a Product of Prince Global Consultants reserves the right to modify, alter or withdraw any Promotional Offer at any time without notice. Each Promotional Offer is void where prohibited by law.
By agreeing to these terms, you authorize us to make any reasonable and necessary inquiries to validate your account and financial information.
Rules of Conduct
1. You shall not use the Services for any purpose that is prohibited by these Terms of Service and acknowledge that you are responsible for all of your activity in connection with the Services.
2. You shall not, and shall not permit any third party to, use the Services to facilitate direct or indirect access to content or material that:
a) Is unlawful, fraudulent, criminal or otherwise illegal activities
b) Is in breach of any other third party's rights, including downloading, installation or distribution of pirated software or other inappropriately licensed software, deletion of any author attributions, legal notices or proprietary designations or labels in any file that is uploaded, falsification of the origin or source of any software or other material.
c) Incites promotes or encourages violent, exploitative, racist, discriminatory, socially unacceptable or irresponsible behavior.
d) Compromise the rights of, brings harm to, or in any way unfairly deals with children and minors.
e) Invade another's privacy, cause annoyance, inconvenience or needless anxiety to any person.
f) Streams, distributes, links to or accesses any material that you know, or reasonably should know, cannot be legally streamed, distributed, linked to or accessed.
g) Is offensive, abusive, defamatory, indecent, obscene, unlawful, harassing or menacing.
h) Is a breach of the copyright, trademark, intellectual property, confidence, privacy or any other rights of any person or entity.
i) That contain viruses, Trojans, malware, corrupted files, machine‐readable Analytics, or any other similar software or programmers which are known or likely to interrupt, damage, destroy or limit the functionality of any computer software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information.
j) Is otherwise determined by us to be inappropriate at our sole discretion.
3. You shall not:
a) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on iQ – Quick Response Analytics (or its third party providers') infrastructure;
b) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services;
c) bypass any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services);
d) harvest or scrape any content, data, Analytics, scripting, images from the Services; or
e) otherwise take any action in violation of our guidelines and policies.
4. You shall not (directly or indirectly):
a) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any aspect, feature or part of the Services, except to the limited extent applicable laws specifically prohibit such restriction;
b) modify, translate, or otherwise create derivative works of any part of the Services; or
c) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
5. We also reserves the right to access, read, preserve, and disclose any information as we reasonably believes is necessary to:
a) satisfy any applicable law, regulation, legal process or governmental request;
b) enforce these Terms of Service, including investigation of potential violations hereof;
c) detect, prevent, or otherwise address fraud, security or technical issues;
d) respond to user support requests; or
e) protect the rights, property or safety of iQ – Quick Response Analytics, its users and the public. This includes exchanging information with other companies and organizations for fraud protection and spam prevention. You agree that we may, at our sole discretion, temporarily or permanently terminate, suspend or limit your access to all or part of the Services with or without notice in response to any violation or breach of the above provisions. Depending on the seriousness, scope, severity, or duration of the violation or breach, the degree of detriment to other users, and our past interactions with the user identified as being responsible for of the violation or breach, such remedies may include, individually or severally, and at our sole discretion:
a) Temporarily or permanently disabling or limiting any or all QR Analytics and associated short URL’s that directly relate to said violation or breach.
b) Immediately deleting or removing from our database any or all QR Analytics and associated short URL’s that directly relate to said violation or breach.
c) Immediately disabling user access to the subscriber account associated with any or all QR codes that directly relate to said violation or breach.
d) Immediately cancelling the subscriber account associated with any or all QR codes that directly relate to said violation or breach.
e) Immediately deleting the subscriber account associated with any or all QR codes that directly relate to said violation or breach, including the forfeiture and deletion of all information and data that we hold associated with that subscriber account including, but not limited to, all other QR codes and associated short URL’s therein created during prior use of the Services.
f) Banning the IP address of the user to prevent their access to the Services. You agree that we shall not be held liable to you or to any third party, in whole or in part, with respect to loss of use, loss of profit, loss of revenue, loss of goodwill, loss of data, cost of procurement of substitute goods or services, or any other intangible losses or costs to you or any third person arising from the actions we take in responding to a violation or breach of our Rules Of Conduct. Any dispute, it is taken as a mark of spoiling Prince Global Consultants and Raj Ramakrishnan Group of Companies Name & Reputation, you , shall pay or reimburse the Company & his Advocate’s travelling expenses every month and also the Court fee, Advocate fee and any other court related fee related to the case at your own cost and irrespective of the judgment. I read, accept & understand that iQ – Quick Response Analytics is a product of Prince Global Consultants unit of Raj Ramakrishnan Group of Companies that include himself, his legal heirs, executers, administrators, legal representatives and assignees and never spoil its name & reputation at any time / or in any form and shall not include / involve Raj Ramakrishnan Group of Companies & his associates in any legal proceedings.